Does Mississippi's nepotism statute prevent a county board of supervisors from hiring a board member's relative as park director?

Plain-English summary

The Mississippi Attorney General concluded that a county board of supervisors does not violate section 25-1-53 merely by employing a board member's relative as park director. The statute bars appointment or employment of relatives within the third degree only in five listed classes: officer, clerk, stenographer, deputy, or assistant.

Park director was not one of those classes. The opinion relied on earlier Attorney General guidance that the statutory prohibition applies only to the listed employee categories.

The conclusion was limited to the nepotism statute. The opinion referred questions about possible conflicts of interest to the Mississippi Ethics Commission.

What this means for you

County boards and employers

For the position presented, the familial relationship did not trigger section 25-1-53 because park director was outside the statute's five employee classes.

Applicants and park directors

The opinion addresses only the statutory nepotism bar. It does not decide whether a particular hiring arrangement presents a separate ethics conflict.

Common questions

Which employee classes did the opinion identify as covered?

Officer, clerk, stenographer, deputy, and assistant.

Was park director treated as one of those classes?

No. The Attorney General concluded that the position did not fall within the list.

Did the opinion resolve conflict-of-interest questions?

No. It directed those questions to the Mississippi Ethics Commission.

Background and statutory framework

Greene County Board Attorney Randy Pierce asked whether section 25-1-53 prohibited the county from employing a board member's relative within the third degree as park director.

The opinion applied the statute's enumerated job categories and found no violation for the park-director position.

Citations and references

• Miss. Code Ann. § 25-1-53

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/08/R.-Pierce-August-25-2026-Nepotism.pdf

Original opinion text

August 25, 2026
Randy Pierce
Board Attorney, Greene County Board of Supervisors
820 Manila Street
Lucedale, Mississippi 39452
Re:

Nepotism

Dear Mr. Pierce:
The Office of the Attorney General has received your request for an official opinion. Question Presented Does the position of park director fall under the prohibited list of positions included in Mississippi Code Annotated Section 25-1-53, which prohibits the employment of a person related to a board member within the third degree? Brief Response The position of park director is not one of the prohibited positions or classes of employees listed in Section 25-1-53. Applicable Law and Discussion The nepotism statute, Section 25-1-53, provides in relevant 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. (emphasis added). This statute lists five prohibited classes of employees. Notably, the position of “park director” is not within one of the prohibited classes of employees. See MS AG Op., Jones at 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

Randy Pierce
August 25, 2026
Page 2
*1 (Oct. 3, 2025) (reiterating that the prohibition only applies to the five listed classes of employees). Accordingly, it is the opinion of this office that it is not a violation of the nepotism statute for a board of supervisors to employ a relative of a board member as the park director. We refer you to the Mississippi Ethics Commission for any questions you may have regarding potential 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/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680