Can a Mississippi code-charter mayor veto a procedural change approved by the board of aldermen?

Plain-English summary

Calhoun City's mayor asked whether he could veto a procedural change approved by the board of aldermen. Attorney General Lynn Fitch answered yes for a code-charter municipality.

Section 21-3-15(2)(b) required ordinances adopted by the board to be submitted to the mayor for approval or veto. Miss. Code Ann. § 21-3-15(3) defined "ordinance" for that section to include ordinances, resolutions, and orders. Because any official board act took one of those forms, a procedural change was within the veto power.

The board could override a veto by a two-thirds vote of its members. The opinion addressed the rule prospectively and did not validate or invalidate any past action.

The requested procedure involved aldermen directing questions to department heads outside the chain of command. A footnote highlighted the mayor's statutory superintending control and the rule that aldermen could not give orders to municipal employees outside their personal staff.

What this means for you

Code-charter mayors

The opinion treats an official procedural change as an ordinance, resolution, or order subject to mayoral approval or veto.

Boards of aldermen

The board can override the mayor with a two-thirds vote. Its members remain subject to the statutory limits on directing municipal employees.

Municipal department heads

The opinion preserves the mayor's supervisory authority and distinguishes board legislation from alderman involvement in daily departmental operations.

Common questions

Q: Does the veto power cover only documents titled "ordinance"?
A: No. Section 21-3-15(3) includes resolutions and orders.

Q: Can the board override the veto?
A: Yes, by a two-thirds vote of its members.

Q: Did the opinion decide whether a prior procedural vote was valid? A: No. Section 7-5-25 limited the office to prospective state-law questions.

Background and statutory framework

Section 21-3-15(2)(b) governed mayoral review of board action in a code-charter municipality. Miss. Code Ann. § 21-3-15(3) extended the term "ordinance" to resolutions and orders. Section 7-5-25 limited the Attorney General's opinion authority.

Citations and references

Statutes:

• Miss. Code Ann. § 21-3-15(3)
• Section 21-3-15(2)(b)
• Section 7-5-25

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/09/M.-Coleman-September-11-2026-Mayoral-Veto-Power-Over-Procedural-Actions.pdf

Original opinion text

September 11, 2026
Honorable Marshall W. Coleman
Mayor, Calhoun City
Post Office Box E
Calhoun City, Mississippi 38916
Re:

Mayoral Veto Power Over Procedural Actions

Dear Mayor Coleman:
The Office of the Attorney General has received your request for an official opinion. Question Presented May a mayor veto a procedural change voted on by the board of aldermen? Brief Response Yes. Mississippi Code Annotated Section 21-3-15(2)(b) provides that ordinances adopted by the board of alderman shall be submitted to the mayor for approval or veto. Subsection (3) clarifies that “the term ‘ordinance’ as used in this section shall be deemed to include ordinances, resolutions, and orders.” Miss. Code Ann. § 21-3-15(3). Applicable Law and Discussion We begin by noting that Section 7-5-25 allows this office to opine upon prospective questions of state law only. We may not validate or invalidate any past action. Calhoun City is a code charter municipality. Section 21-3-15 governs the respective powers of the mayor and the board of alderman in municipalities operating under a code charter. Section 21-315(2)(b) provides that ordinances adopted by the board of alderman shall be submitted to the mayor for approval or veto. Subsection (3) clarifies that “the term ‘ordinance’ as used in this section shall be deemed to include ordinances, resolutions, and orders.” Miss. Code Ann. § 21-3-15(3). This office has previously opined that “[a]ny official act of a board of aldermen must necessarily take the form of an ordinance, resolution or order and is, therefore, subject to the mayor’s veto.” 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

Honorable Marshall W. Coleman
September 11, 2026
Page 2
MS AG Op., Alves at *1 (Dec. 7, 1994). It thus follows that a procedural change voted upon by the board of alderman is an official act within the mayor’s veto authority provided by Section 213-15(2)(b).1 If the mayor exercises his or her veto authority, the board may override the mayor’s veto by a two-thirds vote of its members. Id. 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/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General

1

In your request, you note that the subject procedural change relates to allowing board members to direct questions to municipal department heads directly rather than through a chain of command. For informational purposes, we highlight Section 21-3-15(1)-(2), which provides in part, “the mayor shall have the superintending control of all the officers and affairs of the municipality,” and “[n]o member of the board of aldermen shall give orders to any employee or subordinate of a municipality other than the alderman’s personal staff.” See also MS AG Op., Gerhart at
*2 (Mar. 26, 2010) (providing that “[t]he board of aldermen may not . . . interfere with the supervisory authority granted to the mayor” and “[t]o permit the board of aldermen to become involved in the daily operation of a municipal department would result in the legislative branch of the municipality exercising an executive function”). 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680