Q The current city marshal ran against the incumbent and was elected and sworn in. After the election, but prior to the new board taking office, the marshal’s salary was reduced. On August 13, the new board voted to reinstate the old salary. May the board make the increase retroactive to July 1, based on the contention that the old board’s actions were not made in good faith?

A If no court of competent jurisdiction has ruled otherwise, the actions of the old board must be assumed to be in good faith and valid. As such, Sections 66 and 96 of the Mississippi Constitution prohibit the payment of bonuses and donations, and would prohibit the proposed retroactive pay increase. (Attorney General’s Opinion to Barton, September 6, 2013)