Mississippi Advisory Opinions August 12, 1982: AGO 000003449 (August 12, 1982)

AGO 000003449.

Dear Mr. Roach:

Attorney General Bill Allain has received your letter of July 28, 1982, and has assigned it to me for reply. In your letter you state:

"I have been asked by Southwest Mississippi Regional Medical Center, a community hospital jointly owned by McComb, Pike and Amite Counties, Mississippi, as to whether one of our employees, Jim Causey, a resident of McComb can run for Mayor of the City of McComb. As an employee of the hospital, I attach his title and duties to this letter for your in- formation. He can be hired or fired by the Board of Trustees of the hospital. Since the City of McComb is part owner in the hospital the Board of Trustees wants to know as soon as possible in writing whether Mr. Causey can run for Mayor and at the same time continue to be an employee of the hospital. The Mayor of McComb is a part-time job at this time. Is the hospital required or duty bound to terminate the services of Mr. Causey upon his announcement as a candidate for Mayor. Would his announcement and campaign for Mayor cause the hospital any legal or ethical problems?

"Also, if you can answer this, please advise whether any person who has been an elected as a public official of the City, for example Mayor, can also hold a job as an employee of the hospital which is partly owned by the City of McComb.

"We would appreciate a written opinion within the next few days because we have a deadline to make our decision in order to protect the rights of the hospital and Jim Causey." This office is not aware of any prohibition of an employee from running for an office so long as the employee campaigns on his own time.

In response to your second question, we cannot render an opinion on such a hypothetical question as what exact set of future facts would exist is now unknown. However, for informational purposes we would make a few observations about possible problems.

The governing authorities have the authority to appoint trustees and approve the tax levy for the hospital. A mayor could vote in the event of a tie on these issues and could also veto a measure. As an employee of the hospital with such power over the levy and with the other powers of a mayor of a governing authority, the case of Cassibry v. State, 404 SO; 2d 1360 (ass. 1981) a copy of which is enclosed, could come into play.

We hope that the above and the enclosure will be of value to you.

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

By:

Larry J. Stroud Special Assistant Attorney General

LJS cm Encl.