AGO 000010204.

• Court: Mississippi

Mississippi Attorney General Opinions 1981. AGO 000010204. June 31, 1981DOCN 000010204 DOCK 1981-481 AUTH S. E. Birdsong, Jr. DATE 19810631 RQNM Ms. June Hutcheson SUBJ Municipal Officers SBCD 149 TEXT Ms. June Hutcheson, City Clerk of Booneville Booneville, Mississippi 38829Re: Municipal Officers Municipal FundsDear Ms. Hutcheson: Attorney General Bill Allain has received your letter and has assigned it to me for research and reply. You write as City Clerk of Booneville and state: "We are a code charter city and have an elected police chief. In the recent election we elected a new chief. The new chief wants to promote and demote the policemen according to his likes and dislikes. We feel that this authority belongs to the Board of Aldermen. We have adopted a personnel policy that says the Board does the hiring, firing, promoting, demoting, etc. Does the Board have the above authority? "If the Board does go along with the new Chief's recommendation on the status changes, can the Board cut the salaries to fit the positions. If we did cut salaries, where would we stand legally if those employees decided to fight those cuts. "Another matter has come to our attention and we would appreciate your opinion on it. Does the City have the right to enforce car tags: no tags, expired tags, etc. We have heard there was a case in Starkville that ruled that cities and counties could not give tickets for no tags or expired ones. Will you please comment on this also." In response to your question concerning employment of municipal policemen, reference is made to the following provisions of sections of the Mississippi Code of 1972, Annotated: " 21-3-5. Appointive officers. From and after the expiration of the terms of office of present municipal officers, the mayor and board of aldermen of all municipalities operating under this chapter shall have the power and authority to appoint a street commissioner, and such other officers and employees as may be necessary, and to prescribe the duties and fix the compensation of all such officers and employees. All officers and employees so appointed shall hold office at the pleasure of the governing authorities at any time, either with or without cause. " 21-21-3. Police and night marshals The governing authorities of municipalities shall have the power and authority to employ, regulate and...