R. Freeman - July 11, 2025 - Alderman Interference in Municipal Operations

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 July 11, 2025 The Honorable Reginald K. Freeman Mayor, City of Itta Bena Post Office Box 563 Itta Bena, Mississippi 38941 Re: Alderman Interference in Municipal Operations Dear Mayor Freeman: The Office of the Attorney General has received your request for an official opinion. Background As Mayor of the City of Itta Bena, you allege that a certain alderman is interfering with city operations. Specifically, you cite instances in which the alderman has instructed city employees not to obey mayoral instructions as well as instances in which the alderman has contacted contractors to do work for the city without your knowledge or the approval of the Board of Aldermen. Question Presented Does an alderman have the right to interfere in the mayor’s day-to-day operations of a city? Brief Response Consistent with state law and prior opinions of this office, in code charter municipalities, the executive power of the municipality and the supervision of municipal officers and affairs are vested in the mayor. Applicable Law and Discussion As an initial matter, opinions of this office are limited to prospective questions of state law only. An Attorney General’s opinion can neither validate nor invalidate past action. MS AG Op., Magee at *1 (Aug. 29, 2008). Your request refers to several prior alleged instances of conduct by an alderman. To the extent you ask us to opine on such conduct, we provide guidance for prospective The Honorable Reginald K. Freeman July 11, 2025 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 application only. Further, this opinion is issued with the understanding that the City of Itta Bena operates under the mayor-board of aldermen, or “code charter,” form of government as outlined in Title 21, Chapter 3 of the Mississippi Code. As to alderman interference with municipal employees, Mississippi Code Annotated Section 21- 3-15(1) provides that in a code-charter municipality, “the executive power of the municipality shall be exercised by the mayor, and the mayor shall have the superintending control of all the officers and affairs of the municipality, and shall take care that the laws and ordinances are executed.” (emphasis added). That same statute specifically provides that “[n]o member of the board of alderman shall give orders to any employee or subordinate of a municipality other than the alderman’s personal staff.” Miss. Code Ann. § 21-3-15(2)(a). This office has previously and consistently opined that, in a code charter municipality, the mayor’s superintending control means the “general oversight and supervision of municipal departments and employees [and] all the officers, employees and affairs of the municipality.” MS AG Op., Holcomb at *1 (July 11, 2022) (quoting MS AG Op., Pepper at *1 (Jan. 17, 2014)). Superintending control entitles the mayor to “enact policies related to the overall supervision of employees and department heads,” and “give duty specific direction to both.” MS AG Op., Honnoll at *1 (Aug. 13, 2010) (citing MS AG Op., Goddard (June 16, 2006)). As to alderman interference with municipal contracts, the Attorney General is authorized to issue opinions to public officials and bodies only “upon any question of law relating to their respective offices.” Miss. Code Ann. § 7-5-25 (emphasis added). For your general guidance, however, we refer you to Section 21-3-15(2)(a) which states that “[t]he legislative power of the municipality shall be exercised by the board of aldermen by a vote within a legally called meeting.” (emphasis added). In conclusion, in a code charter municipality, the mayor is vested with the executive power of the municipality, including the supervision and control of municipal employees. 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/ Caleb A. Pracht Caleb A. Pracht Special Assistant Attorney General