Mississippi Advisory Opinions June 19, 1979: 19790619 (June 19, 1979)

Advisory Opinion Text

Honorable Cliff Finch

Governor

State of Mississippi

20th Floor, Sillers Building

Jackson, Mississippi 39205

Dear Governor Finch:

This refers to letters of March 5, and May 24, 1979, from Hon. Herman Glazier which transmitted for the Attorney General's consideration eleven amendments to the charter of the City of Yazoo City, Mississippi.

These amendments, adopted by ordinances, are written to effect changes in the following subjects of municipal government:

A. Free public schools

B. Public Library Swimming pools and facilities

C. Sec. 16. Taxes, penalties; tax sales, redemption; disposition of sale proceeds

D. Sec. 17.1. Change of assessment

E. Sec. 22. City court; jurisdiction of mayor

Sec. 23. Fine, imprisonment; contempt of court; council may remit fines

Sec. 24. Execution of warrants, writs, processes

Sec. 25. Right of appeal; jury to be summoned

Sec. 26. Conduct of jury trials, fees of jurors

Sec. 27. Satisfaction of final judgment, sentence

Sec. 28. Appeal to circuit court; appeal bond

Sec. 29. Recovery of fines, penalties, forfeitures, taxes, debts

Sec. 30. Fees, compensation of officers

F. Sec. 43. Election inspectors, clerks of election

G. Sec. 44. Compensation of election officers

H. Sec. 51. Conduct of elections; operation of polls

I. Sec. 66. Borrowing money; purposes, bond requirements; approval by taxpayers. Paragraph (b)

J. Sec. 73. Synopsis of proceedings to be published

K. Sec. 76. Rules of construction.

These amendments are set out in documents attached to Mr. Glazier's letters and are further set out in attachment No. 1 to this letter.

The Yazoo City governing authorities proceeded by ordinances adopted on the dates indicated in attachment No. 1.

A resolution of the Yazoo City governing authorities of February 26, 1979, states that the Clerk of the Board reports that all the amending ordinances except those amending Sections 43 and 51 of the chapter were published for four consecutive weeks in the Peoples' Press , a newspaper published in Yazoo City, Yazoo County, Mississippi, on December 13, 20 and 27, 1978, and January 3, 1979, and that no protests were made against the proposed amendments or any of them by at least one-tenth (1/10th) of the qualified electors of the City of Yazoo City, Mississippi. Further, that the governing authorities find and adjudge that no such protests have been made on file.

Attached to the letter of May 24, 1979, are proofs of publication of two ordinances which amend Sections 43 and 51 of the chapter, showing that these two ordinances were published for four consecutive weeks in the same Peoples' Press on April 18 and 25 and May 2 and 9, 1979. Also, attached is a certificate of the City Clerk dated May 18, 1979, which certifies that the Proofs of Publication of Ordinances were presented to the Board of Mayor and Aldermen at its regular meeting on the 14th day of May 1979, and that said Board by Resolution found that said Ordinances had been duly published as required by law and that no objections had been filed pursuant to adoption of said Ordinances with either the Clerk of said Board or with said Board. He further certifies that no such objections have been made to the adoption of said Ordinances or filed with him.

Proof of publication on each amendment shows that the Peoples' Press is a newspaper published in the City of Yazoo City, Yazoo County, Mississippi, with a general circulation in Yazoo County.

Section 14(22) : The establishment and maintenance of free public schools are matters governed by the Mississippi Constitution of 1890 and the Statutes of the State of Mississipi and the ordinance amending the charter section is not predicated upon the Constitution and these statutes. Further, there is no necessity for such a charter provision.

Section 14(32) : The ordinance appears to be an attempted limitation upon municipal levies for support of a public library by limiting a levy to one mill. Sections 39–3–3 and 39–3–7 of the Mississippi Code of 1972, Annotated, permit a maximum of two mills. This provision, also, is unnecessary.

Section 43 : The last sentence reads, ‘. . . All poll workers appointed by said commissioner shall be duly qualified electors of the city.’ There is no such qualification requirement in the Mississippi Constitution or statutes. Such a requirement is one that must be submitted for approval under Section 5 of the Voting Rights Act of 1965.

Therefore, for the reasons stated above, I am of the opinion that the amendments to Sections 14(22), 14(32) and 43 to the Charter of the City of Yazoo City, Mississippi are not consistent with the Constitution and Laws of the United States and the Constitution of the State of Mississippi.

Based on all the information in all of the above mentioned documents and my review of the proposed amendments under the provisions of Section 21–17–9, the Mississippi Code of 1972, Annotated, I am of the opinion that each of the other amendments is consistent with the Constitution and Laws of the United States and the Constitution of the State of Mississippi.

Very truly yours,

A.F. Summer Attorney General.

S. E. Birdsong, Jr. Special Assistant Attorney General.

DATE ORDINANCE ADOPTED	CHARTER SECTION AMENDED	PROVISIONS OF AMENDMENTS
November 27, 1978	14	(22) Free Public Schools. To establish and maintain pubic schools for the free education of the children of said City, and to levy and collect a tax for the maintenance of such and the purchase and erection of all necessary school buildings, furniture and apparatus therefor, is hereinafter provided.
November 27, 1978	14	(32) Public Library. To appropriate any sum it shall see fit, not exceeding one mill of tax revenue annually, to the support and maintenance of the Yazoo Library Association.
November 27, 1978	16	Taxes, penalties; tax sales; redemption, disposition of sale proceeds. The time for assessing and collecting the taxes on all property and privileges levied pursuant to Section 15 hereof shall be those prescribed by the applicable laws of the State of Mississippi in effect at the time of the assessment of said taxes.
November 27, 1978	17.1	That Section 17.1 of Article II of the Charter of Yazoo City, Mississippi be and the same is hereby repealed.
November 27, 1978	22 through 30	Section 22. City Court. There shall be and is hereby established in and for the said city an inferior court, said court to operate under the provisions of Title 21, Section 23, Section 1 through Title 21, Chapter 23, Section 21 as amended of the Mississippi Code of 1972.
April 9, 1979	43	Said commissioners shall, prior to any election, appoint a sufficient number of poll workers for each of the polling places in said city; and that said Commissioner shall act in conjunction with said poll workers in holding election. All poll workers appointed by said commissioners shall be duly qualified electors of the City.
November 27, 1978	44	Compensation for said commissioners and poll workers shall be that specified by applicable state law for county election officers.
April 9, 1979	51	All elections under this act shall be by ballot or election machine. The polls shall be opened at 7:00 o'clock in the morning and be kept open until 6:00 o'clock in the evening, and the manner of voting, receiving and counting the votes and the character of the ballots to be cast in any election shall conform in all respects as near as possible to the requirements of the Mississippi Code of 1972 or any supplemental legislation.
November 27, 1978	66(b)	That Section 66(b) of Article VII of the Chapter of Yazoo City, Mississippi, be and the same is hereby repealed.
November 27, 1978	73	That Section 73 of Article VII of the Charter of Yazoo City, Mississippi, be and the same is hereby repealed.
November 27, 1978	76	That Section 76 of Article VII of the Charter of Yazoo City, Mississippi, be and the same is hereby repealed.