Senate Bill 2720

AN ACT TO AMEND SECTION 21-8-23, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT AN INCUMBENT MAYOR WHO SUCCEEDS HIMSELF MUST REAPPOINT AND SUBMIT FOR COUNCIL APPROVAL ANY DEPARTMENT HEAD THE MAYOR DESIRES TO CONTINUE TO SERVE IN THAT CAPACITY; 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 the meeting. Each director shall serve during the term of office of the mayor appointing him, and until the appointment and qualification of his successor. There shall be no restriction upon a department director's eligibility to succeed himself, except that the director shall be reappointed by the mayor for a new term and reconfirmed by an affirmative vote of a majority of the council present and voting at the meeting.

(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 the 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, the 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 the 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 but 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. This act shall take effect and be in force from and after July 1, 2006.