Can a Mississippi county board of supervisors hire the father of one of the supervisors as the county economic development director without violating the state nepotism statute?
Plain-English summary
The president of the Claiborne County Board of Supervisors asked the AG whether the Board could hire the father of one of the supervisors as the county economic development director, given Mississippi's nepotism statute. She also asked whether having the county administrator (rather than the Board) hire and supervise him would change anything.
The AG's answer is direct: no nepotism violation. Section 25-1-53 prohibits an elected or appointed official from appointing or employing a relative within the third degree of kinship as one of five enumerated job categories: officer, clerk, stenographer, deputy, or assistant. "Director" is not on that list. The AG has consistently said so for nearly two decades, dismissing nepotism challenges to airport directors, emergency-management directors, and similar positions.
Two important caveats:
- Whether the county administrator hires him directly or the Board employs him doesn't matter for the nepotism analysis, because the position itself is outside the statute.
- The nepotism statute is not the only relevant law. Conflict-of-interest issues live in the Mississippi Ethics Commission's jurisdiction. The AG referred those questions there. A "no nepotism violation" conclusion does not mean "no ethics issue."
What this means for you
If you are a Mississippi county supervisor with a close relative seeking county employment
This opinion gives you a useful map of the Section 25-1-53 prohibited categories. The five classes are: officer, clerk, stenographer, deputy, assistant. If your relative is being considered for a director-level position (economic development director, planning director, IT director, airport director, etc.), the statute generally does not bar the hire.
Two practical recommendations:
- Get an Ethics Commission opinion before the hire, not after. The AG explicitly referred conflict-of-interest questions to the Mississippi Ethics Commission. A clean nepotism analysis can still be ruined by an ethics finding under the Government Ethics Law (Section 25-4-101 et seq.). A pre-hire ethics opinion is cheap insurance.
- Recuse from the vote and the supervision chain. Even if the statute doesn't require it, recusing from the vote on your relative's hire and from any annual review or compensation discussion involving your relative is the politically safer move and often the ethics-required move.
If you are a county administrator considering hiring a supervisor's relative
Same nepotism analysis: if the position is "director" or another role outside officer/clerk/stenographer/deputy/assistant, you are clear under Section 25-1-53. But you are also subject to the Government Ethics Law, and the supervisor whose relative you are hiring may have ethics duties of their own (recusal, disclosure). Coordinate with the county attorney before extending the offer.
If you are a county attorney advising on a related-party hire
The AG opinion line on Section 25-1-53 is unusually consistent. Three opinions worth citing:
- Meek (Oct. 26, 2007): "the position of 'director' is not one of the prohibited classes of employment."
- Fisher (Mar. 5, 2010): emergency-management director (or "like position") not within the five prohibited categories.
- Alexander (Feb. 2, 2004): airport director hire of a councilmember's nephew did not violate the nepotism statute.
The 2025 Jones opinion adds economic development director to the list. The pattern is now well-established: department directors are categorically outside the statute's reach.
That said, advise the Board to seek a parallel opinion from the Mississippi Ethics Commission on the conflict-of-interest analysis. Section 25-4-105 (the Ethics Commission's jurisdictional statute) covers a broader range of conduct than Section 25-1-53, including contract participation, use of office for personal benefit, and confidential information.
If you work in HR for a Mississippi county or municipality
When a hire would create a kinship relationship with an elected official within the third degree, run two checks:
- Nepotism statute check. Is the position one of the five prohibited categories (officer, clerk, stenographer, deputy, assistant)? If not, the statute is satisfied.
- Ethics check. Will the related elected official be in a position to influence the salary, supervision, or evaluation of the new hire? If yes, route to the Mississippi Ethics Commission for a pre-hire opinion.
If you are a citizen or journalist questioning a county hire
The relevant question under the Section 25-1-53 nepotism statute is the title of the position: officer, clerk, stenographer, deputy, or assistant? If the answer is no, the statute is not violated. But the statute is not the whole framework. The Government Ethics Law and the Ethics Commission have broader jurisdiction, and a department-director hire of a supervisor's family member can still create real ethics issues even when the nepotism statute is satisfied.
Common questions
Q: Does Mississippi's nepotism statute prohibit a county from hiring an elected official's relative?
A: It depends on the position. Section 25-1-53 prohibits hiring relatives within the third degree of kinship into five enumerated job classes: officer, clerk, stenographer, deputy, or assistant. Hires into other positions (like director-level roles) are not barred by the statute.
Q: What is the "third degree of kinship" under the civil law rule?
A: Generally that includes parents, children, grandparents, grandchildren, siblings, aunts and uncles, nieces and nephews, great-grandparents, and great-grandchildren. Spouses and step-relatives within that range typically count too.
Q: Why does "director" not count as a prohibited class?
A: The statute lists five specific words. "Director" is not one of them. The AG and Mississippi courts read the list narrowly. The AG has applied this narrow reading to airport directors (Alexander 2004), emergency-management directors (Fisher 2010), and now economic development directors (Jones 2025).
Q: Does it matter whether the Board hires the relative directly or whether the county administrator does the hiring?
A: No, for nepotism purposes. If the position is outside the five prohibited categories, the statute is satisfied either way.
Q: Are there any other rules a county should worry about beyond Section 25-1-53?
A: Yes. The Mississippi Government Ethics Law (Section 25-4-101 et seq.) is administered by the Mississippi Ethics Commission and covers a broader range of conduct, including conflicts of interest, recusal obligations, and use of office. The AG explicitly referred conflict-of-interest questions to the Ethics Commission.
Q: Should the related elected official recuse from the hiring vote?
A: The nepotism statute does not require recusal where the position is outside its scope, but recusal is often required or advisable under the Government Ethics Law. Get a separate Ethics Commission opinion.
Q: What happens if the Board hires a relative into one of the prohibited classes by mistake?
A: The hire can be challenged. The statute itself does not specify a remedy in this opinion, but the AG opinion line treats violations as actionable. If your county is in this position, get advice from the county attorney and consider voluntarily restructuring the position before a challenge arises.
Background and statutory framework
Section 25-1-53 is Mississippi's anti-nepotism statute. The text:
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. This section shall not apply to any employee who shall have been in said department or institution prior to the time his or her kinsman, within the third degree, became the head of said department or institution or member of said board of trustees[.]
The statute does two things: (1) lists five specific prohibited employment classes (officer, clerk, stenographer, deputy, assistant), and (2) creates a grandfather rule for employees already in place when the kinsman became the appointing official.
The AG has read the statute strictly: only those five categories are prohibited, and director-level positions are not. The Meek 2007 opinion stated the rule plainly: "the position of 'director' is not one of the prohibited classes of employment." The Fisher 2010 opinion applied it to emergency-management directors; Alexander 2004 applied it to airport directors. The 2025 Jones opinion adds economic development directors to the line.
The narrow reading reflects standard statutory-construction principles: when a statute lists categories, it covers those categories and not others (expressio unius est exclusio alterius). The Legislature could broaden the list to cover department heads and directors, but it has not.
The Government Ethics Law (Section 25-4-101 et seq.) is the parallel framework that does cover broader conflict-of-interest situations. It is administered by the Mississippi Ethics Commission, not the AG. The Commission issues advisory opinions that local officials should obtain before completing a related-party hire.
Citations and references
Statute:
- Miss. Code Ann. § 25-1-53 (nepotism statute)
Prior AG opinions cited:
- MS AG Op., Meek (Oct. 26, 2007): "Director" is not a prohibited class under Section 25-1-53.
- MS AG Op., Fisher (Mar. 5, 2010): Emergency management director not within prohibited classes.
- MS AG Op., Alexander (Feb. 2, 2004): Airport director hire of councilmember's nephew did not violate nepotism statute.
Related authority:
- Miss. Code Ann. § 25-4-101 et seq. (Mississippi Government Ethics Law): administered by Mississippi Ethics Commission, not AG.
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/10/K.-Jones-October-3-2025-Nepotism.pdf
Original opinion text
October 3, 2025
The Honorable Kimberly Jones
President, Board of Supervisors, Claiborne County
Post Office Box 689
Port Gibson, Mississippi 39150
Re: Nepotism
Dear Ms. Jones:
The Office of the Attorney General has received your request for an official opinion.
Questions Presented
- May the elected board of supervisors employ the father of one of the supervisors in the position of economic development director or would this be a violation of the nepotism statute?
- May the county administrator hire and supervise the father of one of the supervisors in the position of economic development director?
- What would be the potential for exposure or liability if a finding is made that the above described employments are in violation of the nepotism statute and the ethics in government statute governing conflicts of interest?
Brief Response
- The board of supervisors may employ the father of one of the supervisors in the position of economic development director without violating Mississippi Code Annotated Section 25-1-53, commonly known as the nepotism statute, because the position of "director" is not one of the prohibited classes of employment listed therein.
- It would not be a violation of the nepotism statute for the county administrator to hire and supervise the father of one of the supervisors in the position of economic development director. See response to question one.
- Given the prior responses, this question is moot in regard to the nepotism statute. For questions regarding conflicts of interest, we refer you to the Mississippi Ethics Commission.
Applicable Law and Discussion
Section 25-1-53 provides in 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. This section shall not apply to any employee who shall have been in said department or institution prior to the time his or her kinsman, within the third degree, became the head of said department or institution or member of said board of trustees[.]
As shown, "the [n]epotism [s]tatute, lists five prohibited classes of employment which are 'an officer, clerk, stenographer, deputy or assistant.'" MS AG Op., Meek at 1 (Oct. 26, 2007) (quoting Miss. Code Ann. § 25-1-53). However, "the position of 'director' is not one of the prohibited classes of employment." Id; see also MS AG Op., Fisher at 1 (Mar. 5, 2010) ("We have stated in two prior opinions that a county emergency management director, or like position, is not one of the five positions proscribed in the [n]epotism statute."); MS AG Op., Alexander at *2 (Feb. 2, 2004) ("[T]he appointment of the nephew of a member of the City Council to the position of airport director does not violate the nepotism statute."). Accordingly, it is the opinion of this office that the board of supervisors may employ the father of one of the supervisors in the position of economic development director without violating the nepotism statute. Likewise, it would not be a violation of the nepotism statute for the county administrator to hire and supervise the father of one of the supervisors in the position of economic development director.
Finally, we refer you to the Mississippi Ethics Commission for questions regarding conflicts of interest.
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/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General