M. Coleman - September 11, 2026 - Mayoral Veto Power Over Procedural Actions

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 September 11, 2026 Honorable Marshall W. Coleman Mayor, Calhoun City Post Office Box E Calhoun City, Mississippi 38916 Re: Mayoral Veto Power Over Procedural Actions Dear Mayor Coleman: The Office of the Attorney General has received your request for an official opinion. Question Presented May a mayor veto a procedural change voted on by the board of aldermen? Brief Response Yes. Mississippi Code Annotated Section 21-3-15(2)(b) provides that ordinances adopted by the board of alderman shall be submitted to the mayor for approval or veto. Subsection (3) clarifies that “the term ‘ordinance’ as used in this section shall be deemed to include ordinances, resolutions, and orders.” Miss. Code Ann. § 21-3-15(3). Applicable Law and Discussion We begin by noting that Section 7-5-25 allows this office to opine upon prospective questions of state law only. We may not validate or invalidate any past action. Calhoun City is a code charter municipality. Section 21-3-15 governs the respective powers of the mayor and the board of alderman in municipalities operating under a code charter. Section 21-3- 15(2)(b) provides that ordinances adopted by the board of alderman shall be submitted to the mayor for approval or veto. Subsection (3) clarifies that “the term ‘ordinance’ as used in this section shall be deemed to include ordinances, resolutions, and orders.” Miss. Code Ann. § 21-3-15(3). This office has previously opined that “[a]ny official act of a board of aldermen must necessarily take the form of an ordinance, resolution or order and is, therefore, subject to the mayor’s veto.” Honorable Marshall W. Coleman September 11, 2026 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 MS AG Op., Alves at *1 (Dec. 7, 1994). It thus follows that a procedural change voted upon by the board of alderman is an official act within the mayor’s veto authority provided by Section 21- 3-15(2)(b).1 If the mayor exercises his or her veto authority, the board may override the mayor’s veto by a two-thirds vote of its members. Id. 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/ Maggie Kate Bobo Maggie Kate Bobo Special Assistant Attorney General 1 In your request, you note that the subject procedural change relates to allowing board members to direct questions to municipal department heads directly rather than through a chain of command. For informational purposes, we highlight Section 21-3-15(1)-(2), which provides in part, “the mayor shall have the superintending control of all the officers and affairs of the municipality,” and “[n]o member of the board of aldermen shall give orders to any employee or subordinate of a municipality other than the alderman’s personal staff.” See also MS AG Op., Gerhart at *2 (Mar. 26, 2010) (providing that “[t]he board of aldermen may not . . . interfere with the supervisory authority granted to the mayor” and “[t]o permit the board of aldermen to become involved in the daily operation of a municipal department would result in the legislative branch of the municipality exercising an executive function”).