Mississippi Advisory Opinions November 14, 1991: 19911114 (November 14, 1991)

Advisory Opinion Text

Ms. Theresa D. Causey

City Clerk

Town of Sunflower

P.O. Box 145

Sunflower, Mississippi 38778

Dear Ms. Causey:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

We would like to request an opinion about the Town of Sunflower being able to pay for attorney fees that an Alderman on this present board accumulated during legal disputes on his winning in his ward during a town election.

After the alderman took office a lawsuit was placed against him trying to say that the other candidate should have won. This suit has since been dropped in court.

If you have any questions please feel free to contact me at my office.

Mississippi Code Annotated § 25-1-47(1) (1972) states:

(1) Any municipality of the State of Mississippi is hereby authorized and empowered, within the discretion of its governing authorities, to investigate and provide legal counsel for the defense of any claim, demand, or action, whether civil or criminal, made or brought against any state, county, school district, or municipal officer, agent, servant, employee, or appointee as a result of his actions while acting in the capacity of such officer, agent, servant, employee, or appointee; and such municipality is hereby authorized to pay for all costs and expenses incident to such investigation and defense.

The above quoted statute authorizes municipal governing authorities to provide legal counsel for the defense of claims made or brought against a municipal officer as a result of his actions while acting in the capacity of such officer.

Your letter states that the lawsuit was brought against the alderman and indicates that the lawsuit was an election contest and not a lawsuit making a claim as a result of the alderman's official actions.

Under the set of facts stated above, we find no authority for the municipality to pay for the legal expenses in question.

Sincerely,

Mike Moore, Attorney General

Phil Carter, Special Assistant Attorney General