Opinion Letter No. 62-74

January 9, 1974

Honorable Robert Fowler
Representative, District 69
Room 401, Capitol Building
Jefferson City, Missouri 65101

Dear Representative Fowler:

 This is in reply to your request for an opinion from this office whether a fire district board of directors located in St. Louis County or a municipal board of aldermen or councilmen in a city located in St. Louis County have the authority to prohibit any firemen from participating or working for certain candidates for county and state office. We assume that the district and municipal prohibitions apply to political activity by all city employees and do not apply to firemen only. We also assume the cities you refer to are third and fourth class cities.

 We are enclosing herewith Opinion Letter No. 422 issued by this office on July 20, 1970, to Patrick J. O'Connor regarding the authority of the city of Bridgeton under its city charter to regulate the political activities of city employees. We are also enclosing Opinion No. 45 issued May 1, 1953, to J. Rex James referred to in Opinion Letter No. 422. In Opinion Letter No. 422 we referred to Section 36.150, RSMo, which prohibits employees under the state merit system from participating in certain political activities.

 We do not find any statute which prohibits a board of directors of a fire district or the board of aldermen or councilmen of third or fourth class cities from exercising such authority.

Very truly yours,

John C. Danforth
Attorney General