K. Jones - October 3, 2025 - Nepotism

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 October 3, 2025 The Honorable Kimberly Jones President, Board of Supervisors, Claiborne County Post Office Box 689 Port Gibson, Mississippi 39150 Re: Nepotism Dear Ms. Jones: The Office of the Attorney General has received your request for an official opinion. Questions Presented 1. May the elected board of supervisors employ the father of one of the supervisors in the position of economic development director or would this be a violation of the nepotism statute? 2. May the county administrator hire and supervise the father of one of the supervisors in the position of economic development director? 3. What would be the potential for exposure or liability if a finding is made that the above described employments are in violation of the nepotism statute and the ethics in government statute governing conflicts of interest? Brief Response 1. The board of supervisors may employ the father of one of the supervisors in the position of economic development director without violating Mississippi Code Annotated Section 25-1- 53, commonly known as the nepotism statute, because the position of “director” is not one of the prohibited classes of employment listed therein. 2. It would not be a violation of the nepotism statute for the county administrator to hire and supervise the father of one of the supervisors in the position of economic development director. See response to question one. The Honorable Kimberly Jones October 3, 2025 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 3. Given the prior responses, this question is moot in regard to the nepotism statute. For questions regarding conflicts of interest, we refer you to the Mississippi Ethics Commission. Applicable Law and Discussion Section 25-1-53 provides in 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. This section shall not apply to any employee who shall have been in said department or institution prior 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 trustees[.] As shown, “the [n]epotism [s]tatute, lists five prohibited classes of employment which are ‘an officer, clerk, stenographer, deputy or assistant.’” MS AG Op., Meek at *1 (Oct. 26, 2007) (quoting Miss. Code Ann. § 25-1-53). However, “the position of ‘director’ is not one of the prohibited classes of employment.” Id; see also MS AG Op., Fisher at *1 (Mar. 5, 2010) (“We have stated in two prior opinions that a county emergency management director, or like position, is not one of the five positions proscribed in the [n]epotism statute.”); MS AG Op., Alexander at *2 (Feb. 2, 2004) (“[T]he appointment of the nephew of a member of the City Council to the position of airport director does not violate the nepotism statute.”). Accordingly, it is the opinion of this office that the board of supervisors may employ the father of one of the supervisors in the position of economic development director without violating the nepotism statute. Likewise, it would not be a violation of the nepotism statute for the county administrator to hire and supervise the father of one of the supervisors in the position of economic development director. Finally, we refer you to the Mississippi Ethics Commission for questions regarding conflicts of interest. 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/ Maggie Kate Bobo Maggie Kate Bobo Special Assistant Attorney General