Mississippi Advisory Opinions February 17, 2017: AGO 2017-00049 (February 17, 2017)

Advisory Opinion Text

AUTH: Phil Carter

RQNM: Patti Pettit

SUBJ: Municipalities

SBCD: 142

TEXT: The Honorable Patti Pettit

Mayor, Village of Woodland

Post Office Box 39

Woodland, Mississippi 39776

Re: Changing from five to three aldermen

Dear Mayor Pettit:

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

Issue Presented

Your letter states:

During the 2016 legislative session, SB 2603 passed which allows municipalities with a population of 500 or less to hold a special election to determine if the municipality will change from having five aldermen to three. We understand that at this time it is too late to hold the special election before the qualifying deadline of March 3. If only three candidates qualify to run for aldermen by the deadline, can the village then hold the special election before the municipal general election on June 6 and, if approved in the special election by a majority of the qualified electors of Woodland, remove two of the seats from the board of aldermen? Every candidate for alderman in Woodland runs at-large. Woodland is a small village, limited with people that can or will serve in municipal office.

Response

We preface our response by stating that this opinion is narrowly drawn and is specific to your particular set of facts and that it is our understanding that the Village of Woodland has a population of 500 or less.

SB 2603, now codified in Mississippi Code Annotated Section 21-3-7(3), does not specify when, if approved in a lawful special election, the change would become effective.

We are of the opinion that two seats would be eliminated, provided: (1) the governing authorities adopt an order or resolution calling for a special election on the issue; (2) the special election notice requirements of Section 23-15-859 (copy enclosed) are met; (3) the special election is lawfully held and the proposal is approved; and (4) three or fewer candidates qualify to seek the office of alderman.

Obviously, if more than three candidates qualify to seek the office of alderman, the duly elected aldermen would be entitled to serve the ensuing four-year term.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Phil Carter, Special Assistant Attorney General