AG weighs in on previous disputes
By Timothy Woerner | Enterprise-Journal
Posted: 10/10/08 - 12:11:02 pm CDT
The dispute over police supervision between Acting Police Chief Greg Martin and McComb Mayor Zach Patterson is not the first in the state.
In 1990, the state Attorney General’s Office told the mayor of Drew: “While the mayor in a code charter municipality has the authority to observe activities of the police chief and policemen and to report to the board of aldermen on the activities of the department, the mayor does not have the authority to supervise law enforcement by the police chief on a daily basis.”
In 2002, the AG’s office wrote to a Caledonia resident, “The mayor of a code charter municipality has superintending control of all the officers and affairs of the municipality pursuant to Miss. Code Ann. Sec. 21-315(1) but is not a law enforcement officer. The marshal or chief of police is the chief law enforcement officer of a municipality.”
Code charters are uniform charters taken from options available in state code, and have been adopted by most cities in Mississippi.
McComb is under a special charter, whereby state law governs except where the city’s charter specifically overrides.
Patterson has often quoted a Mississippi State Center for Government Training and Technology municipal government guide on how to view the city’s special charter in light of mayoral authority under code charters.
“In reality, all forms of municipal government are ‘code charters’ in that the primary elements of government are defined by the Mississippi Code,” the guide states.
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Common Sense to CT wrote on Oct 11, 2008 2:17 PM: