MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Municipalities

By: Representatives Martinson, Bennett

House Bill 1236

AN ACT TO AMEND SECTION 21-15-25, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A MUNICIPALITY MAY EMPLOY A FULL-TIME OR PART-TIME ATTORNEY AS AN EMPLOYEE; TO PROVIDE THAT A MUNICIPALITY SHALL HAVE THE POWER TO PAY REASONABLE COMPENSATION TO ATTORNEYS WHO ARE EMPLOYED BY IT IN THE MATTER OF THE ISSUANCE OF BONDS AND THE DRAFTING OF ORDERS AND RESOLUTIONS CONNECTED WITH THE ISSUANCE OF THE BONDS; TO AMEND SECTION 21-15-27, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; 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 annually appoint an attorney-at-law for the  of a municipality * * *, are authorized to employ an attorney as a full-time or part-time employee, prescribe his duties and * * * fix his pay reasonable 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 employment as such, and which are not covered by the regular compensation paid him,such The municipal attorney may be * * * employed and compensated additionally for services and duties that the attorney performs that are not required to be performed as part of the attorney's duties. 

      * * * In cases where an attorney, whether same be 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 attorneys who are employed by it in the matter of the issuance of bonds and the drafting of orders and resolutions connected with the issuance of the bonds. * * *, 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 * * * regular municipal an attorney hired by the governing authorities of a municipality at any time during his term of office become greater than that anticipated by the governing authorities at the time of his appointment, the governing authorities, by * * * unanimous majority vote, and on proper finding spread upon its minutes, may increase the compensation of * * * such the attorney for the remaining portion of his term in * * * such an amount * * *as that the governing board may find and adjudge to be fair and reasonable to compensate * * * said the attorney for his excessive and unanticipated services and duties.

     SECTION 2.  Section 21-15-27, Mississippi Code of 1972, is amended as follows:

     21-15-27.  The municipal authorities of any city or town, in this state, in addition to the authority now conferred upon them by Section 21-15-25, may in their discretion employ a firm of attorneys to represent them as their * * *regular municipal attorneys on the same terms * * *, and conditions and compensation as now provided for employment of an attorney * * *as their regular attorney provided under in Section 21-15-25.  * * * However, there shall not be an attorney and a firm of attorneys employed at the same time as the regular attorney for such municipal authorities.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2013.