Mississippi Advisory Opinions June 27, 1991: AGO 000005203 (June 27, 1991)

AGO 000005203.

Dear Mr. Belk:

Attorney General Mike Moore has received your recent letter on behalf of the Town of Sunflower. In your letter you inquire whether the Board of Aldermen of the Town of Sunflower may retain an attorney to represent the Mayor who is being sued in her individual capacity as a democratic candidate for Mayor in a lawsuit filed by another democratic candidate for Mayor arising out of the democratic primary held on May 21, 1991. You attach a copy of the Complaint filed June 3, 1991, in this litigation in the Circuit Court of Sunflower County.

Miss. Code Ann. Section 25-1-47 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.

(2) Any municipality of this state is hereby authorized and empowered, within the discretion of its governing authorities, to pay and satisfy any negotiated settlement of a claim or any judgment, fine, or penalty which may be made, assessed, or levied by any court against any municipal agent, officer, servant, employee, or appointee as a result of any actions of such municipal agent, officer, servant, employee, or appointee while acting as such.

This office is of the opinion that the Board of Aldermen of the Town of Sunflower may use city funds to provide legal counsel for the defense of claims against its officers resulting from his/her actions while acting in the capacity of such municipal office but may not provide legal counsel for the defense of claims against its officers resulting from his/her actions while acting as a candidate for office.

If we may be of any further assistance, please let us know.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By: Alice D. Wise Special Assistant Attorney General

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