MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Fees, Salaries and Administration

By: Senator(s) Scoper

AN ACT TO AMEND SECTION 21-8-21, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE BY WHICH THE SALARIES OF THE MAYOR OR COUNCILMEN OF CERTAIN MUNICIPALITIES MAY BE INCREASED OR DECREASED; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 21-8-21, Mississippi Code of 1972, is amended as follows:

21-8-21. (1) The mayor and the members of the council shall be qualified electors of the municipality. The compensation for the mayor and the members of the council shall be set by the council. After the salaries of the first mayor and first council have been determined by the council of any municipality electing to come under the provision of this chapter, such salaries shall be effective immediately. Thereafter, any increases or decreases in the salary for the mayor or councilmen may be authorized by the council as follows:

(a) The council, by resolution duly spread upon the minutes, shall propose the increase or decrease in the salary for the mayor or councilmen, and shall set a time and date for a public hearing on the increase or decrease proposed.

(b) Notice of the proposed increase or decrease, and of the public hearing to be held thereon, shall be published in a newspaper of regular circulation in the municipality for three (3) consecutive weeks prior to the date of the hearing.

(c) After the duly held public hearing, the council shall determine the increase or decrease in the salary for the mayor or councilmen by ordinance duly spread upon the minutes, which increase or decrease shall not take effect less than one hundred eighty (180) days after the date of the resolution required by paragraph (a) of this subsection (1).

(2) The salary of the mayor, councilmen and all employees of such municipality shall be paid at such periods as may be fixed by the council, but not less frequently than once a month; however, no salaries or wages shall be paid to any officer or employee of such municipality until after the same shall have been earned. Every officer or employee of the municipality shall receive such a salary of compensation as the council shall by ordinance provide, and the salary compensation of all employees of such municipality shall be fixed by the council from time to time, as occasion may demand.

(3) The city council shall have the power and authority to provide for and pay to any member of the police department or fire department of such municipality additional compensation for services and duties performed by any such member over and above the usual and regular number of days and hours per week or month ordinarily worked by such member. Nothing herein contained shall be construed to relieve any such member of the police department or fire department from being subject to call for duty on a 24-hour basis whether or not additional compensation is paid. Provided, however, that no policeman or fireman shall perform any duties or other work during regular working hours for any person or association, group or drive, or during hours for which he is being paid for the performance of official duties as policeman or fireman.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.