OCEAN SPRINGS, MS — Ward 1 Alderman Jennifer Burgess’s recent actions may appear to some as proactive city leadership, but they raise serious legal and governance concerns.
From issuing work orders to negotiating directly with the Mississippi Department of Transportation (MDOT), Burgess may be assuming roles that Mississippi law explicitly reserves for the mayor and city staff — not individual aldermen.
State law is clear: aldermen are part of the legislative branch, tasked with setting policies, passing ordinances, and representing constituents during official meetings. They are expressly prohibited from executing or managing city operations. Yet Burgess has openly claimed to be overseeing municipal work orders and making independent demands of MDOT, blurring the lines between legislative and executive authority.
Despite these legal restrictions, Burgess has openly admitted to activities that suggest she is operating far outside her legislative role. In a recent text message, Burgess stated, “I go through my Ward to make sure my work orders are getting completed and identifying any new work orders that need to be submitted.”
On Facebook, Burgess claims that she is personally negotiating and directing MDOT services for the construction project at Ocean Springs Road. In her post, Burgess recognized MDOT for “working with me” on light settings and “accommodating my request” for water lines. She also claims to have “brought MDOT to the table to address my concerns regarding the two turn lanes,” a meeting that, according to Burgess, resulted in a change to the street design.
Legal Exposure in the Courts
City planning is usually reserved for highly trained professionals working under the direction of the mayor’s office, not alderman using their title to gain influence over workers. While aldermen can advocate for their wards, taking on administrative tasks like negotiating street designs or overseeing code enforcement work orders can expose the city — and the alderman personally — to legal challenges, especially if their actions are seen as favoritism or retaliation.
Actions outside the legal role of a ward representative could result in liability for project delays, cost overruns, or other unforeseen complications.
Even if Burgess were to argue that her actions are authorized by the mayor, Mississippi law does not allow for such delegation. The roles of aldermen and the mayor are defined by statute, and aldermen are expressly prohibited from executing or managing city operations, regardless of permission. Allowing such overreach would undermine the separation of powers and create confusion in governance.
The Founding Fathers Anticipated This
Burgess has repeatedly stated she is a “city employee,” but city employees operate within a chain of command under the executive branch, reporting to department heads and ultimately the mayor. Mississippi law explicitly prohibits aldermen from being part of that chain of command or directing city employees, even with permission from the mayor, as their authority is confined to legislative duties performed collectively with the board.
The principle of separation of powers, established by the Founding Fathers, was designed to prevent the concentration of power and maintain accountability in government. Legislative officials, like aldermen, are intended to act as a check on executive authority — not to participate in it. By blurring these roles, Burgess risks undermining the checks and balances that are vital to effective and transparent governance.
Burgess has also described herself as “part of the mayor’s administration,” a claim that further exemplifies her misunderstanding of the separation of powers. This misunderstanding, coupled with her actions to oversee work orders and engage directly with MDOT, raises concerns about whether her approach undermines the integrity of Ocean Springs’ municipal government.
Alderman Burgess has directed local media to contact the mayor’s office for any requests for statements regarding her ward, stating, “Any and all questions are to be sent to [Mayors Office Administrator] Ravin.” This is yet another blur in the line between the legislative and executive branches of the city government. Think of it in terms of a Senator or Congressman telling the press to talk to the White House press secretary for comments regarding their districts – something that would never happen.
This directive not only confuses the roles of legislative and executive branches but also limits transparency. Constituents rely on their elected officials to respond independently to their concerns and the press, ensuring accountability. Burgess’ approach not only blurs lines but risks eroding public trust in her ability to serve independently.
Mississippi Code § 21-3-15 states, “No member of the board of aldermen shall give orders to any employee or subordinate of a municipality other than the alderman’s personal staff.” Section Sec. 2-33(g) of the Ocean Springs Code of Ordinances also states that “aldermen shall not directly interfere with the conduct of any city department or duties of employees.” It further sates that “aldermen shall deal with city employees through the mayor or city administrator” and that “aldermen shall not give orders directly to any city employee subordinate to the city administrator.”
These statutes and ordinances are in place to ensure the separation of powers, as intended by the Founding Fathers.
Maintaining Safeguards in Local Government
For Ocean Springs to maintain the integrity of its governance, it is imperative that all elected officials understand and adhere to the legal boundaries of their roles. Actions like those of Alderman Burgess not only undermine trust but also jeopardize the system of checks and balances designed to protect the city and its residents. Moving forward, the city must ensure that its leaders respect the separation of powers to safeguard efficient, transparent, and lawful governance.
The separation of powers is not just a formality — it is a safeguard to ensure that municipal government functions efficiently and transparently. For Ocean Springs to maintain that integrity, all elected officials must adhere to their defined roles and respect the boundaries established by law.
