Mississippi Advisory Opinions October 13, 2006: No. 2006-00503 (October 13, 2006)

No. 2006-00503.

2006-00503

Dear Ms. Whittington:

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

The Mayor of Summit, Mississippi died on September 16, 2006. The Mayor Pro Tem and Councilpersons had a special meeting on Thursday, September 21, 2006 to declare the Office of Mayor vacant, show a need fro a special election and to set a date for that election. That date is October 31, 2006 so please expedite your opinion.

My question to you is: At least 1 maybe 2 of the current councilpersons intend to run for the Office of Mayor. At what point do they resign from their position on the Board? One of the candidates may be the current Mayor Pro Tem - Will he be able to preside over the October meetings and conduct the Town's business while he is campaigning for Mayor? Obviously one or maybe both of these gentlemen will lose the election - Do they just simply go back to serving on the Board as they did before the special election?

It is our understanding that the Town of Summit operates under a private charter. In a telephone conversation you indicated that there is nothing in the charter that has any bearing on the question you present.

Based on the above stated understanding, we find nothing in the general law that requires a member of a town governing board to resign in order to be a candidate in a special election for the office of mayor. Therefore, we are of the opinion that a councilperson may qualify as a candidate for mayor and continue to serve on the town's governing board. Obviously, if a councilperson is elected and is sworn in as mayor, he automatically vacates his council seat.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter Special Assistant Attorney General