House Bill 1071

AN ACT TO AMEND SECTION 21-8-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MAYORS WHO ARE ELECTED TO A SUCCESSIVE TERM, IN A MAYOR-COUNCIL FORM OF GOVERNMENT, ARE NOT REQUIRED TO REAPPOINT AND OBTAIN CONFIRMATION FOR HIS OR HER DEPARTMENT DIRECTORS AFTER BEING REELECTED; TO AMEND SECTION 21-8-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SUCH REAPPOINTMENT AND CONFIRMATION SHALL NOT BE REQUIRED FOR THE POSITION OF CHIEF ADMINISTRATIVE OFFICER IN THE MAYOR-COUNCIL FORM OF GOVERNMENT IF THE MAYOR IS ELECTED FOR A SUCCESSIVE TERM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-8-23, Mississippi Code of 1972, is amended as follows:

21-8-23. (1) The municipality may have a department of administration and such other departments as the council may establish by ordinance. All of the administrative functions, powers and duties of the municipality shall be allocated and assigned among and within such departments.

(2) Each department shall be headed by a director, who shall be appointed by the mayor and confirmed by an affirmative vote of a majority of the council present and voting at any such meeting. Each director shall serve during the term of office of the mayor appointing him, and until the appointment and qualification of hissuccessor. It shall not be necessary for a mayor who is elected to a successive term to resubmit his or her department directors for confirmation.

(3) The mayor may, in his discretion, remove the director of any department. Directors of departments shall be excluded from the coverage of any ordinance or general law providing for a civil service system in the municipality; provided, however, all individuals serving as heads of departments at the time of the municipality's adoption of the mayor-council form as described in this chapter shall continue to be covered by the provisions of the civil service system in effect at the time the mayor-council form is adopted.

(4) Directors of departments shall appoint subordinate officers and employees within their respective departments and may, with approval of the mayor, remove such officers and employees subject to the provisions of any ordinance establishing a civil service system where that system is effective in the municipality, or other general law; provided, however, that the council may provide by ordinance for the appointment and removal of specific boards or commissions by the mayor.

(5) Whenever the city council is authorized by any provision of general law to appoint the members of any board, authority or commission, such power of appointment shall be deemed to vest in the mayor with the confirmation of an affirmative vote of a majority of the council present and voting at any meeting.

(6) The council shall also require all officers and employees handling or having the custody of any of the public funds of such municipality to give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in an amount to be determined by the council (which shall not be less than Ten Thousand Dollars ($10,000.00), the premium on which bonds shall be paid by the city.

SECTION 2. Section 21-8-25, Mississippi Code of 1972, is amended as follows:

21-8-25. The council of any municipality adopting the mayor-council form of government may, within its discretion, adopt an ordinance providing that the mayor shall appoint, with the advice and consent of the council, a chief administrative officer to coordinate and direct the operations of the various departments and functions of municipal government. Such chief administrative officer shall serve at the pleasure of the mayor and shall possess such qualifications and experience as shall be set out in the aforesaid ordinance. It shall not be necessary for a mayor elected to a successive term to resubmit his or her chief administrative officer for confirmation. The * * * chief administrative officer shall be answerable solely to the mayor in the performance of his or her functions and shall be subject to dismissal at the pleasure of the mayor and shall be excluded from the coverage of any ordinance or general law providing for a civil service system in the municipality.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.