Criss, 070775 MSAGO, 1975-0003

• Case Date: July 07, 1975
• Court: Mississippi

Mr. Prank W. Criss, Jr. No. 1975-0003 Mississippi Attorney General Opinions July 7, 1975          Municipal Officers          Mr. Prank W. Criss, Jr.          City Manager          City of Grenada          Post Office Box 310          Grenada, Mississippi 38901          Dear Mr. Criss:          Attorney General Summer has received your letter of request dated June 9, 1975 and has assigned it to me for research and reply.          Your letter stated:

         “Although the September issue of Mississippi Municipalities discussed the questions of municipal employees and their involvement with military obligations, we are still noy completely clear in this regard.          “As we understand your interpretation, the employee is entitled to make the annual field trip 'not to exceed fifteen days without loss of pay.' However, how do we treat the approximate two days each month when the employee goes to a meeting? Is this a separate period not to exceed 'fifteen days,' or can we deduct these days from the employee's pay or let the employee use a day of vacation?          “Also, your last paragraph stated, 'If the police officer is entitled to vacation, this would be in addition to the fifteen day period of the military leave of absence.' Our personnel policy states that an employee must be in our employment one year before vacation time can be taken, and some of our employees who are in the National Guard have not been in our employ one year. How does this affect us?          “Your advice on the above matter will be greatly appreciated.”

         I understand from our telephone conversation of July 3rd that the City of Grenada does not have a civil service system and that your inquiry refers to members of the Grenada police and fire departments and to other employees whose regularly assigned duties include being on the job at a time or times when the employees are required by their reserve component military obligations to attend military duty training sessions.          Section 33-1-21 of the Mississippi Code of 1972, Annotated, is applicable to your questions. It provides:

         “OFFICERS AND EMPLOYEES GRANTED LEAVE. (a All officers and employees of any department, agency, or institution of the State of Mississippi, or of any county, municipality, or other political subdivision, who shall be members of any of the reserve components of the armed forces of the United States, or former members of the service of the United States discharged or

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