FERRIDAY — An opinion from the state attorney general’s office says the Town of Ferriday may — but does not have to — pay the legal fees for the late Mayor Sammy Davis Jr.

The opinion, released March 11, is addressed to Alderman Elijah Banks, and states that, “Should the town council exercise its discretion to reimburse legal expenses incurred by the mayor, the town council must determine that the legal expenses were reasonable and necessary.”

State law allows for the reimbursement of legal fees of elected officials who prove themselves innocent of charges related to their elected position.

Davis was convicted of malfeasance in office, but the conviction was vacated in the early 1990s. Davis died in 2006, having never been reimbursed despite years of efforts.

The current board of aldermen has debated the issue several times since August, when Banks put it on the agenda.

Some have questioned whether it is the responsibility of the town or the state to make the reimbursement.

Another of the problems that Town Attorney Anna Ferguson has said she had with the reimbursement was that the statute of limitations had run out for it, and it was no longer legally enforceable.

That is why the board of aldermen voted to seek an attorney general’s opinion about the matter.

The problem is that the opinion that was released March 11 is not the one that the board requested, Mayor Glen McGlothin said.

“I got a letter and a call from (the attorney general’s office) saying, ‘We have got two requests,’” McGlothin said. “They voted in the board meeting for the attorney and me to do this, and then (Banks) turned around and did his own.”

The opinion that was rendered to Banks does not answer all of the questions the town wants answered, and the town has submitted a supplement to the original question, McGlothin said.

“They are still working on it,” he said.

Banks said he could not recall when he submitted his request.

“I never knew the town had submitted one,” he said.

But now that he has an opinion from the attorney general, Banks said he will place the item on the aldermen’s agenda.

“It may be one opinion that the time has elapsed on it,” Banks said. “But the whole thing is to be left up to the board to make it right with the attorney who was handling the case.”

Ferguson could not be reached for comment Friday afternoon.