Mississippi Advisory Opinions February 24, 2012: No. 2012-00064 (February 24, 2012)

Mississippi Attorney General Opinions

2012.

No. 2012-00064.

Dear Ms. Frothingham:

Attorney General Jim Hood has received your request for an opinion and has assigned it to me for research and response.

Issues Presented

You inquire as to whether the rescheduling of the regular meeting of the board of aldermen is limited to the first week of each month. Specifically, you provide the following:

I would like a confirmation on a previous opinion rendered by the Attorney General's Office. My very specific question is in regards to at least two (2) opinion letters that state, "the board is authorized to change the day of the week of the regular meeting but there is no authorization to hold the meeting later than the first week of each month." At the last meeting of the board of aldermen here in Ruleville, MS, this came up as our board has not met on the required first Tuesday in more than a year. It was pointed out to the board that previous opinions prevent them from having the regular meeting other than in the first week. However, legal counsel advised the board that they could select any day in the month. He explained that the opinions offered by the previous Attorney General(s) no longer applied. I am of the opinion that the law is very clear. It says that the board may vote to change the day of the week...not the day of the month.

Again, my question is whether the only regular meeting of our board can take place other than in the first week of each month or not. There is no reason for such a change to take place other than an arbitrary one.

Response

The governing authority of a code charter municipality is authorized to change the day of the week of its regular meeting, by ordinance, in accordance with Section 21-17-17. Such authority to reschedule the regular meeting is not restricted to rescheduling within the first week of the month.

Applicable Law and Discussion

Section 21-3-19 of the Mississippi Code provides that code charter municipalities shall hold their regularly meetings on the first Tuesday of each month and authorizes the mayor and board of aldermen to set a day other than Tuesday as the day for the holding of their regular meeting, provided that they do so in accordance with Section 21-17-17.

Section 21-3-19 of the Mississippi Code provides:

(1)The mayor and board of aldermen shall hold regular meetings the first Tuesday of each month at such place and hour as may be fixed by ordinance, and may, on a date fixed by ordinance, hold a second regular meeting in each month at the same place established for the first regular meeting provided said second meeting shall be held at a day and hour fixed by said ordinance which shall be not less than two (2) weeks from the first day of the first regular meeting and not more than three (3) weeks from the date thereof. When a regular meeting of the mayor and board of aldermen shall fall upon a holiday, the mayor and board shall meet the following day. The mayor and board may recess either meeting from time to time to convene on a day fixed by an order of the mayor and board entered on its minutes, and may transact any business coming before it for consideration. In all cases it shall require a majority of all aldermen to constitute a quorum for the transaction of business.

(2) The mayor and board of aldermen may, pursuant to section 21-17-17, Mississippi Code of 1972, set a day other than Tuesday for the holding of their regular monthly meeting.

Section 21-17-17 provides the following:

Notwithstanding the provisions of sections 21-3-19, 21-5-13, 21-7-9 and 21-9-39, Mississippi Code of 1972, the governing authorities of any municipality may by ordinance duly adopted change the day of the week set by the appropriate section hereinabove as their regular monthly or bimonthly meeting date. Before the adoption of any such ordinance, the ordinance shall first be published once a week for at least three (3) consecutive weeks in a newspaper published in or having general circulation within the municipality. Once such regular meeting day has been changed, meetings shall be held as otherwise provided by law.

It is clear from the language contained in Section 21-3-19 that a code charter municipality is authorized to change the day of the week in which its regular meeting is held, provided that it does so in accordance with Section 21-17-17. The only time restriction we find in the aforementioned statutory provisions is the reference to the setting of a second meeting made in Section 21-3-19(1), which sets forth the limitations imposed on the scheduling of a second meeting. In the event that a mayor and board of aldermen seek to schedule a second meeting, they may do so, by ordinance, provided the second meeting is held "not less than two (2) weeks from the first day of the first regular meeting and not more than three (3) weeks from the date thereof." We do not find any express restriction contained in the statute regarding the holding of regular meeting that the municipality seeks to move to a later date. In fact, we acknowledged a municipality's authority to change its regular meeting from the first Tuesday of the month to the second Tuesday of the month due to general elections. MS AG Op., Stratton (February 4, 2005). Thus, it is the opinion of the office that the mayor and board of aldermen are authorized to change the day of the week of the regular meeting, provided that such change is made in accordance with Section 21-1717. Such authority to reschedule the regular meeting is not restricted to rescheduling within the first week of the month. We would note that, should a municipality seek to schedule a second meeting, the time restrictions contained in Section 21-3-19(1) may limit the options for changing the regular meeting.

To the extent that this opinion conflicts with previously-issued opinions, such opinions are hereby modified.

If we may be of further assistance, please advise.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Leigh Triche Janous

Special Assistant Attorney General