MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Municipalities
By: Representatives Holland, Bennett, Dixon
AN ACT TO AMEND SECTION 21-3-3, MISSISSIPPI CODE OF 1972, TO REMOVE THE CITY OR TOWN CLERK AS AN ELECTIVE OFFICER IN MUNICIPALITIES OPERATING UNDER A CODE CHARTER AND TO PROVIDE THAT SUCH OFFICER SHALL BE APPOINTED BY THE GOVERNING AUTHORITIES OF THE MUNICIPALITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-3-3, Mississippi Code of 1972, is amended as follows:
21-3-3. The elective
officers of all municipalities operating under a code charter shall be the
mayor, the aldermen, municipal judge, the marshal or chief of police,
the tax collector * * *
and the tax assessor * * *. However, the
governing authorities of the municipality shall have the power, by ordinance,
to combine the office of clerk or marshal with the office of tax collector
and/or tax assessor. Such governing authorities shall have the further power
to provide that all or any of such officers, except those of mayor and
aldermen, shall be appointive, in which case the marshal or chief of police,
the tax collector, the tax assessor, and the city or town clerk, or such of
such officers as may be made appointive, shall be appointed by the * * * such governing authorities. Any
action taken by the governing authorities to make any of such offices
appointive shall be by ordinance of such municipality, and no such ordinance
shall be adopted within ninety (90) days prior to any regular general election
for the election of municipal officers. No such ordinance shall become
effective during the term of office of any officer whose office shall be
affected thereby. If any such office is made appointive, the person appointed
thereto shall hold office at the pleasure of the governing authorities and may
be discharged by such governing authorities at any time, either with or without
cause, and it shall be discretionary with the governing authorities whether or
not to require such person appointed thereto to reside within the corporate
limits of the municipality in order to hold such office.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.