Can Mississippi aldermen change who signs town checks, and do nepotism rules cover a contractor living with an alderman?

Plain-English summary

A Town of Sunflower alderwoman asked four questions about town checks, a credit card, and a paid repair contractor who lived with an alderman. The Attorney General gave firm answers on check signatures and the cited nepotism law, but referred the credit card and other ethics questions to the agencies responsible for them.

Under Miss. Code Ann. § 21-39-13(1)(a), the town clerk draws and attests checks, and either the mayor or a majority of the aldermen must sign them. The board may vote to require additional signatures. It cannot vote to replace the statutory signers, and a contrary ordinance would be void to the extent of the conflict. The same rule applies to a check payable to the clerk personally.

On the credit card question, the opinion notes that Section 21-39-27(1) allows municipal credit cards for official travel, but does not say whether a card can bear an employee's name instead of the municipality's. Because card use is governed by regulations of the Office of Purchasing, Travel and Fleet Management and the AG cannot opine on regulations under Section 7-5-25, the opinion recommends contacting that office. It gives no answer on the cardholder name.

The cited nepotism statute, Miss. Code Ann. § 25-1-53, covers specified publicly paid positions and relationships by blood or marriage within the third degree. The opinion says an unrelated person living with an alderman is outside that relationship rule; it also says a repair contractor is outside the statute's listed positions. It refers any other conflict of interest or ethical concern to the Mississippi Ethics Commission.

What this means for you

Mayors, aldermen, and town clerks

The mayor or a majority of aldermen must sign a municipal check, including one payable to the clerk. The clerk's duty to draw and attest the check does not change that signatory rule. The board may add signatures, but cannot substitute a different signer for those required by statute.

Municipal employees using town credit cards

The opinion identifies the statute permitting cards for official travel but leaves the employee-name question unanswered. It directs that question to the Office of Purchasing, Travel and Fleet Management because its regulations govern card use.

Aldermen and repair contractors

The described live-in, unrelated contractor is outside the particular nepotism statute analyzed. The opinion does not decide whether the arrangement violates another ethics or conflict rule; it refers those concerns to the Ethics Commission.

Common questions

Q: Can aldermen vote to let only the town clerk sign municipal checks? A: No. The AG says state law requires the mayor or a majority of aldermen to sign. The board can require more signatures, but cannot replace the required signers by vote or ordinance.

Q: Who signs a check payable to the town clerk?
A: The mayor or a majority of aldermen. The clerk's separate duty to draw and attest the check does not alter that requirement.

Q: Can a town issue its credit card in an employee's name? A: The opinion does not resolve that question. It recommends contacting the Office of Purchasing, Travel and Fleet Management about the governing regulations.

Q: Does the cited nepotism law bar paying an alderman's unrelated housemate for repair work? A: The AG says that person falls outside Miss. Code Ann. § 25-1-53 because the relationship is not by blood or marriage and a repair contractor is not one of the positions listed. Other ethics issues were referred to the Ethics Commission.

Background and statutory framework

Miss. Code Ann. § 21-39-13(1)(a) assigns three roles in municipal payments: the clerk draws checks, the mayor or a majority of aldermen signs them, and the clerk attests them. The opinion relies on Ryals for the consequence of a local ordinance that conflicts with state law.

Section 21-39-27(1) authorizes municipal credit cards for official travel, while Section 31-7-9(1)(b) places their use under purchasing office regulations. Miss. Code Ann. § 25-1-53 limits its nepotism prohibition to blood or marriage within the third degree and to the specified public positions. The AG says Section 7-5-25 confines its opinions to prospective questions of state law, not regulations, past acts, or fact finding.

Citations and references

• Miss. Code Ann. § 21-39-13(1)(a) (municipal checks)
• Sections 21-39-27(1) and 31-7-9(1)(b) (credit cards and regulations)
• Miss. Code Ann. § 25-1-53 (nepotism)
• Miss. Code Ann. § 7-5-25 (AG opinion scope)
• Ryals v. Board of Sup’rs of Pike Cnty., 48 So. 3d 444, 448 (Miss. 2010)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/10/B.-Brown-October-15-2026-Authority-to-Designate-Municipal-Check-Signatories-Issuance-of-Municipal-Credit-Cards-Nepotism.pdf

Original opinion text

October 15, 2026
The Honorable Betty Jean Brown
Alderwoman At-Large, Vice Mayor/Mayor Pro Tempore
Town of Sunflower
Post Office Box 242
Sunflower, Mississippi 38778
Re:

Authority to Designate Municipal Check Signatories; Issuance of Municipal Credit Cards; Nepotism

Dear Alderwoman Brown:
The Office of the Attorney General has received your request for an official opinion. Questions Presented

1. In a municipality where the town clerk is an appointed official, may the board of aldermen
   change who is authorized to sign municipal checks and warrants by majority vote taken through motion, second, and vote?
2. Who is authorized to sign a check made payable to the town clerk personally?
3. May a municipality’s credit card be issued in the name of an individual employee, such as the
   town clerk, rather than in the name of the municipality?
4. Does a relationship between an alderman and an individual who lives with but is not related to
   the alderman by blood or marriage —and who is paid by the municipality to perform repair work— constitute nepotism, a conflict of interest, or another violation of Mississippi law? Brief Response
5. Mississippi Code Annotated Section 21-39-13 mandates that municipal warrants and checks be
   signed by the mayor or a majority of the board of aldermen. While the board may vote to require additional signatures, the board may not change who is authorized to sign municipal checks. An ordinance that contradicts state law is void to the extent of the contradiction. 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

The Honorable Betty Jean Brown
October 15, 2026
Page 2

2. As stated in response to question one, either the mayor or a majority of the board of aldermen
   may sign a check payable to the town clerk.
3. We recommend contacting the Office of Purchasing, Travel and Fleet Management regarding
   this question as Section 31-7-9(1)(b) provides that the “[u]se of [credit] cards shall be in strict compliance with the regulations promulgated by” the Office of Purchasing, Travel and Fleet Management.
4. The nepotism statute, Section 25-1-53, only applies to a relationship by blood or marriage.
   Accordingly, a relationship between a member of the board of aldermen and an individual who lives with but is not related to the alderman by blood or marriage falls outside of its scope. We refer you to the Mississippi Ethics Commission for all other conflict of interest or ethical concerns. Applicable Law and Discussion We first note that this opinion addresses only prospective questions of Mississippi law; we may not opine upon past actions or determinations of fact. See Miss. Code Ann. § 7-5-25 (authorizing the Attorney General to opine upon prospective matters of state law only). According to your request, the town of Sunflower operates under a mayor-board of aldermen form of government. In a mayor-board of aldermen form of government, Section 21-39-13(1)(a) mandates that “[t]he clerk of the municipality shall draw all warrants or checks for claims and accounts allowed and approved by the governing authorities” and that such instruments “shall be signed by the mayor or a majority of the members of the board of aldermen . . . and attested by the clerk.” (emphasis added). The Mississippi Supreme Court has stated that to the extent a municipality adopts an ordinance that contradicts state law, it will be void. Ryals v. Board of Sup’rs of Pike Cnty., 48 So. 3d 444, 448 (Miss. 2010). Accordingly, a board of aldermen may not adopt an ordinance to change who is authorized to sign municipal checks and warrants. At a minimum, checks must be signed by the mayor or a majority of the members of the board of aldermen. Miss. Code Ann. § 21-39-13(1)(a). The board of aldermen may, however, vote to require additional signatures beyond this statutory requirement. As to a check payable to the town clerk personally, the mayor or a majority of the board of aldermen must sign a check payable to the clerk. Miss. Code Ann. § 21-39-13(1)(a). Section 2139-13(1)(a)’s requirement that the clerk draw and attest municipal checks does not change the signatory mandate. Section 21-39-27(1) provides in part, “[t]he governing authority of any municipality may acquire one or more credit cards which may be used by members of the governing authority and municipal employees to pay expenses incurred by them when traveling in or out of the state in the performance of their official duties.” Section 21-39-27 does not state whether a card must be issued in the municipality’s name; however, Section 31-7-9(1)(b) provides: 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

The Honorable Betty Jean Brown
October 15, 2026
Page 3
The Office of Purchasing, Travel and Fleet Management may adopt purchasing regulations governing the use of credit cards, procurement cards and purchasing club membership cards to be used by state agencies, governing authorities of counties and municipalities, school districts and the Chickasawhay Natural Gas District. Use of the cards shall be in strict compliance with the regulations promulgated by the office. Pursuant to Section 7-5-25, this office is not authorized to opine upon regulations. Accordingly, we recommend contacting the Office of Purchasing, Travel and Fleet Management regarding this question. Finally, Mississippi’s nepotism statute makes it unlawful for a municipal official to employ, as an officer, clerk, stenographer, deputy, or assistant paid from public funds, a person related to the official “by blood or marriage within the third degree.” Miss. Code Ann. § 25-1-53. Because this provision requires a relationship by blood or marriage, an individual living with an official but not related to the official by blood or marriage falls outside of its scope. Furthermore, a contractor performing repair work is not an officer, clerk, stenographer, deputy, or assistant. We refer you to the Mississippi Ethics Commission for all other conflict of interest or ethical concerns. 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

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201
POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205
TELEPHONE (601) 359-3680