House Bill 1176

AN ACT TO AMEND SECTION 21-3-15, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE MAYOR AND BOARD OF ALDERMEN IN A CODE CHARTER FORM OF GOVERNMENT BY MAKING THE MAYOR THE SUPERINTENDING CONTROL OF ALL OFFICERS AND AFFAIRS OF A MUNICIPALITY; TO AMEND SECTION 21-7-13, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE MAYOR AND COUNCIL IN THE COUNCIL FORM OF GOVERNMENT IN CONFORMITY THERETO; TO AMEND SECTION 21-7-11, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 21-8-17, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE MAYOR IN THE MAYOR-COUNCIL FORM OF GOVERNMENT, IN CONFORMITY THERETO; TO AMEND SECTION 21-8-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-3-15, Mississippi Code of 1972, is amended as follows:

21-3-15. (1) The mayor shall preside at all meetings of the board of aldermen, and in case there shall be an equal division, he shall give the deciding vote. The authority of the mayor is executive and shall have superintending control of all the officers and affairs of the municipality, and he or she shall ensure that the laws and ordinances are executed. The authority of the board of aldermen is legislative and is executed by a vote within a legally called meeting of the board of aldermen. No member of the board of aldermen shall give orders to any employee or subordinate of a municipality.

The board of aldermen shall deal with the municipal departments and personnel solely through the mayor.

(2) Ordinances adopted by the board of aldermen shall be submitted to the mayor. The mayor shall, within ten (10) days after receiving any ordinance, either approve the ordinance by affixing his signature thereto, or return it to the board of aldermen by delivering it to the municipal clerk together with a written statement setting forth his objections thereto or to any item or part thereof. No ordinance or any item or part thereof shall take effect without the mayor's approval, unless the mayor fails to return an ordinance to the board of aldermen prior to the next meeting of the board, but no later than fifteen (15) days after it has been presented to him, or unless the board of aldermen, upon reconsideration thereof on or after the third day following its return by the mayor, shall, by a vote of two-thirds (2/3) of the members of the board, resolve to override the mayor's veto.

(3) The term "ordinance" as used in this section shall be deemed to include ordinances, resolutions and orders.

SECTION 2. Section 21-7-13, Mississippi Code of 1972, is amended as follows:

21-7-13. The powers and duties heretofore conferred upon the mayor of municipalities by law are hereby conferred upon and charged to the council, except as otherwise provided by law. The authority of the mayor is executive and shall have superintending control of all the officers and affairs of the municipality, and he or she shall ensure that the laws and ordinances are executed. The mayor, or in his absence the vice mayor, shall (a) as chairman preside at all meetings of the council, and shall have veto power, in writing, giving his reasons therefor, of any measure passed by the council, although a measure vetoed may be adopted notwithstanding, if two-thirds (2/3) of the council vote therefor; (b) represent the municipality in all functions political, social or economic, but he shall in no wise bind the municipality, other than as he may be specifically authorized or delegated to do by the council, as reflected by its orders, resolutions or ordinances; (c) execute for and on behalf of the council, all documents or instruments of writing, of whatever kind and character, under the seal of the municipality, when necessary or required; and (d) act for the municipality as directed by the council, in any manner and for any purpose which by any statute or law, because of its particular wording or meaning, provides for individual action of the mayor rather than body action of the council, wherein and whereby such right of action could not be properly or consistently exercised by the latter, all to the end that any such municipality coming under the provisions of this chapter shall not be denied any of the rights and privileges which any such municipality would enjoy except for the provisions of this chapter. The council shall fix the amount of compensation of the mayor and vice mayor, for their additional duties as such, which compensation shall be in addition to their compensation as councilmen.

SECTION 3. Section 21-7-11, Mississippi Code of 1972, is amended as follows:

21-7-11. The full and complete * * * legislative powers of the municipality as vested by law, or inherent, shall be vested in such council, except as otherwise provided by law. The council, however, may delegate such of its administrative functions as it deems proper and necessary to such officials so elected by it as provided in Section 21-7-15, and in addition may delegate administrative powers and functions to such other person or persons as may be selected by said council in order to carry out its functions, whether municipal or proprietary, which would permit the efficient administration of its municipal affairs. The authority of the council is legislative and is executed by a vote within a legally called meeting of the council. No member of the council shall give orders to any employee or subordinate of a municipality.

The council has the right to select, appoint or designate departmental heads, such as but not limited to superintendent of utilities, superintendent of public health and sanitation, superintendent of fire and safety, superintendent of parks and recreation, superintendent of public buildings and grounds, and such other departmental heads as the council may deem best and proper. However, the council shall deal with such municipal departments and personnel solely through the mayor. The council has the power to fix the compensation of all such persons so selected and to define their duties, obligations and responsibilities. The council shall also require all officers and employees handling or having the custody of any public funds of such city 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)). Any and all such persons so selected shall be accountable to the council and shall make report, or reports, to the council so often as is required of them respectively, and may be removed at any time for cause after first having been given an opportunity for a hearing on the reasons for removal. No member of the council shall be eligible for selection to any such office or position.

SECTION 4. Section 21-8-17, Mississippi Code of 1972, is amended as follows:

21-8-17. (1) The mayor shall enforce the charter and ordinances of the municipality and all general laws applicable thereto. He or she shall annually report to the council and the public on the work of the previous year and on the condition and requirements of the municipal government and shall, from time to time, make such recommendations for action by the council as he may deem in the public interest. He or she shall supervise all of the departments of the municipal government and shall require each department to make an annual report and such other reports of its work as he may deem desirable.

(2) The authority of the mayor is executive and shall have superintending control of all the officers and affairs of the municipality, and he or she shall ensure that the laws and ordinances are executed.

(3) Ordinances adopted by the council shall be submitted to the mayor and he or she shall, within ten (10) days (not including Saturdays, Sundays or holidays) after receiving any ordinance, either approve the ordinance by affixing his or her signature thereto or return it to the council by delivering it to the clerk of the council together with a statement setting forth his objections thereto or to any item or part thereof. No ordinance or any item or part thereof shall take effect without the mayor's approval, unless the mayor fails to return an ordinance to the council prior to the next council meeting, but no later than fifteen (15) days (not including Saturdays, Sundays or holidays) after it has been presented to him or her or unless the council upon reconsideration thereof not later than the tenth day (not including Saturdays, Sundays or holidays) following its return by the mayor, shall, by a vote of two-thirds (2/3) of the members present and voting resolve to override the mayor's veto.

(4) The mayor may attend meetings of the council and may take part in discussions of the council but shall have no vote except in the case of a tie on the question of filling a vacancy in the council, in which case he may cast the deciding vote.

SECTION 5. Section 21-8-13, Mississippi Code of 1972, is amended as follows:

21-8-13. (1) The authority of the council is legislative and is executed by a vote within a legally called meeting.

(2) The council shall appoint a clerk of the council and deputy clerks, as necessary, who shall compile the minutes and records of its proceedings, its ordinances and resolutions as this chapter requires, and perform such duties as may be required by law.

(3) At the end of each fiscal year, the council shall cause a full and complete examination of all the books, accounts and vouchers of the municipality to be made by a competent, independent accountant or accountants who shall be appointed by the council, and the report of said examination shall be typed or printed in pamphlet form. The council shall make available a copy of said pamphlet to all persons who shall apply therefor at the office of the municipal clerk and shall cause three (3) of the printed copies of said pamphlet for each fiscal year to be substantially bound in three (3) volumes which shall be kept and preserved as a record of the clerk's office. Said pamphlets shall be published as now provided by law.

(4) If, at the beginning of the first term of office of the first city council elected by any municipality under the provisions of this chapter, the appropriations for the expenditures for the municipal government for the current fiscal year shall have been made, the council shall have power by ordinance, to revise, repeal or change said appropriations and to make additional appropriations.

(5) The council shall deal with the municipal departments and personnel solely through the mayor and no council shall give orders to any employee or subordinate of a municipality.

SECTION 6. This act shall take effect and be in force from and after July 1, 2006.