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County attorney: officers elected at organizational meeting serve full term under 1937 statute; board moves to retain 2024 officers

January 06, 2025 | Madison County, Mississippi


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County attorney: officers elected at organizational meeting serve full term under 1937 statute; board moves to retain 2024 officers
County legal counsel told the Madison County Board of Supervisors on Jan. 6 that the governing statute (commonly referenced as "statute 1937" in the meeting record) and multiple Attorney General opinions interpret the law to mean officers chosen at the organizational meeting serve the remainder of the elected term.

County attorney Mike Espy told the board the statute "just simply says 1937, that in the first Monday after an election, the board meets and they elect a president and a vice president," and that Attorney General guidance has consistently concluded those officers hold the offices for the full four-year term unless a vacancy occurs. After receiving the legal guidance, the board made a motion to continue the officers selected at the 2024 organizational meeting (Steen as president, Banks as vice president) into 2025 and the motion was seconded and carried by voice vote as recorded in the minutes.

Why this matters: The interpretation clarifies an internal governance question about whether the presidency must rotate annually or whether the officers selected at the organizational meeting remain in office for the elected term. The board also discussed vacancy procedures: if a president steps down, the vice president serves as acting president and the board then elects a vice president.

Meeting record and legal guidance

Espy cited an Attorney General opinion to J.L. McCullough (Dec. 14, 1994) and other opinions that reach the same conclusion: because the statute is silent about annual rotation, the intent of AG guidance is that the officers elected at the organizational meeting continue for the term. The board’s motion followed that advice; the minutes reflect the motion and a voice vote in favor.

Next steps

The clerk will reflect the officers and the attorney’s guidance in the official minutes and administrative records. If a vacancy occurs, the board will follow the statutory process described by counsel.

Ending: The board accepted the county attorney’s interpretation and recorded the motion to maintain the organizational meeting officers for the term; the clerk will update the minutes accordingly.

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Scribe from Workplace AI
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