R. Pierce - August 25, 2026 - Nepotism

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 August 25, 2026 Randy Pierce Board Attorney, Greene County Board of Supervisors 820 Manila Street Lucedale, Mississippi 39452 Re: Nepotism Dear Mr. Pierce: The Office of the Attorney General has received your request for an official opinion. Question Presented Does the position of park director fall under the prohibited list of positions included in Mississippi Code Annotated Section 25-1-53, which prohibits the employment of a person related to a board member within the third degree? Brief Response The position of park director is not one of the prohibited positions or classes of employees listed in Section 25-1-53. Applicable Law and Discussion The nepotism statute, Section 25-1-53, provides in relevant 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. (emphasis added). This statute lists five prohibited classes of employees. Notably, the position of “park director” is not within one of the prohibited classes of employees. See MS AG Op., Jones at Randy Pierce August 25, 2026 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 *1 (Oct. 3, 2025) (reiterating that the prohibition only applies to the five listed classes of employees). Accordingly, it is the opinion of this office that it is not a violation of the nepotism statute for a board of supervisors to employ a relative of a board member as the park director. We refer you to the Mississippi Ethics Commission for any questions you may have regarding potential 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/ Beebe Garrard Beebe Garrard Special Assistant Attorney General