MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Universities and Colleges

By: Representatives Frierson, Comans, Endt

AN ACT TO AMEND SECTIONS 37-29-65, 37-29-409, 37-29-457 AND 37-29-505, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO MEMBER OF THE BOARD OF TRUSTEES OF ANY COMMUNITY OR JUNIOR COLLEGE DISTRICT SHALL BE AN ELECTED OFFICIAL OR ENGAGED IN THE EDUCATIONAL PROFESSION; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 37-29-65, Mississippi Code of 1972, is amended as follows:

37-29-65. (1) Except as provided in this section and in Sections 37-29-409, 37-29-457 and 37-29-505, there shall be six (6) trustees from each county of the community or junior college district which originally entered into and gave financial aid in establishing the community or junior college. On June 30, 1992, the offices of the six (6) trustees from each of the original counties in the Northwest Community College District shall stand vacated. The board of supervisors of those respective counties shall appoint two (2) members on July 1, 1992, to serve full terms of office as provided in this section. * * * There shall be one (1) member from each supervisors district. Counties which subsequent to the establishment of the community or junior college joined the district shall have only two (2) trustees * * *. However, the board of trustees so constituted, by appropriate resolution, may enlarge its number to six (6) trustees from each county * * *. There shall be one (1) chosen from each supervisors district. The board of trustees shall also be authorized within its discretion to reduce its number to two (2) trustees at large from each county * * *. 

No member of the board of trustees from any community or junior college shall be an elected official and none shall be engaged in the educational profession.

(2) From and after March 24, 1990, the Board of Trustees of the East Mississippi Community College District shall consist of twelve (12) members. The appointing authorities shall appoint a new board of trustees as follows: Clay County shall be entitled to two (2) members, Kemper County shall be entitled to two (2) members, Lauderdale County shall be entitled to two (2) members, Lowndes County shall be entitled to two (2) members, Noxubee County shall be entitled to two (2) members and Oktibbeha County shall be entitled to two (2) members. No member of the Board of Trustees of the East Mississippi Community College District shall have served on such board prior to March 24, 1990.

(3) The Board of Trustees of the Coahoma Community College District shall consist of fourteen (14) members. The appointing authorities shall appoint the new board of trustees as follows: Coahoma County shall be entitled to six (6) members appointed in the manner provided herein, Tunica County shall be entitled to two (2) members, Quitman County shall be entitled to two (2) members, Bolivar County shall be entitled to two (2) members, and Tallahatchie County shall be entitled to two (2) members. Persons who are currently serving as members of the Board of Trustees of the Mississippi Delta Community College District or Northwest Community College District shall be eligible for appointment to the board.

(4) The terms of office shall be five (5) years; however, upon the first selection of trustees in each county, one (1) shall be elected for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year, so as to prevent the retirement of more than one (1) member of any one (1) county in any one (1) year. Where the board chooses or is required by statute to reduce its number, the board shall specify the expiration dates of such terms of office in order to prevent the retirement of more than one (1) member of any one (1) county in any one (1) year.

(5) The board of supervisors shall elect the requisite number of discreet persons of good moral character, sufficient education and experience, and of proven interest in public education, who are qualified electors of the county, as trustees of the community or junior college; and annually thereafter the board of supervisors in like manner shall fill vacancies. All trustees so appointed shall be listed in the minutes of the board of supervisors and their appointment shall be certified by the chancery clerk to the president of the community or junior college.

(6) Each community or junior college trustee may be paid, out of community or junior college funds, a per diem as authorized in Section 25-3-69, Mississippi Code of 1972, per meeting of said board and, in addition thereto, the mileage authorized under Section 25-3-41, Mississippi Code of 1972, per mile in coming to and returning from said meeting, calculated upon the customary and normally traveled route from the home of such trustee to the campus of said community or junior college. Such allowance of per diem and mileage shall not, however, be allowed for more than fifteen (15) meetings for any one (1) fiscal year and shall only be paid for meetings actually attended by such trustees.

(7) The provisions of this section, other than those provisions pertaining to per diem compensation and travel allowances for community and junior college trustees, shall not apply to any existing publicly operated community or junior college, lying in and operated by a county bordering on the Mississippi River, and the community or junior college trustees of such community or junior college shall be appointed and confirmed as heretofore.

SECTION 2. Section 37-29-409, Mississippi Code of 1972, is amended as follows:

37-29-409. The operation and control of the Mississippi Gulf Coast Community College District and the college or colleges operated therein shall be vested in a board of trustees representing each of the four (4) counties lying within the district. The board of trustees shall consist of twenty-three (23) members. Of the said number Harrison County shall be entitled to eight (8) members, Stone County shall be entitled to three (3) members, George County shall be entitled to three (3) members and Jackson County shall be entitled to eight (8) members. In no event in the future shall any of the counties have more than the number hereinabove established. No member of the Board of Trustees of the Mississippi Gulf Coast Community College District shall be an elected official and none shall be engaged in the educational profession. The members of the board of trustees from each county shall be elected by the board of supervisors of the county. Except as hereinafter specified the term of office of each trustee shall be five (5) years. The members of the board of trustees serving on July 1, 1989, shall continue to serve until their terms expire. All shall be appointed for a term of five (5) years each. There shall be one (1) additional member of the board who shall be selected by the members of the board of trustees who shall reside alternatively in Jackson and Harrison Counties, with the initial appointment to be made from Jackson County for a term of five (5) years.

SECTION 3. Section 37-29-457, Mississippi Code of 1972, is amended as follows:

37-29-457. * * * The operation and control of the Copiah-Lincoln Community College District shall be vested in a board of trustees representing the seven (7) counties lying within the district. The said board shall consist of twenty-seven (27) members to be chosen as follows:

(a) Copiah County shall be entitled to six (6) members who shall be elected and serve according to Section 37-29-65.

(b) Lincoln County shall be entitled to six (6) members who shall be elected and serve according to Section 37-29-65.

(c) Lawrence County shall be entitled to two (2) members who shall be elected and serve according to Section 37-29-65.

(d) Franklin County shall be entitled to two (2) members who shall be elected and serve according to Section 37-29-65.

(e) Simpson County shall be entitled to two (2) members who shall be elected and serve according to Section 37-29-65.

(f) Jefferson County shall be entitled to two (2) members who shall be elected and serve according to Section 37-29-65.

(g) Adams County shall be entitled to seven (7) members who shall be elected from the residents of said county by the Board of Supervisors of Adams County within thirty (30) days of the effective date of this section * * *.

No member of the Board of Trustees of the Copiah-Lincoln Community College District shall be an elected official and none shall be engaged in the educational profession.

The terms of office for the members shall be five (5) years. However, upon the first selection of trustees in the county, one (1) shall be elected for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year, so as to prevent the retirement of more than one (1) member in any one (1) year. The members elected from Adams County shall have like qualifications and receive the same compensation as the members from other counties as provided by Section 37-29-65.

(h) There shall be one (1) member of the board of trustees who shall be elected by the members of the said board of trustees from among the residents of the Copiah-Lincoln Community College District. Said member so chosen shall serve a five-year term and have the same powers and duties as the other board members.

SECTION 4. Section 37-29-505, Mississippi Code of 1972, is amended as follows:

37-29-505. The control and operation of the Meridian Community College District shall be vested in a board of trustees appointed by the City Council of the City of Meridian. The Board of Trustees of the Meridian Community College District shall consist of five (5) members. When the initial appointments are made, the first appointee shall serve for a term of one (1) year, the second appointee for a term of two (2) years, the third appointee for a term of three (3) years, the fourth appointee for a term of four (4) years and the fifth appointee for a term of five (5) years; thereafter all appointments shall be for a term of five (5) years. Trustees of the Meridian Community College District shall be appointed by a majority vote of the full membership of the City Council of the City of Meridian at the first meeting of the council held in the month of February of each year, and the term of office of each trustee so appointed shall commence on the first Saturday of March following, except that the existing trustees of the Meridian Municipal Separate School District as of the effective date of this legislation shall constitute the initial Board of Trustees of the Meridian Community College District. As the terms of these individual trustees expire, trustees for the Meridian Community College District shall be appointed as provided herein. All vacancies shall be filled for unexpired terms by appointment by majority vote of the full membership of the city council. No member of the Board of Trustees of the Meridian Community College District shall be an elected official and none shall be engaged in the educational profession.

SECTION 5. This act shall take effect and be in force from and after July 1, 1998.