Miss. Op. Att'y Gen., Graves (June 8, 2026)

G. Graves - June 8, 2026 - Alderman Interference in Day-to-Day Municipal Operations

Year: 2026Length: 375 wordsOfficial source
550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 June 8, 2026 The Honorable Greg Graves Mayor, City of Senatobia 133 N. Front Street Senatobia, MS 38668 Re: Alderman Interference in Day-to-Day Municipal Operations Dear Mayor Graves: The Office of the Attorney General has received your request for an official opinion. You reference specific instances of an alderman interfering with day-to-day operations of the municipality and ask what steps may be taken to ensure the alderman does not overstep his duties. As an initial matter, we note that Senatobia is a code charter municipality and thus controlled by Mississippi Code Annotated Sections 21-3-1 et seq., which, in part, set forth the duties of the mayor and aldermen. Whether the specific actions of the alderman in your request amount to directing the day-to-day operations of the municipality is a determination of fact “to be made by the governing authorities, subject to review by a court of competent jurisdiction.” MS AG Op., Mims at *2 (Aug. 15, 2014). Additionally, there is nothing in the above-referenced statutes allowing for mayoral discipline of aldermen. For a discussion of the respective duties of the mayor and aldermen, we refer you to the following opinions: MS AG Op., Miller at *1-2 (Mar. 5, 2010) (“[A]n individual alderman has no authority to direct the daily activities of municipal employees or to become involved in the direction of a department or department head.”); MS AG Op., Via at *1 (Dec. 10, 2004) (providing that an alderman is prohibited from making departmental administrative decisions as these actions “may constitute a violation of the separation of powers doctrine”); MS AG Op., Freeman at *1 (July 11, 2025) (“[T]he 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.”) (internal quotations and citation omitted). We also suggest you consult with the city attorney on these matters. Mayor Greg Graves June 8, 2026 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Matthew Ross Matthew Ross Special Assistant Attorney General