Moore, 013180 MSAGO, 19800131

Docket Nº:19800131
Case Date:January 31, 1980
Court:South Carolina
 
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Mr. Charles L. Moore
No. 19800131
Mississippi Attorney General Opinions
January 31, 1980
         Mr. Charles L. Moore          Director          Mississippi Civil Defense Council          P. O. Box 4501, Fondren Station          Jackson, Mississippi 39216          Violation of Section 25-1-53, Mississippi Code of 1972, Nepotism           Dear Mr. Moore:          Attorney General Bill Allain has received your letter dated January 25, 1980 and has assigned it to me for research and reply.          Your letter stated:
“The Mississippi Civil Defense Council requests an Opinion by the Attorney General as to whether or not the factual situation set forth below constitutes Nepotism in accordance with Section 25-1-53, Mississippi Code of 1972, Nepotism Prohibited. “On December 7, 1970, Mrs. Paula H. Carlos was employed by the Laurel-Jones County Civil Defense Council as Clerk II Typing (see Attachment A). Her husband, Carl C. Carlos, was the Director of the Laurel-Jones County Civil Defense Council at the date of her employment. “ Section 33-15-17, Mississippi Code of 1972, reads in part 'Each local organization for civil defense shall have a director who shall be appointed by the governing body of the political subdivision, and who shall have direct responsibility for the organization, administration and operation of such local organization for civil defense, subject to the direction and control of such governing body'. “It is further stated in a Resolution dated February 6, 1963, by the City of Laurel and Jones County which created the local civil defense organization for said city and county that 'It is further ordered that the Director is authorized to employ a full-time secretary at a reasonable salary, same to be approved by the Council, and the Clerk is directed to pay her said salary out of the Civil Defense budget, semi-monthly' (see Attachment B). This Agency, therefore, submits the following question for your Opinion: Does the employment of Paula H. Carlos as Clerk II Typing for the Laurel-Jones Civil Defense Council, by her husband, Carl C. Carlos, Director, with approval by the City Council of Laurel, Mississippi, constitute Nepotism under Section
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