This Advisory Opinion concerns the following issue as formulated from facts and/or circumstances furnished by a requestor. The Commission approved this opinion on June 7, 1996, basing its approval solely on the facts and circumstances stated herein.

May a constable use his personal vehicle that he also uses as his official constable vehicle to serve process for a law firm if he removes the insignia and decals that identify it as a constable's vehicle.

The pertinent conflict of interest laws to be considered here are:

Code Section 25-4-101 states:

"The legislature declares that elective and public office and employment is a public trust and any effort to realize personal gain through official conduct, other than as provided by law, or as a natural consequence of the employment or position, is a violation of that trust. Therefore, public servants shall endeavor to pursue a course of conduct which will not raise suspicion among the public that they are likely to be engaged in acts that are in violation of this trust and which will not reflect unfavorably upon the state and local governments."

Code Section 25-4-103(g)(i), (h), (1), and (p)(i)(ii)(iii) states:

"(g) 'Governmental' means the state and all political entities thereof; both collectively and separately, including but not limited to:

(i) Counties.

(h) 'Governmental entity' means the state, a county, a municipality or any other separate political subdivision authorized by law to exercise a part of the sovereign power of the state.

(1) 'Pecuniary benefit' means benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. Expenses associated with social occasions afforded public servants shall not be deemed a pecuniary benefit.

(p) 'Public servant' means:

(i) Any elected or appointed official of the government;

(ii) Any officer, director, commissioner, supervisor, chief; head, agent or employee of the government or any agency thereof; or of any public entity created by or under the laws of the State of Mississippi or created by an agency or governmental entity thereof; any of which is funded by public funds or which expends, authorizes or recommends the use of public funds; or

(iii) Any individual who receives a salary, per diem or expenses paid in whole or in part out of funds authorized to be expended by the government."

Code Section 25-4-105(1) states:

"(1) No public servant shall use his official position to obtain pecuniary benefit for himself other than that compensation provided for by law, or to obtain pecuniary benefit for any relative or any business with which he is associated."

I am the Constable for the Northern District of my County. My question is:
My job is an investigator for a Law Firm and Process Server. I know from previous opinions from your office that when I am working as Constable which is part time in my county that my vehicle has to be clearly marked as Constable with decals. I also know that when working as Constable you must be in uniform. My question is when I am working for the Law Firm in my car that I paid for, I am paying the insurance, I bought the tag, and I furnish all my gas and expenses, can I remove the insignia and decals because I am not working as Constable at that particular time. At present I have the decals on magnetic signs that stick on to my vehicle. When I am working for the law firm the signs go in the truck of the car and I do not wear the uniform.

The Commission's staff has been advised that the Attorney General has issued an official opinion, Grady C. Jones dated May 24, 1996, that states a constable may use magnetic signs that stick to a vehicle for the purposes of identifying an official constable vehicle and complying with Code Section 19-19-1.

Based solely on the facts and circumstances presented by the requestor, the Commission's opinion is as follows.

The conflict of interest laws do not as such prohibit a constable from using his personal vehicle in his private employment as a civil process server for a law firm.

Notwithstanding the above, the requestor must remain keenly aware of the above cited Code Section 25-4-101 and Code Section 25-4-105(1).

Code Section 25-4-101 sets the tone for the conflict of interest laws as the Legislature's "Declaration of Public Policy." This public policy can be summarized as any circumstance having the potential of creating suspicion among the public and reflecting unfavorably upon the state or local government should be closely reviewed by public servants with the intent to reduce or eliminate any suspicion on the part of the public which detracts from the public's trust in state or local government.

Code Section 25-4-105(1) prohibits public servants from using their official positions to obtain a pecuniary benefit for themselves, a relative or a business with which they are associated.

In order to promote the public trust as set forth in Code Section 25-4-101 and to avoid violating Code Section 25-4-105(1), the requestor should make every effort to inform the persons he is serving with civil process for the law firm that he is not acting in his official capacity as a constable. For example, he must remove the magnetic signs with the insignia and decals that identify his vehicle as that of a constable when serving civil process for the law firm. [Emphasis added]

Also, the requestor is advised not to accept compensation from the law firm for serving civil
process for the law firm when the papers to be served are within the jurisdiction of the Justice Court and he would be required to serve the papers as a duly elected constable for the statutory fee.

Ronald E. Crowe Executive Director