Callahan v. LEAKE CTY. DEMOCRATIC EXECUTIVE COMMITTEE

773 So. 2d 938, 2000 Miss. LEXIS 246, 2000 WL 1790590
CourtMississippi Supreme Court
DecidedDecember 7, 2000
Docket1999-EC-01746-SCT
StatusPublished
Cited by7 cases

This text of 773 So. 2d 938 (Callahan v. LEAKE CTY. DEMOCRATIC EXECUTIVE COMMITTEE) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Callahan v. LEAKE CTY. DEMOCRATIC EXECUTIVE COMMITTEE, 773 So. 2d 938, 2000 Miss. LEXIS 246, 2000 WL 1790590 (Mich. 2000).

Opinion

773 So.2d 938 (2000)

Jimmy CALLAHAN
v.
LEAKE COUNTY DEMOCRATIC EXECUTIVE COMMITTEE and Greg Waggoner.

No. 1999-EC-01746-SCT.

Supreme Court of Mississippi.

December 7, 2000.

Brian Austin Hinton, Columbus, Attorney for Appellant.

Robert M. Logan, Jr., Newton, J. Niles McNeel, Louisville, Attorneys for Appellees.

EN BANC.

BANKS, Presiding Justice, for the Court:

¶ 1. Here we confront the question of whether the prohibition against political activity which applies to officers and employees of the Mississippi Department of *939 Wildlife, Fisheries and Parks disqualifies them as candidates for public office. We hold that while the prohibition is a condition of employment, it is not a disqualification for seeking or holding office.

I.

¶ 2. On March 1, 1999, Greg Waggoner, an employee of twenty-three years with the Mississippi Department of Wildlife, Fisheries, and Parks, qualified to run for the elective office of Leake County Sheriff. Jimmy Callahan, the incumbent Sheriff of Leake County, had qualified to run for reelection on February 12, 1999. Aware of a statute prohibiting employees of the Department from being active in a political campaign for their own candidacy or the candidacy of another, Waggoner took a leave of absence from his employment on March 7, 1999. Waggoner officially retired from the Department on July 31, 1999-before the first primary election.

¶ 3. Callahan and Waggoner were the only candidates in the Democratic Party primary election for that party's nomination for the office of Sheriff. Waggoner received 3,241 votes, and Callahan received 3,166 votes. The certification of these election results was tantamount to the election of Waggoner as Sheriff, because there were no other party nominees for the office and no independents qualified.

¶ 4. On August 26, 1999, Callahan filed a petition with the Leake County Democratic Executive Committee, alleging irregularities in a precinct. On September 7, 1999, the committee conducted a hearing on the petition and declined by a majority vote to grant the relief requested. Aggrieved by the committee's decision, on September 20, 1999, Callahan filed a petition for judicial review in the Circuit Court of Leake County pursuant to Miss.Code Ann. § 23-15-961(7) and Miss.Code Ann. § 23-15-927 claiming that the committee disregarded and failed to act upon the allegations in his complaint. He also alleged for the first time that at the time of qualification, Greg Waggoner, as an employee of the Mississippi Department of Wildlife, Fisheries and Parks, was barred from running.

¶ 5. The Democratic Executive Committee moved to dismiss Callahan's petition stating that his claim, challenging the qualification of Waggoner, was time barred under Miss.Code Ann. § 23-15-961, and asserted that the circuit court was without jurisdiction to hear the complaint because Waggoner's qualification was never presented in the petition filed before the Committee. Waggoner filed an answer simply denying the allegations in Callahan's complaint.

¶ 6. On October 11, 1999, the court entered an order observing that the parties had stipulated that there were no questions of material fact and that the sole question of law was whether Waggoner was qualified to run for the office of Sheriff. The court order granted the motion to dismiss filed by the Democratic Executive Committee and concluded that Miss.Code Ann. § 49-1-19 did not disqualify Waggoner from running for Sheriff of Leake County. Aggrieved by the court's decision, Callahan timely filed this appeal, claiming error in the court's failure to allow him to proceed against the Democratic Executive Committee and in the court's ruling on the merits.[1]

II.

¶ 7. The sole issue we address in this case is whether Waggoner can serve as sheriff of Leake County in harmony with Miss.Code Ann. § 49-1-19. The fact that Callahan was not allowed to proceed against the Democratic Executive Committee *940 pursuant to Miss.Code Ann. § 23-15-961 (1999 ) is irrelevant and is, therefore, not addressed by this Court.[2]

¶ 8. In reviewing questions of law, this Court proceeds de novo. Cummings v. Benderman, 681 So.2d 97, 100 (Miss. 1996) (citing Bilbo v. Thigpen, 647 So.2d 678, 688 (Miss.1994); Cooper v. Crabb, 587 So.2d 236, 239 (Miss.1991); Harrison County v. City of Gulfport, 557 So.2d 780, 784 (Miss.1990)).

¶ 9. We have long held that where a statute is plain and unambiguous there is no room for construction. Only when a statute is unclear or ambiguous should we look beyond the language of the statute in determining the Legislature's intent. Kerr-McGee Chem. Corp. v. Buelow, 670 So.2d 12, 17 (Miss.1996); Allred v. Webb, 641 So.2d 1218, 1222 (Miss.1994); Clark v. State ex rel. Miss. State Med. Ass'n, 381 So.2d 1046, 1048 (Miss.1980). Because Callahan asks this Court to exercise a legislative prerogative by prescribing a sanction not authorized by statute for the violation of a prohibition against political activity, we cannot grant the relief he requests.

¶ 10. Miss.Code Ann. § 49-1-19 as it existed at all times pertinent to this action read in pertinent part:

(1) No member of the commission, the executive director, administrative officer, employee, supervisor or conservation officer shall be active in any manner for or on behalf of his own candidacy or the candidacy of any candidate for any public office during his term of office or employment with said department. Violation of this subsection shall constitute a Class II violation and upon conviction thereof the violator shall be punished as provided in Section 49-7-143 for each offense. A conviction shall render vacant the office or position of the violator.

(emphasis added). Section 49-7-143 provides that Class II violations shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than sixty days nor more than six months, or by both fine and imprisonment.

¶ 11. Callahan argues that the punishment for violation of § 49-1-19 is not confined to the companion statute, Miss.Code Ann. § 49-7-143, which provides for misdemeanor penalties. The punishment, Callahan insists, rendering "vacant the office or position of the violator" disqualifies the violator from seeking an elected office.

¶ 12. He directs this Court to a number of other statutes which govern political activity of other state and municipal employees. Among these are Miss.Code Ann. § 43-1-13

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Cite This Page — Counsel Stack

Bluebook (online)
773 So. 2d 938, 2000 Miss. LEXIS 246, 2000 WL 1790590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callahan-v-leake-cty-democratic-executive-committee-miss-2000.