C.Hemphill - February 24, 2023 - Marshal Department Communication Policy

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 February 24, 2023 Christopher D. Hemphill, Esq. Attorney, Town of Caledonia 214 5th Street South Columbus, Mississippi 39701 Re: Marshal Department Communication Policy Dear Mr. Hemphill: The Office of the Attorney General has received your request for an official opinion. Background The town of Caledonia has a marshal department with a full-time marshal and several part-time deputy marshals and other employees. The marshal has inquired whether he can adopt a policy requiring employees to follow the chain of command in discussing marshal department business —tickets, reports, complaints, incidents, etc.— by first discussing with either the chief marshal or the assistant chief marshal before discussing department business with alderpersons, the mayor, or town attorney. Such discussion with alderpersons, the mayor, or the town attorney would occur only after receiving permission through the chain of command. The marshal is concerned about marshal employees discussing sensitive information outside the department. Question Presented Does the town marshal have the authority to enforce a communication policy requiring that marshal employees follow the internal chain of command in discussing marshal department business before discussing with other municipal officers outside of the department? Brief Response A town marshal may adopt an internal communication policy and employment protocols pursuant to his or her authority as the municipality’s chief law enforcement officer having supervision and control over all police officers employed by the municipality. Christopher D. Hemphill, Esq. February 24, 2023 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 Applicable Law and Discussion Pursuant to Mississippi Code Annotated Section 7-5-25, this office is authorized to issue official opinions upon prospective questions of state law only. This office is unable to opine on the specifics of local policies and proposed local policies. See MS AG Op., Hensarling at *1 (Sept. 3, 2021). As a general matter, however, Section 21-21-1 provides that “[t]he marshal or chief of police shall be the [municipality’s] chief law enforcement officer” having “control and supervision of all police officers employed by [the] municipality.” (Emphasis added). This office has opined that the marshal or police chief, as the chief law enforcement officer of the city, “has [the] authority to make daily decisions concerning law enforcement.” MS AG Op., Ewing at *1 (Apr. 12, 1995). Accordingly, it is the opinion of this office that a town marshal, as the chief law enforcement officer, may create and enforce an internal communication policy and employment protocols. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Abigail C. Overby Abigail C. Overby Special Assistant Attorney General