Jackson Jambalaya

The long-time practice of Mississippi Mayors avoiding getting their friends confirmed by calling them  an "interim appointment" was dealt another blow last week. The Attorney General ruled that interim appointments requiring a confirmation vote can only hold office for 90 days.  The legislature placed a 180 day limit on such appointments several years ago but passed a bill this year that shortened the interim period from 180 days to 90 days if a confirmation vote is required for the appointment.  The limitation also applies to municipal boards and commissions as well.

The new law states:

(1) No person shall serve in an interim or hold-over capacity for longer than ninety (90) days in a position that is required by law to be filled by appointment of the governing body of a municipality, or by mayoral appointment with the advice and consent of the council or aldermen. If such position is not filled within ninety (90) days after the expiration of the position's term, or within ninety (90) days after the date of appointment if an interim appointment, the hold-over service or interim appointment shall terminate and no municipal funds may thereafter be expended to compensate the person serving in the position. Further, any action or vote taken by such person after the ninety-day period shall be invalid and without effect. If a council or board of aldermen rejects, or otherwise fails to confirm, an individual submitted by the mayor for appointment, the mayor may not resubmit or reappoint the same individual for that position during the remainder of the mayor's current term in office.

 The Jackson Municipal Airport Authority asked the Attorney General whether a board member whose term expired before the new law became effective on July 1 would serve 180 days or 90 days.   The A.G. responded that 90 days means 90 days.  Thus the opinion states "a municipal airport commissioner serving in a hold-over capacity on July 1, 2018 can serve no longer than 90 days from July 1, 2018" (Regardless of when he was appointed). 

State Senator Josh Harkins doggedly worked to get this law passed so as to stop the abuse of  interim appointments in Mississippi government.  Mayors have repeatedly abused this practice when they fear one of their good ole boys can't get confirmed.  They would simply call someone an "interim" appointment and presto, no confirmation vote was needed because the crony wasn't actually nominated.  Checks and balances are ignored. Councilmen and alderwomen have little remedy save going to court at their own expense.  Thus so-called "interim appointments" are in reality unconfirmed permanent appointments as such appointees  could and would at times serve for years.


The interim appointments are often not qualified to serve in their appointed positions (See Willie Bell).  Remember when Frank Melton appointed his driver to be the Director of Parks & Recreation because he knew how to play basketball? The Mayor will then attempt to make an end run around the entire confirmation process and call him an "interim" appointment but then never submits his nomination for confirmation.  It makes a mockery out of the entire concept of checks and balances.  Mayors Johnny Dupree, Chokwe Lumumba,  Les Fillingame, and Harvey Johnson all thought they were above the law as they loved to use interim appointments, checks and balances be damned.

 The same hijinks also take place with boards and commissions.  Members are allowed to serve years after their terms expired.   Millions of dollars are spent, hiring and firings of employees take place, and votes are made by members who should have no vote but hey, it's Mississippi. The new law is simply an attempt to get Mayors and their respective legislative branches to do their jobs.

Mayors will also no longer be able to thumb their noses at their councilwomen and aldermen and dare them to run to the State Auditor or Attorney General.  State Senator Harkins made it possible for voters of a municipality to enforce the law in chancery court.  If the voter wins, then the city must pay the legal fees.  No more waiting for cavalry that never comes or breaking the bank paying for a lawyer.

Kingfish note: It will be interesting to see how this applies to JPD.  Mayor Chokwe Antar Lumumba appointed James Davis as interim Chief of Police on June 28.  He said that the interim Chief could serve up to 180 days in that position.  However, the new law - supported by the AG's opinion - states that he can only serve 90 days without confirmation by the City Council.  His term as interim JPD Chief will expire on October 1. 

However, the Mayor can simply submit his name to the City Council for a confirmation vote.  It really is that simple.  Nominate. Vote. Confirm. 

One more thought.  It was JMAA's attorney who asked for this opinion.  Hmm..... James Henley is the Board President.  What is he up to?  Heaven knows he has created enough mischief this year.