How can a Mississippi city pay a municipal employee more for taking on duties beyond her regular job?

Plain-English summary

The City of Guntown employs a W-2 worker who recently took on responsibilities beyond her regular duties, and the city wanted to pay her more for the extra work. The city's attorney asked the Mississippi Attorney General for the proper way to do that.

The answer: the city must renegotiate the terms of her employment so that the additional pay applies prospectively, that is, going forward for the added duties. The opinion drew a line between two situations. Awarding extra compensation to a public employee after the employment relationship has already been agreed to is prohibited, because a public body cannot pay employees beyond the contract it made. But an employee's responsibilities and duties can be adjusted prospectively, with the salary adjusted to match. So the fix is to formally change the employment terms, not to tack on a bonus for work already absorbed.

What this means for you

City officials and public employers

If a municipal employee starts carrying duties outside her original job description, do not simply increase her pay retroactively. Renegotiate her employment terms so the higher compensation is tied to the expanded role and takes effect prospectively.

Public employees

Extra pay for extra duties has to come through an updated agreement about your role, not an after-the-fact addition to compensation for work already performed under the old terms.

Common questions

Q: Can a city just give an employee a raise for taking on more work?
A: Not as an after-the-fact award. The opinion says the city must renegotiate the terms of employment so the added compensation applies prospectively.

Q: Why can't the city add pay for work already done?
A: A public body cannot compensate employees beyond the contract it made. Awarding extra pay after the employment relationship is set is treated as prohibited extra compensation.

Q: What is the correct mechanism?
A: Adjust the employee's duties and salary going forward by renegotiating her employment terms.

Background and statutory framework

The opinion relied on prior Attorney General opinions and on Article IV, Section 96 of the Mississippi Constitution, which restricts granting extra compensation to a public officer or employee after the service has been rendered. A prior opinion held that renegotiating the terms of employment is the proper mechanism for addressing added duties, and another held that while a governmental entity cannot compensate employees beyond the contract made, duties and salary may be adjusted prospectively.

Citations and references

Constitution:
- Article IV, Section 96, Mississippi Constitution, cited for the rule against extra compensation for services already rendered

Prior AG opinions referenced: McGriggs (Apr. 27, 2001); Gordon (Oct. 17, 2003)

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/07/A.-Stuart-July-6-2026-Compensation-for-a-Municipal-Employee-Assuming-Duties-Outside-the-Scope-of-her-Regular-Employment.pdf

Original opinion text

July 6, 2026

Andrew Stuart, Esq.
Attorney, City of Guntown
359 North Spring Street
Tupelo, Mississippi 38804

Re: Compensation for a Municipal Employee Assuming Duties Outside the Scope of her Regular Employment

Dear Mr. Stuart:

The Office of the Attorney General has received your request for an official opinion.

Background

The City of Guntown (the "City") employs an individual as a W-2 employee. Recently, the employee assumed additional responsibilities beyond her regular duties, and the City wishes to pay her additional compensation.

Questions Presented

What is the proper method for compensating a municipal employee for additional work outside of her regular duties?

Brief Response

The City must renegotiate the employee's terms of employment to compensate her prospectively for additional duties performed outside of her regular position.

Applicable Law and Discussion

In an instance such as this one, where the City desires to provide additional compensation for additional duties performed by the employee, "[t]he proper mechanism for addressing this would be to renegotiate the terms of the employment of that individual to take these duties into consideration." MS AG Op., McGriggs at *1 (Apr. 27, 2001).

While this office has opined that the award of additional compensation to a public employee after an employment relationship has been agreed to is prohibited because "a county does not have authority to compensate employees beyond the contract made[,]" an employee's responsibilities and duties "may be adjusted prospectively and the salary adjusted accordingly." MS AG Op., Gordon at *1 (Oct. 17, 2003) (citing Article IV, Section 96 of the Mississippi Constitution).

Therefore, it is the opinion of this office that to compensate this employee for the additional responsibilities, the City will need to renegotiate the terms of her employment.

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/ Misty Monroe

Misty Monroe
Assistant Attorney General