House Bill 220

AN ACT TO AMEND SECTION 21-15-25, MISSISSIPPI CODE OF 1972, TO CLARIFY THE LENGTH OF TIME THAT A MUNICIPAL ATTORNEY MAY SERVE AFTER BEING APPOINTED BY THE GOVERNING AUTHORITIES OF A MUNICIPALITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-15-25, Mississippi Code of 1972, is amended as follows:

21-15-25. The governing authorities may * * * appoint an attorney at law who is terminable at will for the municipality, prescribe his or her duties and fix his or her compensation, and/or they may employ counsel to represent the interest of the municipality, should the occasion require. For services and duties which the regular city attorney is not required to perform as a result of his or her employment as such, and which are not covered by the regular compensation paid to him or her, such municipal attorney may be employed and compensated additionally. In cases where an attorney, whether he or she is the regular municipal attorney or another, shall be employed in the matter of issuing or refunding of bonds and the drafting of all orders and resolutions in connection therewith, the governing authorities shall have the power to pay reasonable compensation to such attorney, but in no instance shall such compensation so paid exceed one percent (1%) of the bonds issued or refunded; however, where the regular contract of employment and compensation paid to the municipal attorney covers and includes services in connection with the issuing or refunding of bonds, then such regular municipal attorney shall not be paid additional compensation for such services.

Should the services and duties required of a regular municipal attorney at any time become greater than that anticipated by the governing authorities at the time of his or her appointment, the governing authorities, by unanimous vote, and on proper finding, may increase the compensation of such attorney in such amount as the governing board may find and adjudge to be fair and reasonable to compensate the attorney for his or her excessive and unanticipated services and duties.

SECTION 2. This act shall take effect and be in force from and after its passage.