Mississippi Advisory Opinions April 24, 1985: AGO 000004758 (April 24, 1985)

AGO 000004758.

Dear Mr. Stringer:

Attorney General Edwin Lloyd Pittman has received your opinion request and assigned it to me for research and reply, your letter of request stating:

"As per my conversation with you this date, I have a copy, of the official opinion dated January 11, 1985, addressed to Mrs. Sautermeister, concerning the hiring of relatives by the County Election Commission.

"I have one further question that I would like to have an opinion on:

"An Election Commissioner's wife was employed by the previous Election Commission prior to the time that he was elected to office and has worked preparing and cleaning voting machines, cleaning supply boxes, and other various duties as needed in the preparation for elections. This was done because of her understanding of the very complex way that ballots are prepared and installed in the CES voting machines and her complete honesty and trustworthiness.

"Is there a "GRANDFATHER" clause pertaining to this matter that would allow her to continue working at election time? Thank you for your time and cooperation."

For handy reference I enclose a copy of this office's opinion to Sue Sautermeister dated January 11, 1985, which you base your opinion request on.

I do not find in the nepotism statute (25-1-53, Mississippi Code of 1972) or in the ethics-conflicts of interest statute (25-4-105, ibid), copies of each of which are attached, a "grandfather clause" or exception appropriate which would allow the hiring by the Election Commission of a "spouse, child or parent" under the circumstances you set out.

Yours very truly,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY:

Richard M. Allen Special Assistant Attorney General

RMA/lcm Enclosures