Senate Bill 2912

AN ACT TO REQUIRE THE STATE PERSONNEL BOARD TO DEVELOP A PROGRAM TO PROVIDE TO COMPENSATION AND CLASSIFICATION PARITY BETWEEN WILDLIFE CONSERVATION OFFICERS AND OTHER STATE SWORN LAW ENFORCEMENT OFFICERS; TO AMEND SECTIONS 49-1-13 AND 49-4-6, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. The State Personnel Board shall develop a program to provide and maintain compensation and classification parity between wildlife sworn law enforcement officers and other sworn law enforcement officers of state agencies.

SECTION 2. Section 49-1-13, Mississippi Code of 1972, is amended as follows:

49-1-13. The director is hereby authorized and directed to appoint as many conservation officers as may be required to efficiently enforce the laws for the protection of wild animals, birds and fish, and the laws relating to theft of cattle, trespass prohibitions and litter. These officers shall be located in different sections of the state where their services are most needed. Conservation officers shall police the state lands in their respective districts and prohibit the unlawful cutting of timber. The salary of the conservation officers shall be as determined by the State Personnel Board, or its successor and shall be commensurate with that of other sworn law enforcement officers of state agencies.

Each conservation officer and supervisor shall be furnished an allowance for uniforms not to exceed the amount specified in the appropriation bill.

SECTION 3. Section 49-4-6, Mississippi Code of 1972, is amended as follows:

49-4-6. (1) There is hereby created the Mississippi Department of Wildlife, Fisheries and Parks, whose principal office shall be located in Jackson, Mississippi.

(2) The department shall be headed by an executive director who shall be appointed by the Governor. The commission shall submit to the Governor three (3) qualified nominees for the position of executive director. The Governor shall appoint the executive director from the list of qualified nominees submitted with the advice and consent of the Senate. The executive director may assign those powers and duties as deemed appropriate to carry out the department's lawful functions. Upon recommendation by the Governor to the commission, the executive director may be removed from office only by both a majority vote of the membership of the commission and the Governor's approval of the removal. To remove the executive director the commission must determine on sound evidence that there is good cause for removal such as willful dereliction in carrying out the duties of executive director, obvious malfeasance in his actions as executive director or conviction of any criminal act. After the determination is made by the commission that the executive director should be removed from office, the commission shall notify the Governor of its determination and the Governor must approve that determination before the executive director is actually removed from office.

(3) The executive director shall appoint heads, who will serve at the pleasure of the executive director.

(4) The executive director shall have the authority to organize the department as deemed appropriate to carry out the responsibilities of the department. The organizational charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.

(5) The executive director shall develop and implement a merit promotion system for all sworn law enforcement officers. Promotion to higher rank shall be based on an individual's merit and length of service. The executive director shall implement the merit promotion system before July 1, 1995. The executive director shall implement the program of the State Personnel Board to maintain parity between wildlife sworn law enforcement officers and other sworn law enforcement officers of other state agencies.

SECTION 4. This act shall take effect and be in force from and after July 1, 2007.