State and Local Legal Blog

Folks are teaching…who is listening? | January 26, 2012

Watching the fallout over actions taken by the board of aldermen in Southaven and Ocean Springs has reminded me of what a great responsibility of governance is placed on the shoulder of aldermen, particularly in code charter cities in Mississippi. While given broad discretion in many matters, actions which are arbitrary and capricious are subject to judicial review.  Thus a Department of Justice investigation into the denial of a permit to Psycamore, which desired to place an outpatient facility within the city limits and the investigations by the state auditor and the FBI into the situation with Southaven’s mayor.

Addressing the responsibilities as alderman is more difficult than many of those who run for office might think. But they are forced to learn fast.  A candidate who is not an incumbent goes from being John Q. Public to an authority on municipal government within 24 hours.

The Mississippi Municipal League, The Stennis Institute of Government, and numerous other groups attempt to aggressively train aldermen in order that they may legally and effectively operate within their city government.  So folks are teaching……but who is listening?

The Mississippi Code sections on approving claims dockets are clear.  So are the liabilities for authorizing illegal expenditures.  The federal law is clear on protected classes, such as individuals with disabilities.

It may be time for “Alderman 101″.

 

 

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About author

Lydia Quarles is an attorney with Mozingo | Simpson | Quarles PLLC, and Senior Policy Analyst at the Stennis Institute of Government located on the campus of Mississippi State University. Visit Lydia's website: www.wpf-adr.com

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