D.Jones - January 14 2022 - Nepotism and Hiring of Board Member's Relative as a Barber Inspector

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 January 14, 2022 Ms. Debra Jones Executive Director Mississippi Board of Barber Examiners 510 George Street, Suite 400 Jackson, Mississippi 39202 Re: Nepotism and Hiring of Board Member’s Relative as a Barber Inspector Dear Ms. Jones: The Office of the Attorney General has received your request for an official opinion. Issue Presented Would Mississippi’s nepotism statute be violated by the Mississippi Board of Barber Examiners (the “Board”) employing a Board member’s nephew or cousin as a barber inspector? Brief Response No. There will be no violation of Mississippi’s nepotism statute by the Board employing a Board member’s nephew or cousin as a barber inspector because a barber inspector is not one of the five employment positions enumerated in Section 25-1-53. Applicable Law and Discussion Mississippi Code Annotated Section 25-1-53, Mississippi’s nepotism statute, provides, in pertinent part: It shall be unlawful for any person elected, appointed or selected in any manner whatsoever to any state, county, district or municipal office, 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 degree, 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. Ms. Debra Jones January 14, 2022 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 In describing the analysis required to determine whether a violation of Mississippi’s nepotism statute has occurred, this office has opined in the following manner: We have oft opined that this section of the code requires analysis of two separate issues. First, it must be determined whether the position for which the individual is being considered is one of the five listed positions. Only then is it necessary to move on to the question of whether the person is related within the third degree to a member of the appointing authority. MS AG Op., Youngman at *1 (Feb. 23, 2001). Section 25-1-53 prohibits a board of the state from hiring a person who is related by blood or marriage within the third degree to one of only five specific positions: officer, clerk, stenographer, deputy, or assistant. You state that a Board member’s nephew or cousin has applied for a position vacancy with the Board. Because the position—a barber inspector—is not one of the five enunciated positions within Section 25-1-53, the answer to the first question set forth above is “no, it is not one of the five listed positions.” Accordingly, there will be no violation of Mississippi’s nepotism statute by the Board employing a Board member’s nephew or cousin as a barber inspector. Notably, we invite you to consult the Mississippi Ethics Commission regarding any potential conflicts of interest, governed by Mississippi’s Ethics in Government Law. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Gregory Alston Gregory Alston Special Assistant Attorney General