AG office says alderman can’t require mayor to work certain number of hours

Published 10:21 am Sunday, July 2, 2023

Elton aldermen cannot require the mayor to work a certain number of hours or use a timesheet, according to a state attorney general’s opinion.

Mayor Kesia Lemoine sought the opinion in regard to whether an elected mayor has to work a set amount of hours per month and whether an ordinance could be adopted requiring a mayor to work a 40 hour week.

The opinion, released Friday by Assistant Attorney General Lauryn A. Sudduth said, “The mayor of a Lawrason Act municipality, such as Elton, serves as the chief executive officer. As such, the mayor has the authority to “supervise and direct the administration and operation of all municipal departments, offices and agencies, other than a police department with an elected police chief, in conformity with ordinances adopted by the board of aldermen.”

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In the one-page written opinion, Sudduth said the board of aldermen cannot pass an ordinance that limits the executive authority of the mayor.

“Our office has previously opined that in Lawrason Act municipalities, any ordinance that would interfere with the mayor’s right to conduct the daily operations of the municipality is improper,” Sudduth wrote.

The attorney general’s office ruled that the board of aldermen cannot adopt a resolution requiring the mayor to keep a timesheet or record the number of hours worked. It may also not adopt an ordinance requiring the mayor to work set hours.