1998 Regular Session
By: Senator(s) Carter
Senate Bill 2137
AN ACT TO AMEND SECTION 21-17-5, MISSISSIPPI CODE OF 1972, TO ALLOW A MUNICIPAL GOVERNING AUTHORITY TO ESTABLISH AN INCENTIVE AWARDS PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-17-5, Mississippi Code of 1972, is amended as follows:
21-17-5. (1) The governing authorities of every municipality of this state shall have the care, management and control of the municipal affairs and its property and finances. In addition to those powers granted by specific provisions of general law, the governing authorities of municipalities shall have the power to adopt any orders, resolutions or ordinances with respect to such municipal affairs, property and finances which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi, and shall likewise have the power to alter, modify and repeal such orders, resolutions or ordinances. Except as otherwise provided in subsection (2) of this section, the powers granted to governing authorities of municipalities in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi.
(2) Unless such actions are specifically authorized by another statute or law of the State of Mississippi, this section shall not authorize the governing authorities of a municipality to (a) levy taxes of any kind or increase the levy of any authorized tax, (b) issue bonds of any kind, (c) change the requirements, practices or procedures for municipal elections or establish any new elective office, (d) change the procedure for annexation of additional territory into the municipal boundaries, (e) change the structure or form of the municipal government, (f) permit the sale, manufacture, distribution, possession or transportation of alcoholic beverages, (g) grant any donation, or (h) without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the municipality does not have a property interest.
(3) Nothing in this or any other section shall be construed so as to prevent any municipal governing authority from paying any municipal employee not to exceed double his ordinary rate of pay or awarding any municipal employee not to exceed double his ordinary rate of compensatory time for work performed in his capacity as a municipal employee on legal holidays.
(4) Nothing in this or any other section shall be construed so as to prevent any municipal governing authority from establishing an incentive awards program and to award a municipal employee a reasonable reward including, but not limited to, a reasonable monetary reward for an idea or suggestion, the implementation of which will result in better or more economical service to the taxpayers of the municipal authority. The reasonable rewards authorized hereby shall not be construed to be a grant or donation. Every municipal governing authority that implements an incentive awards program pursuant to this subsection (4) shall adopt written rules and regulations that will ensure that (a) the incentive program is fairly and impartially administered, and (b) the identity of the person whose idea or suggestion is being considered for a possible reward will be unknown to the person or persons who are to determine whether a reward is to be made for such person's idea or suggestion.
SECTION 2. This act shall take effect and be in force from and after its passage.