Moore, 090275 MSAGO, 1975-0002

• Case Date: September 02, 1975
• Court: Mississippi

Senator John Paul Moore No. 1975-0002 Mississippi Attorney General Opinions September 2, 1975          Municipal Officers - National Guard Duty          Senator John Paul Moore          13th District          Post Office Box 414          Starkville, Mississippi 39759          Dear Senator Moore:          Your letter of request addressed to George Swindoll and dated August 27, 1975 has been assigned to me for research and reply.          Your letter stated:

         “It would be appreciated if you would give me a written opinion on Section 33-1-21 and let me know whether or not in your opinion 33-1-21 allows a municipal association to deduct from a man's salary for the two weeks that he is at National Guard; the amount that he received at the National Guard as a charge against the salary he would have received if he had not gone to the National Guard camp.          “The next question I would like to have answered is whether the city has any legal authority under Section 33-1-21 to require that the person who is in the National Guard camp for two weeks loses annual leave or vacation time for the periods when he was in National Guard camp. The next question, of course, would be whether or not the party involved is entitled to draw his National Guard pay plus his regular salary for the two weeks he's in National Guard camp without losing his annual leave or vacation time.”

         In response to your first question, I am of the opinion that if session 33-1-21 of the Mississippi Code of 1972, Annotated, does not require, authorize or permit a...