House Bill 1207

AN ACT TO AMEND SECTION 21-8-27, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT IN THE MAYOR-COUNCIL FORM OF GOVERNMENT, THE COUNCIL MUST CONFIRM DEPARTMENT HEADS THAT ARE APPOINTED BY THE MAYOR WITHIN A CERTAIN TIME PERIOD; TO PROVIDE PENALTIES FOR THE FAILURE OF A CONFIRMATION OCCURRING IN SUCH TIME PERIOD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-8-27, Mississippi Code of 1972, is amended as follows:

21-8-27. (1) Except for the confirmation requirement that is provided in subsection (2) of this section, the members of the council shall not direct or dictate the appointment of any person to or his removal from office by the mayor or any department directors. Except for the purposes of inquiring or receiving information or advice, the council shall deal with the municipal departments and personnel solely through the mayor and no member of the council shall give orders to any subordinate of the municipality. The council shall have the power to investigate any part of the municipal government and for that purpose to compel the attendance of witnesses and the production of documents and other evidence.

(2) At the beginning of each term that a mayor is elected, all department directors must be confirmed by the council within sixty (60) days of such mayor's swearing-in ceremony. If no confirmation takes place within sixty (60) days, the department directors, who are appointed by the mayor, shall not receive his or her salary until such confirmation is performed. Such confirmation process shall occur each term that a mayor is elected to office.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.