MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Municipalities

By: Senator(s) Harkins, Jackson (11th), Jordan

Senate Bill 2536

(As Passed the Senate)

AN ACT TO AMEND SECTION 21-15-41, MISSISSIPPI CODE OF 1972, TO CLARIFY THE SERVICE LIMITATION PERIOD FOR MUNICIPAL APPOINTEES SERVING IN AN INTERIM OR HOLD-OVER CAPACITY; TO PROVIDE THAT THE SERVICE LIMITATION SHALL APPLY RETROACTIVELY TO SUCH APPOINTEES SERVING ON THE EFFECTIVE DATE OF THIS ACT; TO AMEND SECTION 21-8-23, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 21-15-41, Mississippi Code of 1972, is amended as follows:

     21-15-41.  (1)  No person shall serve in an interim or hold-over capacity for longer than one hundred eighty (180) days * * *after the expiration of the term to which he or she was appointed in a position that is required by law to be filled by appointment of the governing body of a municipality, or by mayoral appointment with the advice and consent of the council or aldermen * * *, including positions on boards, commissions or authorities. * * *(2)  If such position is not filled within one hundred eighty (180) days after the expiration of the position's term, or within one hundred eighty (180) days after the date of appointment if an interim appointment, the hold-over service or interim appointment shall terminate and no municipal funds may thereafter be expended to compensate * * *any the person serving in the position.  Further, any action or vote taken by such person after the one-hundred-eighty-day period shall be invalid and without effect.  If a council or board of aldermen rejects, or otherwise fails to confirm, an individual submitted by the mayor for appointment, the mayor may not resubmit or reappoint the same individual for that position during the remainder of the mayor's current term in office.

(2)  It is the intent of the Legislature that the provisions of this section shall apply retroactively to all appointees serving in a hold-over or interim capacity on the effective date of this act and for such appointees, the one hundred eighty-day limitation period shall commence to run on the effective date of this act.

     SECTION 2.  Section 21-8-23, Mississippi Code of 1972, is amended as follows:

     21-8-23.  (1)  The municipality may have a department of administration and such other departments as the council may establish by ordinance.  All of the administrative functions, powers and duties of the municipality shall be allocated and assigned among and within such departments.

     (2)  Each department shall be headed by a director, who shall be appointed by the mayor and confirmed by an affirmative vote of a majority of the council present and voting at any such meeting. Each director shall serve during the term of office of the mayor appointing him * * *, and until the appointment and qualification of his successor.

     (3)  The mayor may, in his discretion, remove the director of any department.  Directors of departments shall be excluded from the coverage of any ordinance or general law providing for a civil service system in the municipality; provided, however, all individuals serving as heads of departments at the time of the municipality's adoption of the mayor-council form as described in this chapter shall continue to be covered by the provisions of the civil service system in effect at the time the mayor-council form is adopted.

     (4)  Directors of departments shall appoint subordinate officers and employees within their respective departments and may, with approval of the mayor, remove such officers and employees subject to the provisions of any ordinance establishing a civil service system where that system is effective in the municipality, or other general law; provided, however, that the council may provide by ordinance for the appointment and removal of specific boards or commissions by the mayor.

     (5)  Whenever the city council is authorized by any provision of general law to appoint the members of any board, authority or commission, such power of appointment shall be deemed to vest in the mayor with the confirmation of an affirmative vote of a majority of the council present and voting at any meeting.

     (6)  The council shall also require all officers and employees handling or having the custody of any of the public funds of such municipality to give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in an amount to be determined by the council (which shall not be less than Fifty Thousand Dollars ($50,000.00)), the premium on which bonds shall be paid by the city.

     SECTION 3.  This act shall take effect and be in force from and after its passage.

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