Does Mississippi's nepotism law block a city from hiring the mayor's grandson as a parks-department laborer?

Plain-English summary

Ridgeland's city attorney asked whether the city could hire the mayor's grandson (a relative within the third degree) as a laborer in the Parks and Recreation Department. Section 25-1-53, Mississippi's nepotism statute, prohibits public officials from appointing or employing a relative within the third degree as "an officer, clerk, stenographer, deputy or assistant."

The AG applied the standard three-part test (relationship within third degree, relative is the appointing authority, position is one of the five enumerated positions). The third prong was the dispositive one: a "laborer" is not one of the five enumerated positions in the statute. So the nepotism statute didn't apply, and the hire was permissible.

The opinion cited multiple prior AG opinions on the laborer-not-included point (Gilfoy 1993, Blackmon 2010, Gifford 1999), confirming the consistent reading. The AG closed with the standard pointer to the State Ethics Commission for any conflict-of-interest review under the ethics-in-government law.

Currency note

This opinion was issued in 2021. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion said for each audience, at the time

For Mississippi cities making hiring decisions in 2021

Section 25-1-53 reaches five positions: officer, clerk, stenographer, deputy, and assistant. The opinion held that a "laborer" is not one of those five, so the statute did not bar hiring the mayor's grandson as a parks-and-recreation laborer. The AG noted it had "repeatedly opined that a laborer is not one of the five positions specified in the nepotism statute," citing Gilfoy (1993), Blackmon (2010), and Gifford (1999).

For mayors and other elected officials with relatives seeking municipal jobs

Under the opinion, the nepotism statute was not violated because the position (laborer) was not one of the five enumerated positions, so the third prong of the Gilfoy test was not met. The opinion did not address the appointing-authority prong on these facts beyond applying the three-part test.

For ethics review

The opinion did not end the inquiry at the nepotism statute. It invited the city to consult the Mississippi Ethics Commission "regarding any potential conflicts of interest, governed by Mississippi's Ethics in Government Law." The AG did not itself analyze any conflict-of-interest question.

Common questions

Q: Which positions does the statute cover?
A: By its text, § 25-1-53 makes it unlawful to appoint or employ a relative within the third degree "as an officer, clerk, stenographer, deputy or assistant who is to be paid out of the public funds." The AG has read that as a list of five positions, and has repeatedly opined that a laborer is not among them.

Q: What's "third degree of consanguinity" in this context?
A: Civil-law computation:

• 1st degree: parent, child
• 2nd degree: grandparent, grandchild, sibling
• 3rd degree: great-grandparent, great-grandchild, aunt/uncle, niece/nephew

A grandson is a 2nd-degree relative, well within the statute's third-degree reach. So the relationship prong was satisfied; the laborer-position prong was not.

Q: Does this rule apply to county hires too?
A: The statute by its terms applies to "any state, county, district or municipal office." The opinion itself addressed a municipal hire (a city parks-and-recreation laborer) and concluded the statute was not violated because a laborer is not one of the five enumerated positions.

Q: What about ethics issues?
A: The opinion did not analyze that. It invited the city to consult the Mississippi Ethics Commission "regarding any potential conflicts of interest, governed by Mississippi's Ethics in Government Law." That review is separate from the nepotism statute.

Background and statutory framework

Section 25-1-53 makes it unlawful for a person elected, appointed, or selected to any state, county, district, or municipal office (or for a board of trustees of a state institution) to appoint or employ as an "officer, clerk, stenographer, deputy or assistant" anyone related to the appointing authority by blood or marriage within the third degree, computed by the rule of the civil law.

The three-part test from the 1993 Gilfoy AG opinion is the operating framework: (1) relationship within the third degree, (2) the relative who is a public official is the appointing authority, and (3) the position is one of the five named in the statute. If any answer is "no," the statute does not bar the appointment. The opinions cited here (Gilfoy, Blackmon 2010, Gifford 1999) consistently found that a laborer is not among the five positions.

Beyond the statute, the opinion invited the city to consult the Mississippi Ethics Commission about any potential conflict of interest under Mississippi's Ethics in Government Law, without itself analyzing that question.

Citations and references

Statutes:

• Miss. Code Ann. § 25-1-53, Mississippi nepotism statute, prohibition limited to five enumerated positions

Prior AG opinions cited:

• MS AG Op., Gilfoy (Aug. 26, 1993), three-part nepotism test; laborer not enumerated
• MS AG Op., Blackmon (Mar. 19, 2010), laborer not within statute
• MS AG Op., Gifford, Jr. (Feb. 26, 1999), same

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2021/05/J.Scanlon_May-3-2021-Nepotism-and-Hiring-of-Mayors-Grandson-in-City-Parks-and-Recreation-Department.pdf

Original opinion text

May 3, 2021

John P. Scanlon, Esq.
Attorney for the City of Ridgeland
800 Avery Boulevard North, Suite 101
Ridgeland, Mississippi 39157

Re: Nepotism and Hiring of Mayor's Grandson in City Parks and Recreation Department

Dear Mr. Scanlon:

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 City of Ridgeland Board of Aldermen (the "Board") employing the Mayor's grandson as a laborer in the Parks and Recreation Department?

Brief Response

No. There will be no violation of Mississippi's nepotism statute by the Board employing the Mayor's grandson as a laborer in the Parks and Recreation Department because a laborer 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.

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:

In determining whether the nepotism statute applies, it is necessary to apply a three-part analysis. One, are the parties related within the third degree? Two, is the relative who is a public official the appointing authority? Three, is the position one of the five enunciated positions in the statute? If the answer to any one of these questions is no, the nepotism statute does not prohibit the appointment or employment of the individual in question.

MS AG Op., Gilfoy at *1 (Aug. 26, 1993) (emphasis added).

Section 25-1-53 prohibits a board of aldermen 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 the Mayor's grandson applied to be a "laborer" in the Parks and Recreation Department. This office has repeatedly opined that a laborer is not one of the five positions specified in the nepotism statute. See, e.g., MS AG Op., Gilfoy at 1 (Aug. 26, 1993); MS AG Op., Blackmon at 2 (Mar. 19, 2010); MS AG Op., Gifford, Jr. at *1 (Feb. 26, 1999).

Because the position, a laborer, is not one of the five enunciated positions within Section 25-1-53, the answer to one of the three questions set forth above is "no." Accordingly, there will be no violation of Mississippi's nepotism statute by the Board employing the Mayor's grandson as a laborer in the Parks and Recreation Department.

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