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2025 Op. Miss. Att'y Gen. 1 (2025)

handle is hein.sag/sagms0098 and id is 1 raw text is: 










                                        ATTORNEY GENERAL
                                             OPINIONS AND POLICY


                                      January 30, 2025

The Honorable  Jim Luke
Mayor,  City of Picayune
203 Goodyear  Boulevard
Picayune, Mississippi 39466

       Re:    Core Powers

Dear Mayor  Luke:

The Office of the Attorney General has received your request for an official opinion.

                                        Background

According  to your request, Picayune (the City) is currently without a fire chief The City is in
the process of interviewing for the position, and one of the candidates is well suited for the position.
The City is considering hiring the candidate; however, the candidate currently serves in a separate
position as a justice court judge for Pearl River County. The City is aware that the Office of the
Attorney General has previously opined that a justice court judge exercises core powers within the
judicial branch of government. See MS AG Op., Glover at *2 (July 8, 2005). The City is also aware
that if the City's fire chief exercises core powers of the executive branch, then that person cannot
serve as both the City's fire chief and justice court judge for Pearl River County. You provide that
the City's fire chief can generally hire and fire the fire department employees, but the city manager
has the final say in hiring and firing with the ability to overrule the fire chiefs recommendation.
Beyond  this, a summary of the fire chief s major duties are as follows:

    *  Assume   full management  responsibility for all fire department services and activities,
       including serving as the Civil Defense Director with full responsibility for the City
    *  Represent  the fire department to other City departments, elected officials, and outside
       agencies
    *  Develop  and manage  the fire department budget
    *  Coordinate  fire department activities with other departments, outside agencies, schools,
       and organizations
    *  Direct department staff meetings
    *  Respond  to major emergencies and direct and participate in the fire suppression and rescue
       operations activities as necessary

                           550 HIGH STREET * SUITE 1200 * JACKSON, MISSISSIPPI 39201
                             POST OFFICE BOX 220 * JACKSON, MISSISSIPPI 39205
                                      TELEPHONE (601) 359-3680

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