Mississippi Advisory Opinions August 14, 1985: AGO 000009126 (August 14, 1985)

AGO 000009126.

Dear Ms. Stewart:

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

Your letter states:

"As an alderman in the town of Osyka, I am requesting your opinion on this issue: A petition was entered into the town board minutes requesting that the position of police marshal be elective rather than ap- pointive (which it presently is)and requesting that an election be held within 60 days. Is this board required to act, either favorably or unfavorably, on this petition? If the board chooses to require the election of a police marshal, what requirements must be met by the candidates, what procedures must be followed, and when can the election be held? If the board chooses not to require the election, it is my understanding that no action is necessary on the petition."

In response to your inquiry, we know of no statutory obli- gation that would require action on the described petition. Mississippi Code Annotated 21-3-3 as amended by Chapter 488, Laws of 1985 (copy enclosed) specifically states that the marshal or chief of police shall be an elective office.

However, it authorizes the Board to provide that said office be appointive.

It is the opinion of this office that the Board is autho- rized to restore the office in question to an elective position. However, before an ordinance changing the position from appointive back to elective can become effective, said ordinance must be precleared by the U. S. Justice Department under Section 5 of the Voting Rights Act. Furthermore Section 21-3-3 specifically provides that "no such ordinance shall become effective during the term of office of any officer whose office shall be affected thereby".

In our opinion an ordinance restoring the marshal or chief of police to an elective position could not become effective until the expiration of term of office of the present mayor and board of aldermen. In other words if the board lawfully enacts the ordinance and it is precleared by the U. S. Justice Department, persons desiring to be candidates could qualify and run for the office in the regularly scheduled municipal elections in 1989 and the person elected would assume office on the first Monday of July, 1989 (See Section 21-15-1).

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY Phillip C. Carter Special Assistant Attorney General

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