Mississippi Advisory Opinions July 16, 1986: 19860716 (July 16, 1986)

Advisory Opinion Text

Honorable Gerald B. Carmichael

Attorney for Town of Utica

Post Office Box 204

Utica, Mississippi 39175

Dear Mr. Carmichael:

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 Board of Mayor and Aldermen of the Town of Utica, Mississippi, consisting of a Mayor and 5 Aldermen elected at large, have requested that I write you concerning the change from such system, to that which provides for dividing the town into four wards with one aldermen to be elected from each ward, and one at large.

“The question to be resolved is whether or not an election must be held for approval by the qualified voters of the change.

“My research shows that the Mississippi Code of 1930, Section 2509 does not mention an election.

“My research further shows that in the Mississippi Code of 1942, Section 3374-36, no election is mentioned.

“Further research shows that Laws of 1962, Chapter 537, approved May 24, 1962 amending Section 3374-36, Code of 1942, along with compilation in Code of 1972, Section 21-3-7 were found to be violative of the 14th and 15th amendment to the U.S. Constitution, and the requirements as to elections, were removed, by court orders.

“The Board is in process of changing from at large to the ward system for the election of aldermen. It would appear that the adoption of an ordinance, subject to the approval of the U.S. Attorney General, would suffice.”

In response to your inquiry, this office agrees that the adoption of an ordinance subject to the approval of the U.S. Justice Department is all that is required for a code charter municipality having a population of less than ten thousand to change from an at large to a ward system in accordance with Mississippi Code Annotated § 3374-36 (1942).

Please see the enclosed copy of an opinion addressed to Honorable R. K. Houston, dated May 29, 1984, which supports your conclusions regarding this matter.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.