The City of Ocean Springs released the following statement regarding background checks for municipal candidates:
The City Clerk's Department for the City of Ocean Springs has consistently acted in good faith regarding the city's election process. For election cycles, the department consistently works alongside and assists the Municipal Executive Committees to ensure if a municipal candidate has committed a crime pursuant to Section 23-15-309, MS Code of 1971 or Section 44 of the MS Constitution that disqualifies the candidate.
On Tuesday, January 28, The Mississippi Municipal League released the following information to municipalities across the State:
- The Municipal Executive Committee ("MEC"), as defined in Section 23-15-309, is ultimately responsible for determining if a candidate has been convicted of a disqualifying crime. Not the City Clerk.
- The City may assist the MEC by conducting a criminal background check using its resources at the police department, to the extent allowed by law, or it may use other online resources. Discuss options with your City Attorney prior to doing so.
- If a City decides to assist the MEC, it is common to ask the candidate to sign a release agreeing to a background check. However, failure to sign the release does not disqualify the candidate from seeking office.
Though the City of Ocean Springs followed a common practice that has been in place for decades, the Ocean Springs City Clerk's Department will no longer assist the MEC with this part of the qualifying process. The City of Ocean Springs continues to remain impartial and upholds the integrity of all municipal elections.