Mississippi Advisory Opinions April 05, 2012: No. 2012-00172 (April 5, 2012)

No. 2012-00172.

Dear Mayor Adams:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.

You ask four questions regarding an elected police chief.

We understand that Nettleton is a code charter municipality and currently has an appointed chief of police.

What are the requirements for running for the Chief of Police in a Municipality?

The only requirement for candidates for any municipal office in a code charter municipality is that he or she be a qualified elector (legitimate registered voter) of the municipality.

Section 250, Mississippi Constitution of 1890 provides:

All qualified electors and no others shall be eligible to office, except as otherwise provided in this Constitution; provided, however, that as to an office where no other qualification than that of being a qualified elector is provided by this Constitution, the Legislature may, by law, fix additional qualifications for such office.

Other than being a qualified elector, we find no additional qualifications to hold a municipal elective office in a code charter municipality.

Mississippi Code Annotated Section 23-15-11 (Supp. 2011) describes a qualified elector. It provides in part:

Every inhabitant of this state, except persons adjudicated to be non compos mentis, who is a citizen of the United States of America, eighteen (18) years old and upwards, who has resided in this state for thirty (30) days and for thirty (30) days in the county in which he seeks to vote, and for thirty (30) days in the incorporated municipality in which he seeks to vote, and who has been duly registered as an elector under Section 23-15-33, and who has never been convicted of any crime listed in Section 241, Mississippi Constitution of 1890, shall be a qualified elector in and for the county, municipality and voting precinct of his residence, .... .

What control does the Board of Aldermen and Mayor have over an elected chief?

Generally, the municipal governing authorities have the power to employ, promote or demote municipal police officers, make and approve the municipal budget, and adjust the salary of the police chief, provided the adjustment is not arbitrary or unreasonable in relation to the resources of the municipality and the duties of the office. Mere dissatisfaction on the part of a majority of the members of the Board of Aldermen would not, in our opinion, constitute a sufficient or legitimate basis for any reduction in the chief's salary. MS AG Op., Clark (July 20, 1990); Alexander v. Edwards, (1954).

We have previously opined that while the mayor of a code charter municipality has the authority to observe activities of the police chief and policemen and to report to the board of aldermen on the activities of the department, the mayor does not have the authority to supervise law enforcement by the police chief on a daily basis. MS AG Op., Gorrell (September 26, 1990); MS AG Op., Lewis (November 20, 1986).

We have also said that there is no statutory authority for the designation of an alderman to serve as a police commissioner or to be involved in the daily operation of the police department. MS AG Op., Reynolds (October 31, 2008); MS AG Op., Miller (January 20, 2012).

We note that Mississippi Code Annotated Section 21-21-1 provides that the "chief of police shall be the chief law enforcement officer of the municipality and shall have control and supervision of all police officers employed by said municipality."

Can an elected police chief be impeached before the end of his term by a petition of the voters?

No. There is no procedure under state law whereby an elected municipal official can be removed from office by petition.

Can the board of aldermen set standards and job descriptions for an elected police chief?

Generally, an elected police chief is not bound by any standards and job descriptions adopted by the board of aldermen. Specifically, we have opined that elected officials do not have set work schedules. They are required to devote whatever time is necessary to fully perform the duties of their office. MS AG Op., Mueller (November 21, 2008); MS AG Op., Lambert (June 20, 2008); MS AG Op., Horhn (December 7, 2007).

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General