Can a Mississippi special-charter city's board of mayor and selectmen remove school board trustees mid-term or change school board term lengths by ordinance?
Plain-English summary
McComb is one of a small number of Mississippi cities governed by a special charter rather than under the general state-law framework. McComb's school district has a five-member board of trustees: four are appointed by the McComb City Board of Mayor and Selectman; one is elected from the added territory of the school district.
Selectman Brock asked: can the City Board remove all four appointed school board members and start fresh? And can the City Board pass an ordinance to set school trustee terms or how trustees serve?
The AG said no to both, with a key qualification: the answers assume McComb's special charter is silent on these matters. If the charter actually addresses school board removal or terms, the charter language would control.
Setting that aside, the AG applied the general framework:
1. No mid-term removal. Mississippi school board trustees serve five-year terms under Section 37-7-203. The AG has long held that an individual lawfully appointed to office is entitled to serve the full term unless they cease to qualify (citing Rhodes 2020 and Cardin 2005). Mid-term removal is not allowed without a specific statutory removal procedure. Special-charter authority does not include the power to override Section 37-7-203's term protection.
2. No ordinance conflicting with state law. Special-charter municipalities can adopt ordinances on municipal affairs, property, and finances that are not addressed by general law and not inconsistent with the constitution, the Mississippi Code, the special charter, or other state law (citing Section 21-17-5). An ordinance changing school board trustee terms or removal procedures would conflict with Section 37-7-203 and would be invalid.
The opinion is short and direct. The legal point: special-charter status gives a city flexibility on local affairs, not a general license to override state law on school district governance.
What this means for you
For Mississippi special-charter municipalities
Special charters (granted to certain cities by separate legislative act) often set up unique governance frameworks. Section 21-17-5 protects that local autonomy by allowing the city to ordain its own rules on municipal affairs, but only in the spaces general law leaves open.
Practical guidance:
- Read your special charter for specific authorities and limits.
- General state law applies in addition to the charter unless the charter specifically displaces it.
- Where the charter is silent, general state law applies.
- Where the charter and state law conflict, generally the charter's specific provisions control on local matters; state law controls on matters of statewide significance.
For school district governance specifically, state law (Title 37, Mississippi Code) creates a comprehensive framework that special-charter cities cannot override by ordinance.
For school board trustees in special-charter cities
You have term protection. Once appointed (or elected) to your five-year term, you serve out the term unless:
- You cease to qualify (move out of district, become disqualified, etc.)
- The Mississippi Code provides a specific removal procedure that has been followed
- You voluntarily resign
The City Board cannot dissolve the school board or remove you mid-term, even if there is political pressure or governance disagreement.
For McComb's specific situation
If the McComb City Board wanted to change the school district's governance:
- The path is to wait out trustee terms and appoint new trustees as terms expire (4 of 5 trustees over 5 years)
- For removal of a specific trustee for cause, the Mississippi Code's removal procedures (general or charter-specific, as applicable) would have to be followed
- For structural change (number of trustees, election method, qualifications), the legislature would need to amend the charter or the general statute
- The City Board cannot do these things by ordinance
For school district attorneys advising trustee boards
If a city board pressures a school board with threats of dissolution or removal, document the position:
- The city board lacks authority to dissolve the trustee board mid-term
- Specific removal requires a specific procedure with cause
- Mississippi AG opinions consistently support trustee term protection
If the political pressure becomes operational interference, consider whether further AG opinions, declaratory judgment actions, or formal complaints to state authorities are warranted.
For Mississippi attorneys advising on special-charter issues generally
Special-charter cities require careful research:
- The charter itself (often hard to find; check Mississippi Department of Archives and History)
- The Mississippi Code's general provisions
- AG opinions on the specific charter
- Court decisions involving the charter
When advising on a question, the standard approach is: (1) does the charter speak to this? (2) if yes, follow the charter (subject to constitutional limits); (3) if no, follow general state law.
For Mississippi legislators
Special-charter cities are a legacy from the 19th and early 20th centuries. The legislature can amend a charter through new legislation or repeal it (replacing it with general municipal law). For school district issues specifically, the general school code typically applies regardless of charter status, and amendments to school district governance (including for special-charter cities' districts) generally come through education-code amendments.
Common questions
Q: What is a "special charter" municipality?
A: A city whose governance structure is set by a specific legislative act (the charter) rather than under the general municipal law. Mississippi has a small number of special-charter cities, mostly older communities. The charter sets the city's governance framework, often including unusual structures (board of mayor and selectmen rather than aldermen, specific powers, specific limits).
Q: How do you find McComb's charter?
A: Special charters were enacted by individual statutes. Check Mississippi Department of Archives and History, the Mississippi Code's session laws, or the city's own legal records. Some charter cities have published their charters online.
Q: What does Section 21-17-5 actually say?
A: It is the broad ordinance-making authority for Mississippi municipalities. It allows them to "adopt any orders, resolutions or ordinances with respect to municipal affairs, property and finances" that are not inconsistent with the constitution, the Mississippi Code, the city's charter, or other state law. The "consistency" requirement is the limiting principle.
Q: Why are school board trustees protected from mid-term removal?
A: Continuity, independence, and democratic stability. Trustee boards make long-term decisions about education that benefit from members not fearing removal for political reasons. The five-year term, combined with removal-for-cause limits, protects the trustee role.
Q: How is a school board trustee removed for cause?
A: The procedure depends on the trustee's source of office and the specific cause. For appointed trustees, the appointing entity may be able to remove for good cause through the procedures in the Mississippi Code (sometimes requiring unanimity, sometimes requiring the trustee board's own recommendation). For elected trustees, removal procedures are stricter (often requiring quo warranto or impeachment-style proceedings). The 2021 opinion did not get into the specific procedure because it was answering a different question.
Q: Can the City Board change the SIZE of the school board?
A: Not by ordinance. The Mississippi Code (and possibly the charter) sets the school board's structure. Changing the number of trustees would require a charter amendment or a general law amendment.
Q: Can the City Board pass an ordinance giving itself a process for "advisory" review of school board decisions?
A: An ordinance that simply expresses City Board opinions or sets up advisory consultation would probably be permissible because it does not conflict with state law on school board authority. An ordinance that purports to require school board compliance with City Board directives would be invalid.
Q: What if the charter actually does authorize the City Board to remove school trustees?
A: The AG opinion's whole framework was conditional on the charter being silent. If the charter speaks, the analysis changes. The City Attorney would need to review the actual charter text.
Q: Could state law be amended to give cities more control over their school districts?
A: Yes, in theory. The legislature could amend Section 37-7-203 and related provisions to give cities specific oversight. As of 2021 (and the 2020/2005 opinions cited), no such amendments existed. The default is trustee independence.
Q: How does this opinion interact with municipal separate school districts vs. unified districts?
A: Mississippi has multiple types of school districts. McComb's district is a "municipal separate school district." Section 37-7-203 governs trustee terms for municipal separate school districts. Other district types (consolidated districts, county-line districts) have their own governance provisions. The 2021 opinion addresses municipal separate school districts specifically.
Background and statutory framework
Mississippi's municipal law has two parallel structures:
General law municipalities: Most Mississippi cities operate under the general municipal law, with mayors and aldermen, code charters, and standard authority granted in Title 21 of the Mississippi Code.
Special charter municipalities: A small number of cities operate under specific legislative charters. McComb is one. These charters often predate the general municipal law and have unique features.
Section 21-17-5 sets the rule on ordinance authority. Special-charter municipalities (and general law municipalities) can pass ordinances on local matters within these limits:
- Not inconsistent with the Mississippi Constitution
- Not inconsistent with the Mississippi Code
- Not inconsistent with the city's special charter (where applicable)
- Not inconsistent with any other state statute or law
For school district matters, the controlling state law is Title 37 (education). Section 37-7-203 sets terms for municipal separate school district trustees at five years. Once seated, trustees enjoy the protection long established in Mississippi: "an individual lawfully appointed to an office is entitled to serve the entire term of said office without being subject to removal, as long as he or she remains qualified to hold office" (Rhodes 2020, citing Cardin 2005).
The interaction with special charters is hierarchical:
1. Mississippi Constitution (top)
2. Statutes (middle, including Title 37)
3. Special charter (specific to charter cities, governs local matters within the legislative authority granted)
4. General municipal law (default for general-law cities)
5. Local ordinances (lowest, must comply with all above)
Special-charter cities can do things general-law cities cannot, where the charter authorizes. They cannot do things state law forbids. They cannot pass ordinances overriding state law.
The Carouthers (2019) and Barton (2012) opinions cited established the AG's general approach to special-charter questions: read the charter for specifics, apply general law where the charter is silent, give effect to the charter's specific provisions where they conflict with general law on local matters.
Citations and references
Statutes:
- Miss. Code Ann. § 21-17-5, municipal ordinance-making authority
- Miss. Code Ann. § 37-7-203, school board trustee terms
Prior AG opinions:
- MS AG Op., Carouthers (June 28, 2019), special charter governs where it speaks; general law where charter is silent
- MS AG Op., Barton (June 15, 2012), special charter provisions govern over conflicting general law on local matters
- MS AG Op., Rhodes (Jan. 8, 2020), appointee entitled to full term without removal
- MS AG Op., Cardin (Aug. 26, 2005), same
- MS AG Op., Jones (July 27, 2012), special charter cities can adopt ordinances on local matters not inconsistent with state law
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2021/09/R.Brock-September-3-2021-Authority-of-the-McComb-Citys-Board-of-Mayor-and-Selectman-Over-the-School-Districts-Board-of-Trustees.pdf
Original opinion text
September 3, 2021
The Honorable Ronnie Brock
Selectman, City of McComb
Post Office Box 667
McComb, Mississippi 39649-0667
Re: Authority of the McComb City's Board of Mayor and Selectman Over the School District's Board of Trustees
Dear Mr. Brock:
The Office of the Attorney General has received your request for an official opinion.
Background
The City of McComb is governed by a special charter. According to your request, the Board of Trustees for the McComb Municipal Separate School District ("School Board") has five members, four of whom are appointed by the McComb City Board of Mayor and Selectman ("City Board") and one of whom is elected from the added territory of the school district.
Questions Presented
- What authority, if any, does the City Board have to remove one or all four School Board members and appoint new School Board member(s)?
- Can the City Board create an ordinance to address School Board trustees' term of service and how the School Board trustees serve?
Preface
The City of McComb is a special charter municipality, and as such, the powers of the municipality flow directly from its charter. Ordinarily, questions about the workings of a municipality operating under a special charter should be answered by reference to the specific provisions of that charter; however, if the special charter is silent on a particular matter, general statutory provisions would apply. MS AG Op., Carouthers at 1 (June 28, 2019). Where the provisions of a special charter conflict with general law, generally, the specific provisions of a special charter govern. MS AG Op., Barton at 1 (June 15, 2012). This opinion is premised on the special charter of the City of McComb being silent on your questions; so, this office will apply general statutory provisions.
Brief Response
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Assuming the City of McComb's special charter is silent on this matter, as set forth above, the City Board has no authority to remove a School Board member during the term for which the member was appointed.
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Assuming the City of McComb's special charter is silent on this matter, as set forth above, Section 37-7-203 governs the terms of service of school board trustees. The City Board has no authority to adopt an ordinance that conflicts with state statutes.
Applicable Law and Discussion
With respect to your first question, members of the boards of trustees of municipal separate school districts serve five-year terms. Miss. Code Ann. § 37-7-203. We have previously stated that an individual lawfully appointed to an office is entitled to serve the entire term of said office without being subject to removal, as long as he or she remains qualified to hold office. MS AG Op., Rhodes at *2 (Jan. 8, 2020) (citing MS AG Op., Cardin (Aug. 26, 2005)).
With respect to your second question, we have previously stated that special charter municipalities can adopt any orders, resolutions or ordinances with respect to municipal affairs, property, and finances for which no provision has been made by general or special charter provisions and which is not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code, the special charter of the municipality, or any other statute or law of the State of Mississippi. MS AG Op., Jones at *2 (July 27, 2012) (citing Miss. Code Ann. § 21-17-5). As such, the City Board has no authority to adopt any ordinance that conflicts with state statutes.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Abby Cummings
Abby Cummings
Special Assistant Attorney General