Mississippi Advisory Opinions March 18, 1981: AGO 000002837 (March 18, 1981)

AGO 000002837.

Dear Chief Ryan:

Attorney General Bill Allain has received your letter and has assigned it to me for research and reply. Your letter states:

"The question has come up as to whether or not my wife, Ruth O. Ryan, can run for election in the upcoming Town Elections without affecting my position as appoint- ed Chief of Police of the Town. We understand, verbal- ly, that there is no complication as I hold this posi- tion (under the so-called grandfather clause) since Au- gust of 1977, having been appointed by the previous (pre- sently elected) Board and Mayor.

"Technically, however, the newly elected Board that takes office in July of this year would have to reappoint me and therein lies the question. If she were to be elec- ted would there be a conflict of interest or a problem of nepotism, even though the reappointment would be a matter of technical action as I would have held the position pri- or to election, etc.

"As the period for filing for election is up on April 3rd, we will need a response prior to that date as she does not want to file if it would in any way affect my continu- ance in my present position as Chief of Police. This is something that came up on short notice, seriously, on her part."

No question of statutory prohibitions against conflicts of in- terest is involved in your inquiry. Section 25-1-53 of the Mis- sissippi Code of 1972, Annotated, provides:

" 25-1-53. Nepotism prohibited.

It shall be unlawful for any person elected, appointed, or selected in any manner whatsoever to any state, county, district, or municipal of- fice, or for any board of trustees of any state institution to appoint or employ, as an officer, clerk, stenographer, deputy, or assistant who is to be paid out of the public funds, any person related by blood or marriage within the third de- gree, computed by the rule of the civil law, to the person or any member of the board of trustees having the authority to make such appointment, or contract such employment as employer. This sec- tion shall not apply to any employee who shall have been in said department or institution pri- or to the time his or her kinsman, within the third degree, became the head of said department or institution or member of said board of trus- tees."

Considering the foregoing, it is the opinion of this office that should your wife attain elective office in the Municipality of Florence in the 1981 municipal elections, no violation of the statutory prohibitions against nepotism in municipal government will occur by reason of such election and your subsequent ap- pointment as Florence Chief of Police.

With kind regards, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

S. E. Birdsong, Jr. Assistant Attorney General

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