Benvenutti, 020880 MSAGO, 19800208

• Case Date: February 08, 1980
• Court: South Carolina

Mr. Peter J. Benvenutti, No. 19800208 Mississippi Attorney General Opinions February 8, 1980          Mr. Peter J. Benvenutti          President City Council          City of Bay St. Louis, Mississippi          114 Felicity Street          Bay St. Louis, Mississippi 39520          Municipalities — Powers of Governing Authorities           Dear Mr. Benvenutti:          Attorney General Bill Allain has received your letter and has assigned it to me for research and reply.          Your letter states:

“Section 21-8-23 (5) states that whenever the city council is authorized by any provision of general law to appoint the members of any board, authority or commission, such power of appointment shall be deemed to vest in the Mayor with the confirmation of an affirmative vote of a majority of the council present and voting at any meeting. “Section 59-11-3 states that the appointment of the member from our municipality to the Hancock County Port and Harbor Commission shall be appointed by the Governor and this appointment shall be made from those recommended and nominated by the governing authorities. “The question is, do the members of the council have authority to nominate persons to the governor along with the Mayor for consideration to this appointment. “Or does the provision of Section 21-8-23 (5) limit this authority to only the Mayor to make the nomination. “Further does the provisions of Section 59-11-3 allow for more than one nomination to be made to the Governor for his selection to the appointment to the Port and Harbor Commission.”

         The sections of the Mississippi Code of 1972, Annotated, (the “Code”) you cite provide:

“§ 59-11-3. Appointment of members; term of office. Any county port and harbor commission as may be created pursuant to section 59-11-1 shall be appointed as follows: two members shall be appointed by the governor, one from each of the two municipalities of said county, and which appointments shall be made from those recommended and nominated by the governing authorities of said municipalities, and shall be qualified electors of the county; five members shall be appointed by the board of supervisors of such county, each supervisor to recommend the appointment of one member thereof. The members of the county port and harbor commission shall serve for terms concurrent with that of the governor and the board of supervisors making such appointment.” “§ 21-8-23. Municipal departments. ... (5) Whenever the city council is

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