Mississippi Advisory Opinions March 18, 1982: 19820318 (March 18, 1982)

Advisory Opinion Text

Honorable Johnny B. Thomas

Mayor of the Town of Glendora

Post Office Box 90

Glendora, Mississippi 38928-0090

Re: Elections — Municipal

Dear Mayor Thomas:

Attorney General Bill Allain has received your letter and has assigned it to me for research and reply.

Your letter states:

“At the present time, I am Mayor Pro tem, a former Alderman. There will be a special election held this month for the election of a Mayor. I would like to know, if I am elected Mayor after the election, will I be in the position to appoint an individual to serve the unexpired time I had left as an Alderman, or will I be able to appoint an individual to serve until such time a special election can be held to fill my unexpired term as Alderman.”

When the vacancy occurs in the office of municipal alderman, such vacancy will be filled either by appointment or by a special election, depending upon the circumstances.

Reference is made to Section 21-15-5 of the Mississippi Code of 1972, Annotated:

Ҥ 21-15-5. Appointment to fill vacancy in public office.

When it shall happen that there is any vacancy in a city, town or village office which is elective, the unexpired term of which shall not exceed six months, the same shall be filled by appointment by the governing authority , or remainder of the governing authority, of said city, town or village. The municipal clerk shall certify to the secretary of state the fact of such appointment, and the person or persons so appointed shall be commissioned by the governor.” (Emphasis Supplied)

Under this section if the unexpired term of the office of alderman exceeds six months, then the vacancy will be filled by a special election.

If the unexpired term does not exceed six months, then the vacancy shall be filled by appointment by the municipal governing authority, not the mayor.

With kind regards, I am

Very truly yours,

Bill Allain Attorney General.