Can an individual alderman in a Mississippi code charter city direct city employees or run a department's day-to-day operations?

Plain-English summary

The Mayor of Senatobia asked the Mississippi Attorney General what he could do about an alderman who kept interfering with the city's day-to-day operations. The AG's office explained that Senatobia, as a code charter municipality, is governed by Mississippi Code Annotated Sections 21-3-1 et seq., which set out the respective duties of the mayor and aldermen, but that whether the alderman's specific conduct actually amounts to directing daily operations is a factual determination for the city's governing authorities to make themselves, subject to review by a court if it comes to that.

The opinion points the mayor to a string of prior AG opinions that describe the general rule: an individual alderman has no authority to direct the daily activities of municipal employees or to get involved in running a department, and doing so can violate the separation-of-powers doctrine, since day-to-day oversight of departments, employees, and municipal affairs falls under the mayor's "superintending control." But the opinion is careful to note there is nothing in the code-charter statutes letting the mayor personally discipline an alderman for overstepping; the governing body as a whole, not the mayor alone, is the one that has to make that call.

What this means for you

Mayors of code charter municipalities

The opinion holds that whether a specific alderman's actions amount to unlawfully directing day-to-day municipal operations is a factual determination for the governing authorities to make, subject to court review, not a determination the mayor can make and act on unilaterally. The opinion also holds there is nothing in Sections 21-3-1 et seq. giving the mayor authority to discipline an alderman.

Aldermen in code charter cities

The opinion cites prior AG opinions holding that an individual alderman has no authority to direct the daily activities of municipal employees or become involved in directing a department or department head, and that making departmental administrative decisions as an individual alderman may violate the separation-of-powers doctrine.

City attorneys and department heads

The opinion describes the mayor's "superintending control" as covering the general oversight and supervision of municipal departments, employees, and the officers, employees, and affairs of the municipality as a whole, distinguishing that role from any individual alderman's authority.

Common questions

Q: Can one alderman tell a city department head how to run their department?
A: Based on the AG opinions cited here, no. An individual alderman has no authority to direct the daily activities of municipal employees or become involved in directing a department or department head.

Q: Can the mayor discipline an alderman who oversteps their role?
A: The opinion notes there is nothing in the code-charter statutes governing the mayor and aldermen that allows the mayor to discipline an alderman.

Q: Who decides whether an alderman's conduct crosses the line into directing daily operations?
A: That is a factual determination to be made by the governing authorities (the mayor and board of aldermen as a body), subject to review by a court of competent jurisdiction if the matter is contested.

Q: What does the mayor's "superintending control" actually cover?
A: According to a prior AG opinion quoted here, it means the general oversight and supervision of municipal departments and employees, and all the officers, employees, and affairs of the municipality.

Background and statutory framework

Senatobia operates as a code charter municipality under Mississippi Code Annotated Sections 21-3-1 et seq., which set out the duties of the mayor and board of aldermen. Prior AG opinions have consistently held that an individual alderman has no authority over the daily activities of municipal employees or departments, distinguishing that from the mayor's broader superintending control over municipal officers, employees, and affairs, and treating attempts by an individual alderman to make departmental administrative decisions as a potential separation-of-powers problem.

Citations and references

Statutes:
- Miss. Code Ann. §§ 21-3-1 et seq., duties of the mayor and aldermen in a code charter municipality

Prior AG opinions referenced: Mims (Aug. 15, 2014); Miller (Mar. 5, 2010); Via (Dec. 10, 2004); Freeman (July 11, 2025)

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/06/G.-Graves-June-8-2026-Alderman-Interference-in-Day-to-Day-Municipal-Operations.pdf

Original opinion text

June 8, 2026
The Honorable Greg Graves
Mayor, City of Senatobia
133 N. Front Street
Senatobia, MS 38668
Re:

Alderman Interference in Day-to-Day Municipal Operations

Dear Mayor Graves:
The Office of the Attorney General has received your request for an official opinion.
You reference specific instances of an alderman interfering with day-to-day operations of the
municipality and ask what steps may be taken to ensure the alderman does not overstep his duties.
As an initial matter, we note that Senatobia is a code charter municipality and thus controlled by
Mississippi Code Annotated Sections 21-3-1 et seq., which, in part, set forth the duties of the
mayor and aldermen. Whether the specific actions of the alderman in your request amount to
directing the day-to-day operations of the municipality is a determination of fact "to be made by
the governing authorities, subject to review by a court of competent jurisdiction." MS AG Op.,
Mims at 2 (Aug. 15, 2014). Additionally, there is nothing in the above-referenced statutes
allowing for mayoral discipline of aldermen.
For a discussion of the respective duties of the mayor and aldermen, we refer you to the following
opinions: MS AG Op., Miller at 1-2 (Mar. 5, 2010) ("[A]n individual alderman has no authority
to direct the daily activities of municipal employees or to become involved in the direction of a
department or department head."); MS AG Op., Via at 1 (Dec. 10, 2004) (providing that an
alderman is prohibited from making departmental administrative decisions as these actions "may
constitute a violation of the separation of powers doctrine"); MS AG Op., Freeman at 1 (July 11,
2025) ("[T]he 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.") (internal quotations and citation omitted).
We also suggest you consult with the city attorney on these matters.

Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Matthew Ross
Matthew Ross
Special Assistant Attorney General