Mississippi Advisory Opinions May 14, 2004: AGO 2004-0205 (May 14, 2004)

Advisory Opinion Text

Guy W. Mitchell, III, Esquire

Attorney for City of Tupelo

Post Office Box 7120

Tupelo, Mississippi 38802-7120

Re: Change in Number of Wards or Councilmen

Dear Mr. Mitchell:

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

In 1989, the Mayor and Board of Aldermen of the City of Tupelo received petitions from more than twenty percent of the qualified electors of the city to hold an election to determine whether or not the city should change its form of government from the board of aldermen form to the mayor-council form pursuant to Section 21-8-3, MCA, 1972 .

The petitions that were received specifically requested that an election be held to determine whether or not the city should abandon its existing form of government and become organized under the mayor-council form of government with nine councilmen, seven of whom would be elected from separate wards and two from the municipality at large.

Following the receipt of those petitions and certification of the petitioners, an election was held on June 6, 1989, and by a vote of 3,752 for and 1,581 against, the electors of the City of Tupelo chose to adopt the mayor-council form of government at the next regularly scheduled municipal elections of 1993.

Section 21-8-3 provides that the petition shall specifically state the number of councilmen to be on the council and the number from wards and the number at large, if any. The petition complied with those statutory requirements and the ballots presented to the qualified electors of the City of Tupelo on June 6, 1989, specifically asked whether or not the city should become a mayor-council form of government with nine council members and with two of those members to be elected at large.

The results of that election were certified to the Secretary of State of the State of Mississippi and following the drawing of ward lines and the setting of precincts, everything was submitted and precleared by the Office of Attorney General of the United States of America.

At the next regularly scheduled election (1993) of municipal officials, new councilmen and mayor were elected under the mayor-council form of government as set out in the proposition and as adopted by the voters and precleared by the Attorney General for the United States.

In the process of redistricting the city following the 2000 census prior to the 2005 municipal elections, the city has received requests from a multi-racial committee organized within the city to change the existing form of government to either provide for nine wards with no at-large councilmen or to provide for seven councilmen, representing the seven existing wards, with no at-large councilmen.

After reviewing the statutes and the facts as set out above, it was my conclusion that to make any change in the existing form of government, either in the number of wards or the number of councilmen, it would be necessary for a new petition signed by twenty percent of the qualified electors of the City of Tupelo be submitted to the City Council and after verification it would be necessary to conduct a special election in the city to effectuate such changes. The City Council has asked me as City Attorney to inquire of your office whether or not my conclusions in this matter are correct and the question which I pose to you on behalf of the City of Tupelo is “if there is a change in the number of wards or the number of councilmen or if the councilmen are elected from specific wards or at-large, would there have to be an additional petition and special election per Section 21-8-3 Miss. Code 1972 ?” If your answer to this question is no, then could such changes be made by the City Council adopting an ordinance which provided for such changes?

In our opinion to you dated October 26, 1994 (copy enclosed) we opined that in order for the City of Tupelo to change from a seven ward, two at-large system to a nine ward, no at-large system, an election must be held in accordance with Section 21-8-3 . We are of the same opinion regarding any proposed change from a seven ward, two at-large system to a seven ward, no at-large system.

Sincerely,

Jim Hood Attorney General

Phil Carter Special Assistant Attorney General.