If a Mississippi alderman makes a motion that nobody seconds and nobody votes on, does the town have to put it in the meeting minutes?

Plain-English summary

The Town of Port Gibson's attorney asked whether a motion by an alderman has to go into the meeting minutes if nobody seconded it and it never came to a vote. The AG's framework:

1. Port Gibson is a special-charter municipality. If the charter speaks to what goes in the minutes, the charter controls. The AG cannot interpret a special charter by official opinion.
2. Where the charter is silent, state law fills the gap. The Open Meetings Act (Sections 25-41-1, et seq.) governs.
3. Section 25-41-11 sets the floor for what must be in board minutes: members present and absent; date, time, and place; an accurate recording of any final actions taken; a record of votes by individual member; and any other information the public body requests be included.
4. A motion that died for lack of a second is not a "final action." It does not have to be in the minutes under state law.
5. The board has discretion to include it anyway. The statute lets the public body include "any other information that the public body requests be included or reflected in the minutes."

The AG noted in a footnote that the original opinion request had two other questions which either asked about past actions or interpretation of the special charter. The AG cannot opine on past actions or special charters under Section 7-5-25, so those questions were dropped.

The AG also referred Nailor to the Mississippi Ethics Commission, which has enforcement authority over the Open Meetings Act under Section 25-41-15.

What this means for you

For municipal clerks, aldermen, and city attorneys

The opinion holds that under § 25-41-11 the board "is only required to include final board actions in its minutes," but "has the discretion to include a motion that was not voted on or carried or brought forth by another alderman." So an unseconded motion need not appear in the minutes, but the board may include it under the statute's clause allowing "any other information that the public body requests be included or reflected in the minutes." For a special-charter town like Port Gibson, the opinion is explicit that "[i]f the Town's special charter speaks to what is required to be included in the Town's minutes, the charter controls," and that the AG "cannot interpret special charters," so its analysis applies only where the charter is silent.

For the public

The opinion describes the statutory floor for minutes under § 25-41-11: members present and absent; date, time, and place; "an accurate recording of any final actions taken"; and "a record, by individual member, of any votes taken." It refers anyone with further questions to the Mississippi Ethics Commission, which "ha[s] enforcement authority with respect to the Open Meetings Act" under § 25-41-15.

Common questions

Does a motion need to be in the minutes if it died for lack of a second?
Not under state law. The Open Meetings Act requires final actions, not motions that never made it to a vote.

Can the board choose to include the motion anyway?
Yes. Section 25-41-11 lets the public body include "any other information that the public body requests be included or reflected in the minutes."

What is the minimum the minutes have to contain?
Members present and absent; date, time, and place of the meeting; accurate recording of any final actions taken; record by individual member of any votes taken.

What if our town has a special charter?
The special charter controls if it speaks to minutes. The AG does not interpret special charters by official opinion. State law fills the gap where the charter is silent.

Who enforces the Open Meetings Act?
The Mississippi Ethics Commission under Section 25-41-15.

Can a citizen request that a particular motion be added to the minutes after the fact?
The opinion does not address amending minutes after a meeting. It holds only that whether to include an unseconded motion is within the board's discretion under § 25-41-11, and refers further questions to the Mississippi Ethics Commission.

Background and statutory framework

Section 25-41-1, et seq. is Mississippi's Open Meetings Act. Boards of aldermen are subject to it.

Section 25-41-11 sets the minimum content for minutes:

The members present and absent; the date, time and place of the meeting; an accurate recording of any final actions taken at such meeting; and a record, by individual member, of any votes taken; and any other information that the public body requests be included or reflected in the minutes.

The clause "any other information that the public body requests" is the discretionary backstop. The board can include more, but state law does not require more.

Section 25-41-15 gives the Mississippi Ethics Commission enforcement authority over the Open Meetings Act.

Section 7-5-25 limits AG opinions to prospective questions of state law. The AG does not interpret special municipal charters or validate past actions, so two of the original questions in this opinion were dropped.

The special-charter rule (AG Op., Gaylor, Dec. 15, 2006; AG Op., Lowe, Nov. 3, 2000): where a special charter conflicts with general law, the charter controls (subject to express statutory exceptions). The AG cannot interpret the charter, so for charter questions the town must rely on its own attorney or judicial review.

Citations

• Miss. Code Ann. §§ 25-41-1, et seq. (Open Meetings Act)
• Miss. Code Ann. § 25-41-11 (required content of minutes)
• Miss. Code Ann. § 25-41-15 (Mississippi Ethics Commission enforcement of OMA)
• Miss. Code Ann. § 7-5-25 (scope of AG opinions; no interpretation of special charters or past actions)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/05/K.-Nailor-May-1-2025-The-Open-Meetings-Act.pdf

Original opinion text

May 1, 2025
Kimberly Walker Nailor, Esq.
Attorney, Town of Port Gibson
1125 Openwood Street
Vicksburg, Mississippi 39183
Re:

The Open Meetings Act

Dear Ms. Nailor:
The Office of the Attorney General has received your request for an official opinion.
Question Presented
Should a motion by an alderman be recorded in the minutes if it was not carried or brought forth
by another alderman?[1]
Brief Response
The Open Meetings Act requires that final actions of a board of aldermen be included in the official
minutes of the board. The board also has the discretion to include information in the minutes
beyond what the Open Meetings Act requires.
Applicable Law and Discussion
As an initial matter, we understand that Port Gibson ("Town") operates pursuant to a special
charter. If the Town's special charter speaks to what is required to be included in the Town's
minutes, the charter controls. See MS AG Op., Gaylor at 1 (Dec. 15, 2006) ("[W]here the
provisions of a special charter conflict with general law[,] . . . the specific provisions of a municipal
special charter will take precedence over the provisions of general municipal law.") (internal
citations omitted); MS AG Op., Lowe at 1 (Nov. 3, 2000) ("[P]rovisions of a private or special
charter that are contrary to general statutory provisions are viewed by this office as exceptions to
the statutory provisions except where the general statutes expressly provide otherwise.") (internal
citations omitted). Because this office cannot interpret special charters, this opinion is limited to
interpretation of state law. To the extent that the Town's charter is silent, we offer the following
for prospective purposes only.
Boards of aldermen are required to comply with the Open Meetings Act and thus must keep
minutes of all of their meetings. Miss. Code Ann. §§ 25-41-1, et seq. The minutes must show "the
members present and absent; the date, time and place of the meeting; an accurate recording of any
final actions taken at such meeting; and a record, by individual member, of any votes taken; and
any other information that the public body requests be included or reflected in the minutes." Miss.
Code Ann. § 25-41-11. Thus, while the Board is only required to include final board actions in its
minutes, it has the discretion to include a motion that was not voted on or carried or brought forth
by another alderman. For any further questions regarding your specific situation, you may also
wish to consult with the Mississippi Ethics Commission as they have enforcement authority with
respect to the Open Meetings Act. Miss. Code Ann. § 25-41-15.
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/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General

[1] Your opinion request included two additional questions. However, those questions either
required us to opine on past action or interpret the Town's special charter. Pursuant to Mississippi
Code Annotated Section 7-5-25, opinions of this office are limited to prospective questions of state
law. We cannot by official opinion interpret special charters nor can we validate or invalidate past
action. Thus, this opinion is limited to the question of what is required to be included in the minutes
of a public body under the Open Meetings Act. We understand from a telephone conversation with
you that you are asking this question for future board meetings.