MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Municipalities
By: Representatives Martinson, Bennett
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 * * * of a
municipality * * *
are authorized to employ an attorney as a full-time or part-time employee,
prescribe his duties and * * * pay reasonable compensation. * * * The municipal attorney may be * * *
compensated additionally for services and duties that the attorney
performs that are not required to be performed as part of the attorney's duties.
* * * The governing authorities 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. * * *
Should the services and
duties required of * * * 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 * * * majority vote, and on proper
finding spread upon its minutes, may increase the compensation of * * * the attorney for the remaining
portion of his term in * * * an amount * * * that the governing board may find and
adjudge to be fair and reasonable to compensate * * * 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 * * * municipal attorneys on the same
terms * * * and
conditions and compensation as now provided for employment of an attorney * * * provided
under in Section 21-15-25. * * *
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.