Mary Croft
Office of the Attorney GeneralAugust 26, 2005
2005 WL 2562740 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2005-0431
*1 August 26, 2005
Re: Municipal Inmates
*1 Mary Croft
*1 P.O. Box 677
*1 Webb, MS 38966
Dear Mrs. Croft:
*1 Attorney General Jim Hood has received your letter of request and has assigned it to me for research and reply. Your letter states:
*1 I am the mayor for the Town of Webb, Mississippi. I am requesting your assistance with the following problem on how to stop an alderperson/vice mayor from issuing orders on a day to day basis to the Town clerk and employees. Specifically, this alderperson arrives at the town hall when it opens Monday through Friday and direct the day to day activities of the Town. She answers the phone, operates the computers, gives instructions and commands to the employees, contacting other agencies to make agreements, etc., on behalf of the Town of Webb. I have searched the AG opinions and Miss. Code Ann., and provided the alderperson with copies of the opinions and statutes that set forth the authority if the Mayor and Board Members as well as the mayor's authority of the daily operations of the town. The alderperson has refused to accept the opinions and statutory authority and continues to interfere with the day to day operations of the Town.
*1 Clearly the statutes and prior opinions states that a board member does not has the authority to interfere with the day to day operations. However, the statutes that I have searched or opinions do not provide any guidance as to what steps, procedures and/or legal actions that may be utilized to stop and/or prevent such offending conduct by a board member.
*1 Please provide me with your official opinion as to what I may do to prevent the alderperson from engaging in such future activity. I realize that as Mayor, I will be held accountable for the day-to-day operations of the Town in the event something goes wrong.
*1 In response, you are correct in asserting that prior opinions and the Mississippi Code do not give an alderman/vice mayor the authority to interfere with the daily governing operations of Webb.
*1 The Mississippi Code and subsequent case law have addressed the proper duties and powers of aldermen and vice mayors. Aldermen are elected to office to serve for a prescribed period of time, Miss. Code. Ann. Section 21-3-7 (1972 as amended), and their primary responsibility is to look to the future and enact ordinances for the benefit of the municipality. They are to serve as the “legislative body of the city.” City of Jackson v. Freeman-Howie, Inc., 121 So.2d 120 (Miss. 1960). Furthermore, vice mayors may only serve in the capacity of mayor in the absence of the mayor. Miss. Code Ann. Section 21-7-13 (1972 as amended).
*1 This office has previously opined that aldermen “may not become involved in the day to day operation of municipal government or in the direction of a department head”, MS AG Op., Baker (March 8, 1995), and they do not have the individual authority to “direct daily activities of employees.”, MS AG Op., Moore (February 14, 1997). The same standard applies for vice mayors when the mayor is present.
*2 However, if an aldermen is defiant and refuses to fulfill his or her proper role, further action may be taken by governing authorities in a court of competent jurisdiction. Therefore, it is the opinion of this office that an alderman, or alderman that has been elected as vice mayor, only has the authority and may only perform the duties that have been specifically granted by statute.
*2 If this office may be of further assistance please let us know.
2005 WL 2562740 (Miss.A.G.)
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