MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Game and Fish

By: Representative Moak

AN ACT TO AMEND SECTION 49-4-6, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE OFFICERS COVERED BY THE MERIT PROMOTION SYSTEM SHALL BE THOSE OFFICERS WORKING UNDER THE OFFICE OF LAW ENFORCEMENT OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-4-6, Mississippi Code of 1972, is amended as follows:

49-4-6. (1) There is hereby created the Mississippi Department of Wildlife, Fisheries and Parks, whose offices shall be located in Jackson, Mississippi.

(2) The Mississippi Department of Wildlife, Fisheries and Parks shall be organized into the following offices:

(a) Office of Wildlife and Fisheries;

(b) Office of Parks and Recreation;

(c) Office of Support Services;

(d) Office of Law Enforcement.

(3) The department shall be headed by an executive director who shall be appointed by the Governor. The Mississippi Commission on Wildlife, Fisheries and Parks shall submit to the Governor three (3) qualified nominees for the position of executive director. The Governor shall appoint the executive director from the list of qualified nominees submitted with the advice and consent of the Senate. The executive director may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department's lawful functions. Upon recommendation by the Governor to the Commission on Wildlife, Fisheries and Parks, the executive director may be removed from office only by both a majority vote of the membership of the Commission on Wildlife, Fisheries and Parks and the Governor's approval of the removal. To remove the executive director the commission must determine on sound evidence that there is good cause for removal such as willful dereliction in carrying out the duties of executive director, obvious malfeasance in his actions as executive director or conviction of any criminal act. After the determination is made by the commission that the executive director should be removed from office, the commission shall notify the Governor of its determination and the Governor must approve that determination before the executive director is actually removed from office.

(4) The executive director of the department shall appoint heads of offices, who will serve at the pleasure of the executive director.

(5) The Office of Law Enforcement shall have no power or authority over the agents or officers of the Office of Wildlife and Fisheries. The head of the Office of Law Enforcement shall not supervise, restrict or limit any such officer or agent in the carrying out of his duties and orders from the Office of Wildlife and Fisheries unless specifically authorized or directed to do so by the executive director.

The executive director shall have the authority to organize the offices established by subsection (2) of this section as deemed appropriate to carry out the responsibilities of the department. The organizational charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.

(6) The executive director shall develop and implement a merit promotion system for all officers under the Office of Law Enforcement. Promotion to higher rank shall be based on an individual's merit and length of service. The executive director shall implement the merit promotion system before July 1, 1995.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.