House Bill 366

AN ACT TO REQUIRE THE BOARD OF SUPERVISORS OF EVERY COUNTY AND THE GOVERNING AUTHORITIES OF EVERY MUNICIPALITY TO ADOPT ORDINANCES ESTABLISHING POLICIES, PROCEDURES AND STANDARDS GOVERNING THE SOLICITATION, SELECTION, AWARDING AND TERMINATION OF COUNTY OR MUNICIPAL CONTRACTS FOR PERSONAL OR PROFESSIONAL SERVICES; TO REQUIRE SUCH POLICIES, PROCEDURES AND STANDARDS TO COMPLY WITH GUIDELINES ESTABLISHED BY THE STATE DEPARTMENT OF AUDIT; TO PRESCRIBE PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The board of supervisors of every county and the governing authorities of every municipality shall adopt ordinances establishing policies and procedures governing county or municipal contracts for personal or professional services including, but not limited to, contracts for attorneys, accountants, auditors, physicians, dentists, architects, engineers, veterinarians, utility rate expert services, any form of consulting, policy analysis, public relations, marketing, public affairs, legislative advocacy services, and computer or information technology.

(2) In establishing such policies and procedures governing personal and professional services contracts, county boards of supervisors and municipal governing authorities shall follow guidelines established by the State Department of Audit. The guidelines established by the Department of Audit shall provide:

(a) Standards for invitations for public bids, for development and issuance of requests for proposals, for the evaluation of proposals received, for consideration of costs and quality of services proposed, for contract negotiations and for record keeping and financial responsibility of contractors; and

(b) Standards for the administrative monitoring of contract performance and for successful steps in terminating such contracts.

(3) Every county and municipal contract for personal or professional services that involves the expenditure of funds in excess of One Hundred Thousand Dollars ($100,000.00), in addition to complying with the standards established under subsection (2) of this section, shall be advertised and subject to public bid before the contract may be awarded.

SECTION 2. It shall be unlawful for any county or municipal official or employee to knowingly and willfully violate any of the provisions of Section 1 of this act or any of the policies, procedures, guidelines or standards established under Section 1 of this act. A person convicted for any such violation shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year, or by both such fine and imprisonment. In addition, if the person convicted is a member of the board of supervisors of the county or a member of the governing authorities of the municipality and the member knowingly voted in favor of any action in violation of Section 1 of this act, such person shall be liable on his official bond to the county or municipality, as the case may be, for any damages or loss that the county or municipality sustained as the result of the violation.

SECTION 3. This act shall take effect and be in force from and after July 1, 2002.