VIDEO: Small Town Politics Causing Chaos In Aberdeen

ABERDEEN, Miss. (WCBI)- It’s been the talk of the town for several weeks in Aberdeen.

Alderman Cloyd Garth’s Ward 2 seat could be in question depending on who you ask.

A state attorney general’s opinion said Garth can’t keep his seat while also serving as the interim superintendent of schools in Hazelhurst.

WCBI obtained a copy of the minutes from the December 19th board of alderman meeting, which shows the board voted to have a special election to replace Garth at the end of the month.

However, Mayor Maurice Howard believes the AG’s opinion is just that, an opinion.

So, we reached out to the attorney general’s office and asked what legal weight the opinion holds, here’s the response from an AG spokesperson:

1. Pursuant to Section 7-5-25, a requestor, who acts in good faith and in accordance with the advice given in the opinion, will not be civilly or criminally liable as a result of such acts, unless the opinion is manifestly wrong and without any substantial support.

1. An official opinion is formal advice.  It is not a ruling or order and does not require a particular action be taken.  An official opinion provides protection from civil and criminal liability to those officials who act in accordance with the opinion.

1. The Mississippi Supreme Court views official opinions to be persuasive authority, but is not bound by them. Poppenheimer v. Estate of Coyle, 98 So.3d 1059, 1066 (Miss. 2012).

It’s common for governing bodies to follow an AG’s opinion, however, Howard maintains Garth will continue to serve, despite the opinion and the upcoming special election.

“I think that the board again has prematurely made decisions upon notions from an attorney generals opinion. I understand that opinions hold some weight, but not much,” said Mayor Howard.

“The whole issue with the city has been an embarrassment to us and has cost us possibly business and industry and we deserve better,” said Marsha Ballard, longtime Aberdeen resident.

January 30th is set to be the day of that special election.

So far, no one has qualified for the position. The deadline to do so is next Tuesday January 9th.