McIntyre, 051777 MSAGO, 1977-0025

• Case Date: May 17, 1977
• Court: Mississippi

Honorable W.E. McIntyre, Jr. No. 1977-0025 Mississippi Attorney General Opinions May 17, 1977          Honorable W.E. McIntyre, Jr.          City Attorney          Post Office Box 53          Brandon, Mississippi 39042          Municipalities - Alderman Voting           Dear Mr. McIntyre:          Attorney General Summer is in receipt of your letter of May 5 1977, and has assigned it to me for research and reply.

Your letter stated: “As City attorney for the City of Brandon, Mississippi, I have been requested by the Mayor and Board of Aldermen to obtain your opinion upon a matter which arose at a recent meeting of the Mayor and Board of Aldermen. At this meeting the Mayor and all five of the members of the Board of Aldermen were present. A motion was made by one of the members of the Board to reduce the salary of the Mayor by a specified sum and this motion duly received a second from another member of the Board of Aldermen. The issue after discussion was called up for a vote whereupon two members of the Board of Aldermen, being the members who had made and seconded the motion, voted aye and the remaining three members of the Board of Aldermen abstained from voting on the issue. The question has now been posed to me as to whether or not this constituted a valid action by the city governing body to reduce the Mayor's salary.” This matter has been summarized as follows: ....The casting of blank ballots, or failure of some of the council members present to vote, has often created a problem in regard to the determination of the existence of a majority necessary for municipal action or legislation. It has been said in some cases that such ballots, or failure to vote, should be recorded in the affirmative on the theory that refusal to vote or the casting of a blank ballot indicates acquiescence in the action of those who vote. In other words, if the members present desire to defeat a measure, they must vote against it, for inaction will not accomplish their purpose; their silence is acquiescence rather than opposition. Under this view, a blank ballot is not to be considered in estimating the total number of votes cast for a measure or an office, and the grounds assigned for the refusal to vote are not material. Accordingly, an ordinance has

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