A. Stuart - July 6, 2026 - Compensation for a Municipal Employee Assuming Duties Outside the Scope of her Regular Employment

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 July 6, 2026 Andrew Stuart, Esq. Attorney, City of Guntown 359 North Spring Street Tupelo, Mississippi 38804 Re: Compensation for a Municipal Employee Assuming Duties Outside the Scope of her Regular Employment Dear Mr. Stuart: The Office of the Attorney General has received your request for an official opinion. Background The City of Guntown (the “City”) employs an individual as a W-2 employee. Recently, the employee assumed additional responsibilities beyond her regular duties, and the City wishes to pay her additional compensation. Questions Presented What is the proper method for compensating a municipal employee for additional work outside of her regular duties? Brief Response The City must renegotiate the employee’s terms of employment to compensate her prospectively for additional duties performed outside of her regular position. Applicable Law and Discussion In an instance such as this one, where the City desires to provide additional compensation for additional duties performed by the employee, “[t]he proper mechanism for addressing this would be to renegotiate the terms of the employment of that individual to take these duties into consideration.” MS AG Op., McGriggs at *1 (Apr. 27, 2001). Andrew Stuart, Esq. July 6, 2026 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 While this office has opined that the award of additional compensation to a public employee after an employment relationship has been agreed to is prohibited because “a county does not have authority to compensate employees beyond the contract made[,]” an employee’s responsibilities and duties “may be adjusted prospectively and the salary adjusted accordingly.” MS AG Op., Gordon at *1 (Oct. 17, 2003) (citing Article IV, Section 96 of the Mississippi Constitution). Therefore, it is the opinion of this office that to compensate this employee for the additional responsibilities, the City will need to renegotiate the terms of her employment. 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/ Misty Monroe Misty Monroe Assistant Attorney General