MS 2025-07-R-Freeman-July-11-2025-Alderman-Interference-in-Municipal-Operations July 11, 2025

Can a Mississippi alderman tell city employees not to follow the mayor's instructions or sign up contractors without board approval?

Short answer: No. In a code charter Mississippi municipality, executive power is vested in the mayor. Section 21-3-15(2)(a) explicitly says no member of the board of aldermen shall give orders to any employee or subordinate other than personal staff. The mayor's superintending control covers municipal departments, employees, and affairs.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original AG opinion (PDF)

Plain-English summary

Mayor Reginald Freeman of Itta Bena alleged that an alderman was telling city employees to ignore his instructions and was contacting contractors directly to do work without the mayor's knowledge or board approval. He asked whether an alderman has any right to interfere with the mayor's day-to-day operations.

The AG was direct: no. In a code charter municipality (mayor-and-board-of-aldermen, the form of government for the City of Itta Bena under Title 21, Chapter 3), Section 21-3-15(1) puts executive power in the mayor:

the executive power of the municipality shall be exercised by the mayor, and the mayor shall have the superintending control of all the officers and affairs of the municipality, and shall take care that the laws and ordinances are executed.

And Section 21-3-15(2)(a) explicitly forbids aldermen from giving orders to employees: "No member of the board of aldermen shall give orders to any employee or subordinate of a municipality other than the alderman's personal staff."

Prior AG opinions (Holcomb 2022, Pepper 2014, Honnoll 2010, Goddard 2006) have consistently treated "superintending control" as covering general oversight of municipal departments and employees, the authority to enact policies on supervision, and the authority to give duty-specific direction. That is the mayor's job, not the aldermen's.

For contracts, the AG was more cautious. Aldermen exercise legislative power "by a vote within a legally called meeting" (Section 21-3-15(2)(a)). A single alderman acting alone is not the board. But the AG noted that opinions are limited to legal questions affecting the requester's office under Section 7-5-25, so it pointed Mayor Freeman to the legislative authority framework and stopped there.

The AG also flagged that opinions are prospective only. The alleged past conduct was not something the AG could adjudicate; the opinion was guidance for future conduct.

What this means for you

For mayors in Mississippi code charter municipalities

You hold executive power. You direct employees. You manage day-to-day operations. Aldermen who try to tell employees what to do (other than their own personal staff) are operating outside their statutory authority. Document the interference, give the alderman a copy of this opinion and Section 21-3-15(2)(a), and bring the issue before the board if the conduct continues.

For contractor-engagement issues, the legislative power to bind the city to contracts sits with the board acting as a body in a legally called meeting. A single alderman cannot independently engage contractors. If you discover an unauthorized engagement, refuse the work or refuse payment, get counsel, and bring the issue to the board.

For aldermen

Your authority is legislative, not executive. You cannot direct city employees outside your own personal staff. You cannot independently engage contractors. Your power is exercised through votes at properly called board meetings. If you have concerns about how the mayor is running departments, raise them at the board level, not by issuing orders to employees.

For municipal employees

If you receive conflicting instructions from the mayor and an alderman, follow the mayor's. State law gives the mayor superintending control. Aldermen are not in your chain of command unless they are your alderman supervising their own personal staff. Document conflicting instructions and report them to the city clerk or the mayor.

For city clerks and HR

Build a chain-of-command policy that aligns with Section 21-3-15. Train employees on whom they report to. When an alderman attempts to give direction outside their personal staff, employees should know to redirect through the mayor's office.

For municipal attorneys

This opinion is a clean citation when alderman-mayor disputes break out. The framework is statutory and consistent across decades of AG opinions. If interference rises to the level of harming municipal operations, civil remedies (declaratory judgment, mandamus) and complaint to the Mississippi Ethics Commission may be available.

Common questions

Can an alderman direct any city employee?
Only the alderman's own personal staff. Section 21-3-15(2)(a) explicitly forbids giving orders to other employees or subordinates of the municipality.

Can an alderman engage a contractor on behalf of the city?
No. The legislative power of the municipality is exercised by the board of aldermen as a body in a legally called meeting (Section 21-3-15(2)(a)). A single alderman acting alone cannot bind the city.

Does this rule apply only to code charter municipalities?
The opinion is specifically framed for code charter municipalities (Title 21, Chapter 3). Special charter or commission-form municipalities have different statutory frameworks. Check your specific charter.

What about board-set policies that constrain the mayor?
The board's legislative authority (over budgets, ordinances, policies passed by vote) is real and binds the mayor. But "legislative" is different from "executive." The board cannot replace the mayor's day-to-day supervisory role; it can only set policy boundaries through proper legislation.

Can the mayor unilaterally enter contracts?
The legislative authority to bind the city through contract sits with the board, not the mayor. The mayor administers and executes contracts; the board approves them by vote. Check your local charter and Section 21-3-15 for specifics.

What if employees keep following the alderman's instructions?
The mayor has supervisory authority and can discipline employees for insubordination. Document the conflict, take corrective action through the proper municipal HR process, and if needed, bring the broader issue to the board.

Background and statutory framework

Section 21-3-15(1) sets the mayor's executive role:

The executive power of the municipality shall be exercised by the mayor, and the mayor shall have the superintending control of all the officers and affairs of the municipality, and shall take care that the laws and ordinances are executed.

Section 21-3-15(2)(a) sets the board's legislative role and the order-giving prohibition:

The legislative power of the municipality shall be exercised by the board of aldermen by a vote within a legally called meeting. . . . No member of the board of alderman shall give orders to any employee or subordinate of a municipality other than the alderman's personal staff.

The AG has consistently read "superintending control" broadly:

Holcomb (July 11, 2022) and Pepper (Jan. 17, 2014): "general oversight and supervision of municipal departments and employees [and] all the officers, employees and affairs of the municipality."
Honnoll (Aug. 13, 2010), citing Goddard (June 16, 2006): the mayor can "enact policies related to the overall supervision of employees and department heads" and "give duty specific direction to both."

Section 7-5-25 limits AG opinions to prospective questions of state law and to questions of law relating to the requesting official's own office. The AG cannot validate or invalidate past conduct.

Citations

Miss. Code Ann. § 21-3-15(1) (mayor's executive power and superintending control)
Miss. Code Ann. § 21-3-15(2)(a) (board's legislative power; no aldermen orders to employees)
Miss. Code Ann. § 7-5-25 (scope of AG opinions; prospective only; question of law to requesting officer's office)

Source

Original opinion text

July 11, 2025

The Honorable Reginald K. Freeman
Mayor, City of Itta Bena
Post Office Box 563
Itta Bena, Mississippi 38941
Re:

Alderman Interference in Municipal Operations

Dear Mayor Freeman:
The Office of the Attorney General has received your request for an official opinion.
Background
As Mayor of the City of Itta Bena, you allege that a certain alderman is interfering with city
operations. Specifically, you cite instances in which the alderman has instructed city employees
not to obey mayoral instructions as well as instances in which the alderman has contacted
contractors to do work for the city without your knowledge or the approval of the Board of
Aldermen.
Question Presented
Does an alderman have the right to interfere in the mayor's day-to-day operations of a city?
Brief Response
Consistent with state law and prior opinions of this office, in code charter municipalities, the
executive power of the municipality and the supervision of municipal officers and affairs are vested
in the mayor.
Applicable Law and Discussion
As an initial matter, opinions of this office are limited to prospective questions of state law only.
An Attorney General's opinion can neither validate nor invalidate past action. MS AG Op., Magee
at 1 (Aug. 29, 2008). Your request refers to several prior alleged instances of conduct by an
alderman. To the extent you ask us to opine on such conduct, we provide guidance for prospective
application only. Further, this opinion is issued with the understanding that the City of Itta Bena
operates under the mayor-board of aldermen, or "code charter," form of government as outlined
in Title 21, Chapter 3 of the Mississippi Code.
As to alderman interference with municipal employees, Mississippi Code Annotated Section 21-3-15(1) provides that in a code-charter municipality, "the executive power of the municipality shall
be exercised by the mayor, and the mayor shall have the superintending control of all the officers
and affairs of the municipality, and shall take care that the laws and ordinances are executed."
(emphasis added). That same statute specifically provides that "[n]o member of the board of
alderman shall give orders to any employee or subordinate of a municipality other than the
alderman's personal staff." Miss. Code Ann. § 21-3-15(2)(a).
This office has previously and consistently opined that, in a code charter municipality, the mayor's
superintending control means the "general oversight and supervision of municipal departments
and employees [and] all the officers, employees and affairs of the municipality." MS AG Op.,
Holcomb at 1 (July 11, 2022) (quoting MS AG Op., Pepper at 1 (Jan. 17, 2014)). Superintending
control entitles the mayor to "enact policies related to the overall supervision of employees and
department heads," and "give duty specific direction to both." MS AG Op., Honnoll at 1 (Aug.
13, 2010) (citing MS AG Op., Goddard (June 16, 2006)).
As to alderman interference with municipal contracts, the Attorney General is authorized to issue
opinions to public officials and bodies only "upon any question of law relating to their respective
offices." Miss. Code Ann. § 7-5-25 (emphasis added). For your general guidance, however, we
refer you to Section 21-3-15(2)(a) which states that "[t]he legislative power of the municipality
shall be exercised by the board of aldermen by a vote within a legally called meeting." (emphasis
added).
In conclusion, in a code charter municipality, the mayor is vested with the executive power of the
municipality, including the supervision and control of municipal employees.
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/ Caleb A. Pracht
Caleb A. Pracht
Special Assistant Attorney General