Q What path of recourse may a board of aldermen pursue against a mayor in a code charter who refuses to uphold municipal ordinances?

A A mayor is required by law to enforce lawfully enacted ordinances, resolutions and orders of the board of aldermen, pursuant to Section 21-3-15. While the mayor has superintending control, it is supervisory in nature and does not authorize the mayor to become personally involved in the daily operations of the municipal departments. When one branch of government fails to perform any statutorily mandated duty, members of the governing authority may seek relief for the failure to perform such duties from the court by securing a writ of mandamus. (Attorney General’s Opinion to McCaughn dated November 20, 2009)