Mississippi Advisory Opinions April 24, 1985: AGO 000004759 (April 24, 1985)

AGO 000004759.

Dear Mr. Meadows:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply.

Your letter states:

"The Mayor and Board of Commissioners of the City of Gulfport have directed me to write your office for an opinion as to whether or not one (1) of the present Commissioners of the City of Gulfport would be prohibited from employment by the next Administration.

"By way of background, on January 29, 1985, the electorate of the City of Gulfport voted to adopt the Mayor-council form of government and to abandon the existing Commission Form.

"As you know, the present Mayor and two (2) Commissioners are now required to organize the Mayor- Council form of government, draw ward lines, etc., prior to the upcoming regular municipal elections.

"QUESTION: Since the present Mayor and two (2) Commissioners must form the new Mayor-Council form of government, would Article 4, Section 109 of the Mississippi Constitution, prohibit the present Mayor and Commissioners from being employed by the new city government?

"Article 4, Section 109 of the Mississippi Constitution provides as follows:

"`No public officer or member of the legislature shall be interested, directly or indirectly, in any contract with the state, or any district, county, city, or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member, during the term for which he shall have been chosen, or within one year after the expiration of such term.'"

Your letter correctly quotes Section 109 of the Mississippi Constitution.

You state in your letter that the electorate of the City of Gulfport voted to adopt the Mayor-Council form of government. Under the Mayor-Council form of government the council, by statute, is empowered to establish departments by ordinance and the mayor is empowered to appoint a director to head each such department. Mississippi Code Annotated, 21-8-23 (Supp. 1984).

The prohibition in Section 109 is against a public officer having a direct or indirect interest in any contract with the city authorized by any order made by the board of which he may be or may have been a member, during the term for which he shall have been chosen, or within one year after the expiration of such term.

Since the establishment of the new form of government was a matter of election by the citizens of Gulfport and since the creation of the municipal departments will, by statutory requirement, be done by the new council yet to be elected, it is the opinion of this office that any future appointment or employment of a member of the present governing board by the City of Gulfport could not be the result of any order passed by the present board and is therefore not subject to the prohibition of Section 109.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY:

Phillip C. Carter Special Assistant Attorney General

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