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; 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 full-time or part-time * * * attorneys at law
for the municipality, prescribe * * * their duties and fix * * *
their 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 municipal attorney may
be employed and compensated additionally. 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 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 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 vote, and on proper finding, may increase the compensation of such attorney for the remaining portion of his term in such amount as the governing board may find and adjudge to be fair and reasonable to compensate said attorney for his excessive and unanticipated services and duties.
SECTION 2. Section 21-23-5, Mississippi Code of 1972, is amended as follows:
21-23-5. In any
municipality having a population of less than ten thousand (10,000) according
to the latest available federal census, it shall be discretionary with the
governing authorities of the municipality as to whether or not a municipal
judge or a prosecuting attorney, or both, shall be appointed. If the
authorities of any municipality having a population of less than twenty
thousand (20,000) according to the latest available federal census appoint a
municipal judge, he * * *
shall be a licensed attorney * * * of the State of Mississippi or a justice court
judge of * * *
the county * * *.
The mayor or mayor pro tempore shall not serve as a municipal judge.
* * *
SECTION 3. This act shall take effect and be in force from after its passage.