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:
- 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.
- Where the charter is silent, state law fills the gap. The Open Meetings Act (Sections 25-41-1, et seq.) governs.
- 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.
- 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.
- 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 drafting minutes
You do not have to record an alderman's motion that nobody seconded. State law requires only final actions and votes by individual member. But you can record it if the board wants to memorialize what was raised. Decide as a board what to do; do not let practice drift unwritten.
If your municipality is a special-charter town, check the charter first. If the charter says more about minutes than state law, the charter wins. If the charter is silent, the Open Meetings Act floor applies.
For aldermen who want their motions noted
If you want a motion preserved in the minutes even when it does not get a second, ask the board to include it. The Open Meetings Act gives the public body that discretion. Make the request on the record so the clerk can act on it.
For city attorneys
Build a written minutes policy that addresses unseconded motions, motions that fail, and motions that pass. The Open Meetings Act is a floor, not a ceiling. A clear policy reduces disputes about what should appear and prevents post-meeting fights over who wanted what recorded.
For mayors
The minutes are the official record of what the board did, not what individual members tried to do. State law focuses on final actions. If you want a fuller picture (motions raised, points of order, public comments), the board can adopt a policy. Document the policy.
For public records requesters
If you are looking for a particular motion that you watched at a meeting, the minutes will contain it only if (a) it was a final action, (b) someone voted on it, or (c) the board chose to include it. State law does not require dead-on-arrival motions to be recorded.
For the Mississippi Ethics Commission
Open Meetings Act enforcement runs through your office. This opinion is a clean statement of the minutes floor under Section 25-41-11.
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 minutes are the board's record. Once approved, amendments require board action. A citizen can ask, but the board controls the record.
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.