Q Some questions have arisen related to a mayor’s veto. When does a mayor “receive” an ordinance – specifically, does the presence of an ordinance in written form at the board meeting when it is adopted constitute “receipt” by the mayor sufficient to trigger the ten-day (10) time limit to veto the ordinance? If the mayor issues a veto before the board determines the ordinance is received, does this invalidate the veto? When is the veto “returned?” Finally, when is “the next meeting of the board” for purposes of determining whether the mayor has returned an ordinance to the board “prior to the next meeting of the board” under Section 21-3-15?

A Section 21-3-15 contemplates presentment to the mayor after approval by the board, so the mere presence of a written ordinance at the board meeting, without “presentation” to the mayor, is insufficient to constitute “receipt” so as to trigger the mayor’s ten day time limit to veto the ordinance. Issuance of a veto before “receipt” does not invalid the veto. The “return” date is the date the veto is delivered to the municipal clerk. The “next meeting of the board” is the next lawfully convened meeting, regardless of whether it is regularly scheduled or special-called. (Attorney General’s Opinion to St. Pẻ, September 6, 2019)