Mississippi Advisory Opinions February 06, 1981: AGO 000002848 (February 6, 1981)

AGO 000002848.

Dear Mr. Hamberlin:

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

"I have several questions:

1. The Town of Maben at the present time appoints the Town Marshall. Years ago they elected the Town Marshall, some- time later they decided to make the job appointive.

Question: Can the Mayor and Board of Aldermen pass a resolution that they will go back to election procedure or must it be by election by the people to make the decision. If the answer is yes, they can change either way, when would an election be held?

If an election was called to determine the change, would this election be a legal expenditure to hold such election?

Please send me the latest 'Guide To Municipal Elections'. Questions are being asked and I want to be able to give the correct answer.

We understand that Maben has a Code charter (mayor-aldermen) form of municipal government.

If the office of Town Marshall of Maben is now appointive and the governing authorities determine to make such office elective, then they would act to repeal the municipal ordi- nance which changed the office from elective to appointive. The repealing action should state that the office will be elective.

There are no statutory provisions for a municipal election to make the decision. Under the provisions of Section 21-3- 3 of the Mississippi Code of 1972, Annotated, the repealing action to effect the change shall not be adopted within nine- ty (90) days prior to any regular general election for the e- lection of municipal officers and the action would not become effective during the term of office of any officer whose of- fice would be affected thereby.

The date of the next municipal general election for Maben is June 2, 1981. Changing the office of Maben Town Marshall would be a change in voting requirements, practices, or procedures of a local government entity which requires federal approval under Section 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c).

Should an ordinance be passed in accordance with law which chan- ges the office from appointive to elective, the Maben Town Attor- ney shall submit the matter for federal approval.

The "Guide To Municipal Elections" is being revised and we will mail you a copy when it is completed. With kind regards, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

S. E. Birdsong, Jr. Assistant Attorney General

SEB,Jr./mg