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2019 Op. Miss. Att'y Gen. 1 (2019)

handle is hein.sag/sagms0092 and id is 1 raw text is: 









Ms. Merlene  Wall


Office of the Attorney GeneraIJanuary 11, 2019
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2019 WL  1142870 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 2018-00440
*1 January 11, Previous Term 2019 Next Term

Re:  Salary   Payments to Mayor and Aldermen


*1 Ms. Merlene Wall
*1 City Clerk
*1 Town of Lumberton
*1 Post Office Box 211
*1 Lumberton, Mississippi 39455-0211
Dear Ms. Wall:
*1 Attorney General Jim Hood received your letter of request and assigned it to me for
research and reply.

                               Issue Presented

*1 You state that your Mayor and Aldermen get paid on the last Wednesday of each
month for that month's salary and ask if they could be paid early during the holiday
season.

                                  Response

*1 No. The authorization for public officers and employees to receive a monthly salary
contemplates that the payment of such salaries is to be made after services are
rendered. We are unaware of any authority for public officers and employees to receive
salary advances. MS AG Op., Willis (March 8, 2002); MS AG Op., Haynes (March 29,
1982). Article 4, Section 96 of the Mississippi Constitution prohibits governing
authorities from compensating anyone before the services are rendered.
Sincerely,
*1 Jim Hood
*1 Attorney General

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