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2004 Mississippi Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagms0077 and id is 1 raw text is: Mississippi Attorney General Opinions Cynthia D. Davis Office of the Attorney General August 13, 2004 Office of the Attorney General State of Mississippi *1 Opinion No. 2004-0399 *1 August 13, 2004 Re: Clarification of July 1, 2004 Attorney General Opinions *1 Cynthia D. Davis *1 Attorney at Law *1 Post Office Box 940 *1 Gloster, Mississippi 39638 Dear Ms. Davis: *1 Attorney General Jim Hood has received your request for an official opinion as Attorney for the Town of Gloster and has assigned it to me for research and response. Your letter reads as follows: *1 lam enclosing a copy of correspondence from you to Alderman Jimmy D. Brown, Sr., together with a copy of the Municipal Minutes and a copy of the Mayor's veto. *1 On June 4, the Aldermen voted to replace Doris Brooks with the town crew to maintain the cemeteries to be effective in 30 days, that being July 8, 2004. Thereafter, the Mayor vetoed the action. *1 In light of your response to Alderman Brown, it is unclear to us what your opinion was. I note that you advise an Attorney General's Opinion could not validate or invalidate past actions, and as the Mayor has vetoed the action to replace Doris Brooks, please advise as to your opinion on the status of the cemetery maintenance agreement. *1 Again, we must state that Attorney General's Opinions operate prospectively only. However, as we stated in the prior opinion to which you refer, (MS AG Op., Brown {July 1,2004}), only affirmative actions of the Board are subject to the Mayor's veto. Therefore, if the action of the Board constituted a termination or amendment of a contract or agreement, it was an affirmative action subject to mayoral veto. If the action of the Board constituted a nonrenewal of a contract that had expired, it was not an affirmative action, and not subject to mayoral veto. We cannot interpret the intent of the Board, nor do we interpret municipal minutes by official opinion. MS AG Op., Gregory (October 18, 2002). Any such findings or interpretations must be made by the municipal governing authorities. *1 If our office may be of further assistance, please advise. Sincerely, *1 Jim Hood *1 Attorney General *1 By: Heather P. Wagner *1 Assistant Attorney General END OF DOCUMENT

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