Gardner, 13 MSAGO, AGO 2013-295

• Court: Mississippi

Walter Gardner AGO 2013-295 No. 2013-00295 Mississippi Attorney General Opinions 2013          TEXT: Walter Gardner          Newton County Election Commissioner, District 1          P.O. Box 426          Decatur, MS 39327          AUTH: Liz Bolin          RQNM: Walter Gardner          SUBJ: Counties          SBCD: 49          Re: Employee Status of County Supervisors and Election Commissioners by Statute          Dear Mr. Gardner:          Attorney General Hood is in receipt of your request for an official opinion and it has been assigned to me for research and reply.          Background and Questions Presented          Your letter states:

Please advise the applicable codes that define whether an elected Supervisor and an elected Election Commissioner are classified as “part time” or “full time employees.”

Also, when providing group health insurance, must all “full time” or “part time” employees be treated the same as regulated by Federal Law.

I am an Election Commissioner of Newton County and also serve on the Board of Directors of the Election Commissioners Association of Mississippi, representing the 3^rd Congressional District, and have been asked to seek clarity on this question.

         Response          Pursuant to Mississippi Code Section 7-5-25, this office is authorized to respond to questions of law related to the requestor’s office. To the extent your request addresses a county supervisors employment status, we are unable to respond with an official opinion. Furthermore, this office does not respond by way of official opinion to questions pertaining to the interpretation of federal laws. For informational purposes and guidance, we offer the following discussion.          Applicable Law and Conclusion          Regarding sections of the Mississippi Code which address the employment status of a county election commissioner we direct you to the state laws...