MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Appropriations

By: Representative Smith (39th)

House Bill 1256

(As Passed the House)

AN ACT TO AMEND SECTION 7-7-203, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION OF LAW REGARDING THE ORGANIZATION OF THE OFFICE OF THE STATE AUDITOR; TO PROVIDE THAT THERE WILL BE A FINANCIAL AND COMPLIANCE DIVISION AND AN INVESTIGATIONS DIVISION, EACH WITH A DIRECTOR; TO PROVIDE THAT THE AUDITOR MAY APPOINT OR EMPLOY PROFESSIONALS AND ASSISTANTS, OR CONTRACT FOR SERVICES, AS NECESSARY TO CARRY OUT THE DUTIES OF THE AUDITOR; TO ELIMINATE THE REQUIREMENT THAT ADMINISTRATIVE, TECHNICAL AND PROFESSIONAL ASSISTANTS BE QUALIFIED UNDER A MERIT SYSTEM ESTABLISHED BY THE AUDITOR; TO DELETE THE RESTRICTION THAT THE AUDITOR MAY NOT DISCHARGE ANY EMPLOYEE COVERED BY THE MERIT SYSTEM, EXCEPT FOR CERTAIN ACTS COMMITTED IN VIOLATION OF THE MERIT SYSTEM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 7-7-203, Mississippi Code of 1972, is amended as follows:

7-7-203.  The State Auditor shall appoint a director for the financial and compliance division and a director for the investigations division of the department * * *who shall be responsible for its management and the execution of his policies, provided that such.  The director of the financial and compliance division shall be a certified public accountant of recognized executive ability and thoroughly familiar with the laws of the state in relation to the financial administration of the public offices thereof.  The director of the investigations division shall be a certified law enforcement officer of recognized executive ability and shall be thoroughly familiar with the laws of the state in relation to the financial administration of the public offices thereof.

The * * *director shall have authority and it shall be his duty to select, with the concurrence of the State Auditor * * *, all administrative, technical, and professional  may appoint deputy auditors; employ attorneys, certified public accountants and other assistants * * *, including an assistant director,; or contract for any services necessary to carry out the provisions of this article * * *, provided, however, that all such assistants shall be employed only after they have qualified under the terms of a merit system, which the State Auditor and director shall establish covering all personnel of the department and shall adopt and enforce all necessary rules and regulations to maintain.  It shall be the duty of each successive incumbent in the Office of State Auditor to maintain said merit system as previously established, and he shall not replace or discharge any employee then covered thereby except for dereliction of duty or other acts and deeds committed in violation of the rules and regulations thereof.  Any expense incurred incident to the maintenance of the merit system shall be paid out of the Department of Audit Fund.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.

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