Can a Mississippi town marshal require department employees to clear discussions with him before talking to the mayor or town aldermen?

Plain-English summary

The Town of Caledonia has a marshal department. The marshal wanted to adopt a policy requiring department employees to discuss department business (tickets, reports, complaints, ongoing incidents) with the chief marshal or assistant chief first, before raising it with the mayor, the aldermen, or the town attorney. The marshal's concern: information about ongoing investigations and personnel matters was leaking out of the department through informal conversations between officers and elected officials.

The town's attorney asked whether the marshal had the authority to enforce that kind of communication policy.

The AG said yes. Under Section 21-21-1, the marshal (or chief of police) is the municipality's "chief law enforcement officer" and has "control and supervision of all police officers employed by [the] municipality." That authority includes day-to-day operational decisions and internal employment protocols. Adopting a chain-of-command communication policy falls squarely within that authority.

The AG was careful to note its usual limit: it "is unable to opine on the specifics of local policies and proposed local policies." The opinion answers the general question of whether a marshal has authority to adopt such a policy, not whether any particular draft policy is valid.

What this means for you

If you're a Mississippi town marshal or police chief

Under this opinion, you may create and enforce an internal communication policy and employment protocols for the officers you supervise, including a chain-of-command rule requiring employees to discuss department business through the chief or assistant chief before raising it with the mayor, aldermen, or town attorney. The AG grounds that in your status as the municipality's "chief law enforcement officer" under § 21-21-1, with "control and supervision of all police officers employed by [the] municipality," and in the Ewing (1995) opinion that this includes "[the] authority to make daily decisions concerning law enforcement." The opinion does not pass on whether any particular policy you draft is valid; the AG expressly declined to opine on the specifics of local policies.

If you're a town alderman or mayor

Under this opinion, the marshal has authority to require department employees to route department business through the chain of command before bringing it to you. The opinion is about the marshal's authority to adopt the policy as the chief law enforcement officer; it does not address the board's separate authority or the validity of any specific policy.

If you're a marshal or police-department employee

Under this opinion, the marshal, as the municipality's chief law enforcement officer, may require you to follow an internal chain-of-command communication policy for department business. The AG addressed only the marshal's general authority to adopt such a policy; it did not opine on the specifics of any particular policy or on how such a policy interacts with other legal protections.

Common questions

Q: Does this opinion approve a specific communication policy?
A: No. The AG answered the general question of whether a marshal has authority to adopt an internal communication policy and employment protocols. It expressly said it "is unable to opine on the specifics of local policies and proposed local policies."

Q: Where does the marshal's authority come from?
A: From § 21-21-1, which provides that "[t]he marshal or chief of police shall be the [municipality's] chief law enforcement officer" with "control and supervision of all police officers employed by [the] municipality." The AG reads this, together with the Ewing (1995) opinion, to include the authority to make daily law enforcement decisions and to adopt internal communication and employment protocols.

Q: What's the difference between a marshal and a police chief here?
A: Section 21-21-1 refers to "[t]he marshal or chief of police" as the municipality's chief law enforcement officer, so the AG's analysis applies to whichever title the municipality uses.

Background and statutory framework

Section 21-21-1 establishes the marshal or chief of police as the municipality's chief law enforcement officer. The statute, as quoted in the opinion, provides that "[t]he marshal or chief of police shall be the [municipality's] chief law enforcement officer" having "control and supervision of all police officers employed by [the] municipality."

The AG reads that supervisory authority, together with the Ewing (1995) opinion that the chief law enforcement officer "has [the] authority to make daily decisions concerning law enforcement," to include the authority to create and enforce an internal communication policy and employment protocols.

The opinion is expressly limited. Under § 7-5-25 the AG opines only on prospective questions of state law and, citing Hensarling (2021), states it "is unable to opine on the specifics of local policies and proposed local policies." It therefore does not decide whether any particular communication policy the marshal might adopt is valid.

Citations and references

Statutes:

• Miss. Code Ann. § 7-5-25 (AG opinion authority)
• Miss. Code Ann. § 21-21-1 (marshal or chief of police as chief law enforcement officer)

Prior AG opinions referenced:

• MS AG Op., Ewing (Apr. 12, 1995), authority to make daily law enforcement decisions
• MS AG Op., Hensarling (Sept. 3, 2021)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/03/C.Hemphill-February-24-2023-Marshal-Department-Communication-Policy.pdf

Original opinion text

February 24, 2023

Christopher D. Hemphill, Esq.
Attorney, Town of Caledonia
214 5th Street South
Columbus, Mississippi 39701

Re: Marshal Department Communication Policy

Dear Mr. Hemphill:

The Office of the Attorney General has received your request for an official opinion.

Background

The town of Caledonia has a marshal department with a full-time marshal and several part-time deputy marshals and other employees. The marshal has inquired whether he can adopt a policy requiring employees to follow the chain of command in discussing marshal department business —tickets, reports, complaints, incidents, etc.— by first discussing with either the chief marshal or the assistant chief marshal before discussing department business with alderpersons, the mayor, or town attorney. Such discussion with alderpersons, the mayor, or the town attorney would occur only after receiving permission through the chain of command. The marshal is concerned about marshal employees discussing sensitive information outside the department.

Question Presented

Does the town marshal have the authority to enforce a communication policy requiring that marshal employees follow the internal chain of command in discussing marshal department business before discussing with other municipal officers outside of the department?

Brief Response

A town marshal may adopt an internal communication policy and employment protocols pursuant to his or her authority as the municipality's chief law enforcement officer having supervision and control over all police officers employed by the municipality.

Applicable Law and Discussion

Pursuant to Mississippi Code Annotated Section 7-5-25, this office is authorized to issue official opinions upon prospective questions of state law only. This office is unable to opine on the specifics of local policies and proposed local policies. See MS AG Op., Hensarling at 1 (Sept. 3, 2021). As a general matter, however, Section 21-21-1 provides that "[t]he marshal or chief of police shall be the [municipality's] chief law enforcement officer" having "control and supervision of all police officers employed by [the] municipality." (Emphasis added). This office has opined that the marshal or police chief, as the chief law enforcement officer of the city, "has [the] authority to make daily decisions concerning law enforcement." MS AG Op., Ewing at 1 (Apr. 12, 1995). Accordingly, it is the opinion of this office that a town marshal, as the chief law enforcement officer, may create and enforce an internal communication policy and employment protocols.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General