House Bill 134

AN ACT TO CLARIFY THAT THE SALARY OR COMPENSATION OF THE MAYOR, MEMBERS OF THE CITY COUNCIL OR BOARD OF ALDERMEN MAY BE DECREASED BY THE GOVERNING AUTHORITY OF THE MUNICIPALITY; TO PROVIDE THAT ANY REDUCTIONS OF SALARY OR COMPENSATION OF THE MAYOR, MEMBERS OF THE CITY COUNCIL OR BOARD OF ALDERMEN SHALL BE EQUAL IN PERCENTAGE AMOUNTS; TO AMEND SECTIONS 21-5-15, 21-7-7, 21-7-13, 21-8-21 AND 21-9-61, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 25-3-13, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT MEMBERS OF THE BOARDS OF SUPERVISORS MAY REDUCE THEIR OWN SALARIES; AND FOR RELATED PURPOSES.

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

SECTION 1. The salary or compensation of the mayor, and the salary or compensation of the members of the city council or board of aldermen, as applicable, of a municipality may be decreased by the governing authority of that municipality. A governing authority may not decrease the salary or compensation of the mayor unless it also decreases the salary or compensation of each member of the city council or board of aldermen, as applicable, and a governing authority may not decrease the salaries or compensation of the members of the city council or board of aldermen, as applicable, unless the salary or compensation of the mayor is decreased. Any salary or compensation decreases made under this section shall be in equal percentage amounts.

SECTION 2. Section 21-5-15, Mississippi Code of 1972, is amended as follows:

21-5-15. At the first regular meeting of the council that is first elected, or as soon thereafter as practicable, the council shall, by ordinance, fix the salary of the mayor and each of the councilmen (or commissioners). The ordinance shall not become operative until it is approved by a majority of the qualified electors voting at an election to be held for the purpose of fixing the salary of the mayor and each councilman (or commissioner). The ordinance shall be published in a newspaper that is published in such city, and having a general circulation in such city, for at least ten (10) days before the election, and notice of the date of the election shall be given by the council for ten (10) days by publication in a newspaper published in such city, and having general circulation in the city. If the ordinance is rejected by the electors at the election, then a new ordinance, or ordinances, may be passed by the council and submitted to the electors in like manner, until an ordinance to fix the salaries has been ratified by the electors. When an ordinance to fix the salaries has been finally adopted and approved, those salaries * * * shall remain in effect until altered or changed in the manner * * * provided in this section.

To reduce the salaries of the mayor and councilmen, (commissioners) the council shall adopt an ordinance to reduce such salaries. The ordinance to reduce the salaries of the mayor and councilmen shall become effective upon adoption, without the necessity of publication or of an election. However, the council shall not reduce the salary of the mayor unless it also reduces the salary of each member of the council, and the council shall not reduce the salaries of the members of the council unless it also reduces the salary of the mayor. Any salaries reduced under this section shall be reduced in equal percentage amounts.

To increase the salaries of the mayor and councilmen, an ordinance shall be duly adopted by the council, * * * published for ten (10) days in a newspaper published or having a general circulation in such city, and the ordinance shall not become effective until it is approved by a majority of the qualified electors of the city voting at an election * * * held for the purpose of approving or disapproving the salary increase. Notice of the election shall be given by the council for ten (10) days by publication in a newspaper published or having a general circulation in the city * * *, the last notice to appear not more than one (1) week before the date of the election.

Every officer or assistant, other than the mayor and councilmen, shall receive such salary or compensation as the council shall by ordinance provide. The salary or compensation of all other employees of such city shall be fixed by the council from time to time, as occasion may demand.

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

21-7-7. The governing body of any such municipality shall be a council, known and designated as such, consisting of seven (7) members. One (1) of the members shall be the mayor, having the qualifications as prescribed by Section 21-3-9, who shall have full rights, powers and privileges of other councilmen. The mayor shall be nominated and elected at large; the remaining councilmen shall be nominated and elected one (1) from each ward into which the city shall be divided. However, if the city be divided into less than six (6) wards, the remaining councilmen shall be nominated and elected at large. The councilmen, including the mayor, shall be elected for a term of four (4) years to serve until their successors are elected and qualified in accordance with the provisions of Section 21-11-7, said term commencing on the first Monday of January after the municipal election first following the adoption of the form of government as provided by this chapter.

The compensation for the members of the council * * * for the first year of operation under this chapter, shall be fixed by the board of mayor and aldermen holding office before the change in form of government. Thereafter, the amount of compensation for each such member may be increased or decreased by the council. However, the council shall not decrease the compensation for the members of the council unless it also decreases the compensation of the mayor, and the council shall not decrease the compensation of the mayor unless it also decreases the compensation of each member of the council. Any compensation decreases made under this section shall be in equal percentage amounts.

SECTION 4. Section 21-7-13, Mississippi Code of 1972, is amended as follows:

21-7-13. The powers and duties * * * conferred upon the mayor of municipalities by law are hereby conferred upon and charged to the council. 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 for any veto, of any measure passed by the council, although a measure vetoed may be adopted notwithstanding, if two-thirds (2/3) of the council vote to adopt; (b) represent the municipality in all functions political, social or economic, but he shall in no manner 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. The amounts of compensation of the mayor and vice mayor may be increased or decreased by the council. However, the council shall not decrease the amounts of compensation of the mayor and vice mayor unless it also decreases the compensation of each member of the council, and the council shall not decrease the amounts of compensation of the members of the council unless it also decreases the amounts of compensation of the mayor and vice mayor. Any compensation decreases made under this section shall be in equal amounts.

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

21-8-21. (1) The mayor and the members of the council shall be qualified electors of the municipality. The compensation for the mayor and the members of the council shall be set by the council. After the salaries of the first mayor and first council have been determined by the council of any municipality electing to come under the provision of this chapter, such salaries shall be effective immediately. Thereafter, any increases * * * in the salary for the mayor or councilmen may be authorized by the council at any time prior to ninety (90) days before the next general election for the selection of municipal officers. Such increases * * * shall not become effective until the next elected mayor and council takes office. However, any decreases in the salary of the mayor or members of the council may be authorized at any time. However, the council shall not decrease the salary of the mayor unless it also decreases the salaries of the members of the council, and the salaries of the members of the council shall not be decreased unless the salary of the mayor is decreased. Any salary decreases made under this subsection shall be equal in percentage amount.

(2) The salary of the mayor, councilmen and all employees of such municipality shall be paid at such periods as may be fixed by the council, but not less frequently than once a month; however, no salaries or wages shall be paid to any officer or employee of such municipality until after the same shall have been earned. Every officer or employee of the municipality shall receive such a salary of compensation as the council shall by ordinance provide, and the salary compensation of all employees of such municipality shall be fixed by the council from time to time, as occasion may demand.

(3) The city council shall have the power and authority to provide for and pay to any member of the police department or fire department of such municipality additional compensation for services and duties performed by any such member over and above the usual and regular number of days and hours per week or month ordinarily worked by such member. Nothing herein contained shall be construed to relieve any such member of the police department or fire department from being subject to call for duty on a twenty-four-hour basis whether or not additional compensation is paid. Provided, however, that no policeman or fireman shall perform any duties or other work during regular working hours for any person or association, group or drive, or during hours for which he is being paid for the performance of official duties as policeman or fireman.

SECTION 6. Section 21-9-61, Mississippi Code of 1972, is amended as follows:

21-9-61. The compensation of mayor and councilmen in cities operating under the council-manager plan shall be fixed by ordinance of the council. Any increase or decrease in the compensation of the mayor and council shall be done by ordinance of the council. However, the council shall not decrease the compensation of the mayor unless it also decreases the compensation of each member of the council, and the council shall not decrease the compensation of the councilmen unless the compensation of the mayor is decreased. Any compensation decreases made under this section shall be equal in percentage amount.

SECTION 7. Section 25-3-13, Mississippi Code of 1972, is amended as follows:

25-3-13. (1) The salaries of the members of the boards of supervisors of the various counties are fixed as full compensation for their services.

The annual salary of each member of the board of supervisors shall be based upon the total assessed valuation of his respective county for the preceding taxable year in the following categories and for the following amounts:

(a) For counties having a total assessed valuation of less than Thirty Million Dollars ($30,000,000.00), a salary of Twenty-nine Thousand Dollars ($29,000.00);

(b) For counties having a total assessed valuation of at least Thirty Million Dollars ($30,000,000.00), but less than Fifty Million Dollars ($50,000,000.00), a salary of Thirty-two Thousand Three Hundred Dollars ($32,300.00);

(c) For counties having a total assessed valuation of at least Fifty Million Dollars ($50,000,000.00), but less than Seventy-five Million Dollars ($75,000,000.00), a salary of Thirty-three Thousand Seven Hundred Dollars ($33,700.00);

(d) For counties having a total assessed valuation of at least Seventy-five Million Dollars ($75,000,000.00), but less than One Hundred Twenty-five Million Dollars ($125,000,000.00), a salary of Thirty-four Thousand Seven Hundred Dollars ($34,700.00);

(e) For counties having a total assessed valuation of at least One Hundred Twenty-five Million Dollars ($125,000,000.00), but less than Three Hundred Million Dollars ($300,000,000.00), a salary of Forty Thousand Four Hundred Dollars ($40,400.00);

(f) For counties having a total assessed valuation of at least Three Hundred Million Dollars ($300,000,000.00), but less than One Billion Dollars ($1,000,000,000.00), a salary of Forty-four Thousand Seven Hundred Dollars ($44,700.00);

(g) For counties having a total assessed valuation of One Billion Dollars ($1,000,000,000.00), but less than Two Billion Dollars ($2,000,000,000.00), a salary of Forty-five Thousand Seven Hundred Dollars ($45,700.00);

(h) For counties having a total assessed valuation of Two Billion Dollars ($2,000,000,000.00) or more, a salary of Forty-six Thousand Seven Hundred Dollars ($46,700.00).

(2) The annual salary established for the members of the board of supervisors by this section may be decreased by the members of the board of supervisors. The board of supervisors shall pass a resolution stating the amount of the decrease and spread it on its minutes.

(3) The salary of the members of the board of supervisors shall not be increased under this section until the board of supervisors shall have passed a resolution stating the amount of the increase and spread it on its minutes.

SECTION 8. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 9. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.