Mississippi Advisory Opinions December 09, 2011: No. 2011-00481 (December 09, 2011)

No. 2011-00481.

Dear Ms. Ladner:

By letter dated November 8, 2011 you submitted for the consideration of the Attorney General proposed amendments to the Special Charter of the City of Greenville (the Charter) pursuant to Mississippi Code Annotated Section 21-17-9 (Revised 2007).

Included with your letter is a proof of publication showing that the proposed amendments were published in the Delta Democrat-Times, a newspaper published in the City of Greenville, on the twenty-third and thirtieth of June and the seventh of July, 2010.

There are eleven (11) separate proposed amendments. In discussing each of these with Greenville's City Attorney, it is our understanding that two of the proposed amendments, ordinance numbers 10-010 and 10-011, will be revisited by the governing authorities. Therefore, we will not consider those two proposed amendments at this time.

We now address the remaining nine proposed amendments, ordinances numbers 10-001 through 10-009 to which we will refer as ordinances one through nine.

Ordinance one would delete the $2,400 annual limitation on expenditures for "wholesome amusement." It is the opinion of this office that the proposed amendment is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

Ordinance two would amend Article III, Section 3-1 to provide that the vice mayor will be predetermined and rotated on an annual basis among council members. We understand that the City of Greenville's form of government was instituted prior to the passage of Chapter 8, Title 21, Mississippi Code of 1972 which provides for the formation of a Mayor-Council form of government. Therefore, in our opinion, the Charter is not subject to the provisions of such enactment and that the proposed amendment is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

Ordinance three would provide for the municipal court to be presided over by a municipal court judge instead of the mayor or mayor protempore pursuant to Article III, Section 3-11 of the Charter and provides for the appointment of a prosecuting attorney, and public defender. We are of the opinion that the proposed amendment is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

Ordinance four would provide that municipal officers and employees are to be appointed by the City Council and would serve at the pleasure of the Council. As previously stated, we are of the opinion that the Charter is not subject to the provisions of Chapter 8, Title, 21, Mississippi Code and 1972. Therefore, in our opinion, the proposed amendment is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

Ordinance five would increase the surety bond requirements of officers and employees handling or having custody of public funds and the mayor and council members. We are of the opinion that the proposed amendment is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

Ordinance six would provide that one must reside within the corporate limits of the City for thirty (30) days in order to be a registered voter. Article V, Section 5-8 of the Charter currently requires a one (1) year residency. The proposed amendment is consistent with general state law. Therefore, we are of the opinion that the proposed amendment is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

Ordinance seven would require the municipal registrar of voters to conform the municipal registration books to the county registration books which shall be a part of the official record of registered voters as contained in the Statewide Centralized Voter System. We are of the opinion that the proposed amendment is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

Ordinance eight would amend the Charter to increase the number of municipal election commissioners from three (3) to five (5). This is consistent with the provisions of Mississippi Code Annotated Section 23-15-221. Therefore, we are of the opinion that the proposed amendment is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

Ordinance nine would delete the requirement that the City Council cause the voter rolls to be purged on or before thirty (30) days prior to a bond issue referendum. We are of the opinion that the proposed amendment is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

In summary, we find the proposed amendments set forth in ordinance numbers 10-001 through 10009 to be consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General