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

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 and aldermen in Mississippi code charter municipalities

The opinion holds that in a code charter municipality, "the executive power of the municipality and the supervision of municipal officers and affairs are vested in the mayor." It reads § 21-3-15(1) to give the mayor "superintending control of all the officers and affairs of the municipality," and quotes § 21-3-15(2)(a): "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." Through the Holcomb, Pepper, Honnoll, and Goddard opinions, it describes that control as "general oversight and supervision of municipal departments and employees," including enacting supervisory policies and giving "duty specific direction."

For municipal employees

The opinion places executive supervision of municipal employees with the mayor and bars aldermen from giving orders to employees other than the alderman's own personal staff. It does not address how an employee should handle conflicting instructions beyond that allocation of authority.

On contracts

On the contractor-engagement question, the opinion was more guarded. It noted that under § 7-5-25 it may opine only on questions of law relating to the requesting official's office, and "for your general guidance" pointed to § 21-3-15(2)(a), under which "the legislative power of the municipality shall be exercised by the board of aldermen by a vote within a legally called meeting." It did not squarely decide whether a single alderman may engage a contractor.

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?
The opinion did not decide this squarely. It pointed, "for your general guidance," to § 21-3-15(2)(a), under which the municipality's legislative power "shall be exercised by the board of aldermen by a vote within a legally called meeting," and noted it could opine only on questions relating to the requesting official's office.

Does this rule apply only to code charter municipalities?
The opinion is expressly "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." It does not address other forms of municipal government.

Why didn't the AG address the alderman's past conduct?
The opinion states that opinions "are limited to prospective questions of state law only" and that an AG opinion "can neither validate nor invalidate past action" (citing the Magee opinion). It treated the mayor's account of past incidents as background and gave guidance only for prospective application.

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

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/07/R.-Freeman-July-11-2025-Alderman-Interference-in-Municipal-Operations.pdf

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