Mississippi Advisory Opinions April 03, 2009: No. 2009-00120 (April 3, 2009)
Collection: Mississippi Attorney General Opinions
Docket: No. 2009-00120
Date: April 3, 2009
Advisory Opinion Text
No. 2009-00120.
AUTH:Phil Carter
DATE:20090403
RQNM:Rachel Michel
SUBJ:Municipal Officers
SBCD:149
Attorney for City of McComb
Post Office Box 667
McComb, Mississippi 39649-0667
Dear Ms. Michel:
Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.
Issue Presented
You state that the City of McComb operates under a special charter and cite Section 2-115 of that charter which states that a city administrator shall be appointed by the governing body "on the advice and recommendation of the mayor." You ask if a candidate for the vacant position of city administrator may be proposed by a selectman without the Mayor's consent/agreement with the proposal and/or candidate?
Response
No.
Applicable Law and Discussion
In City of Natchez v. Sullivan, 612 So.2d 1087 (Miss. 1992) the Mississippi Supreme Court ruled that it has long been a principal of statutory construction that words in a statute which are not ambiguous should be given their plain meaning in determining legislative intent. It is also long established that the meaning of an unambiguous statute cannot be restricted or enlarged. Marx v. Broom, 632 So.2d 1315 (Miss. 1994).
Conclusion
The charter provisions quoted above are clear and unambiguous and require a recommendation from the mayor as a prerequisite to an appointment of a city administrator by the selectmen.
Sincerely,
JIM HOOD, ATTORNEY GENERAL
By: Phil Carter
Special Assistant Attorney General