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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.
*1 Jim Hood
*1 Attorney General
*1 By: Heather P. Wagner
*1 Assistant Attorney General


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