House Bill 1192

(COMMITTEE SUBSTITUTE)

AN ACT TO PROVIDE THAT IF THE GOVERNING AUTHORITIES OF A MUNICIPALITY HIRES A PART-TIME LAW ENFORCEMENT OFFICER, THEN SUCH OFFICER SHALL ONLY RECEIVE THE COMPENSATION PRESCRIBED BY STATE LAW; TO REQUIRE THE MAYOR, CITY CLERK AND POLICE CHIEF TO PROVIDE CERTAIN NOTICE TO THE BOARD OF ALDERMEN OR CITY COUNCIL, AS THE CASE MAY BE, WHEN A PART-TIME OFFICER HAS REACHED THE MAXIMUM AMOUNT OF COMPENSATION ALLOWED BY STATE LAW; TO PROVIDE THAT IF A BOARD OF ALDERMEN OR CITY COUNCIL VOTES TO PAY A PART-TIME LAW ENFORCEMENT OFFICER IN EXCESS OF WHAT STATE LAW REQUIRES, THEN THE INDIVIDUAL MEMBERS OF A BOARD OF ALDERMEN OR CITY COUNCIL SHALL BE HELD PERSONALLY LIABLE FOR ANY AMOUNTS PAID IN EXCESS OF WHAT A PART-TIME LAW ENFORCEMENT OFFICER RECEIVES; TO BRING FORWARD SECTIONS 21-8-21 AND 21-9-65, MISSISSIPPI CODE OF 1972, WHICH PERTAIN THE MAYOR-COUNCIL-MANAGER PLAN FORMS OF GOVERNMENT, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) If the governing authorities of a municipality appoints or employs a part-time law enforcement officer, as defined in Section 45-6-3(d), then such officer shall only be compensated in the amount prescribed in that section.

(2) The police chief of a municipality shall not schedule a part-time law enforcement officer to work in excess of the time and compensation prescribed under Section 45-6-3(d).

(3) In an effort to ensure that the compensation prescribed for a part-time law enforcement officer is adhered to, the mayor, clerk and chief of police of a municipality shall provide written notice to the board of aldermen or city council, as the case may be, if a part-time law enforcement officer has reached his or her maximum compensation as prescribed in Section 45-6-3(d) for duties performed as a part-time law enforcement officer. Such written notice shall be provided at least ten (10) business days before the claims docket is sought for approval by the board of aldermen or city council.

(4) If the board of aldermen or city council votes to provide compensation in excess of the amount prescribed in Section 45-6-3(d) for a part-time law enforcement officer after such board or council is provided notice, as required under subsection (3), then an alderperson or city council member who votes for the excess compensation shall be held personally liable for the amount that exceeds the maximum compensation that is prescribed for a part-time law enforcement officer under Section 45-6-3(d).

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

21-8-21. (1) The mayor and the members of the council shall be qualified electors of the municipality. The compensation for the mayor and the members of the council shall be set by the council. After the salaries of the first mayor and first council have been determined by the council of any municipality electing to come under the provision of this chapter, such salaries shall be effective immediately. Thereafter, any increases or decreases in the salary for the mayor or councilmen may be authorized by the council at any time prior to ninety (90) days before the next general election for the selection of municipal officers. Such increases or decreases shall not become effective until the next elected mayor and council takes office.

(2) The salary of the mayor, councilmen and all employees of such municipality shall be paid at such periods as may be fixed by the council, but not less frequently than once a month; however, no salaries or wages shall be paid to any officer or employee of such municipality until after the same shall have been earned. Every officer or employee of the municipality shall receive such a salary of compensation as the council shall by ordinance provide, and the salary compensation of all employees of such municipality shall be fixed by the council from time to time, as occasion may demand.

(3) The city council shall have the power and authority to provide for and pay to any member of the police department or fire department of such municipality additional compensation for services and duties performed by any such member over and above the usual and regular number of days and hours per week or month ordinarily worked by such member. Nothing herein contained shall be construed to relieve any such member of the police department or fire department from being subject to call for duty on a twenty-four-hour basis whether or not additional compensation is paid. Provided, however, that no policeman or fireman shall perform any duties or other work during regular working hours for any person or association, group or drive, or during hours for which he is being paid for the performance of official duties as policeman or fireman.

SECTION 3. Section 21-9-63, Mississippi Code of 1972, is brought forward as follows:

21-9-63. The salary of the mayor, councilmen and all officers and assistants holding any office created by this chapter or by ordinance shall be paid in monthly installments on the first business day of each month, and the salaries or wages of all other employees of such city shall be paid at such periods as may be fixed by the council. No salaries or wages shall be paid to any officer or employee of such city until after the same shall have been earned.

Every officer or assistant, other than the mayor and councilmen, shall receive such salary or compensation as the council shall by ordinance, provide, and the salary compensation of all other employees of such city shall be fixed by the council from time to time, as occasion may demand.

The city council of any city operating under the provisions of this chapter shall have the power and authority to provide for and pay to any member of the police department or fire department of such city additional compensation for services and duties performed by any such member over and above the usual and regular number of days and hours per week or month ordinarily worked by such member. Any additional compensation so paid shall be computed on the basis of the compensation regularly paid to such members of the police or fire department. Nothing herein contained shall be construed to relieve any such member of the police department or fire department from being subject to call for duty on a twenty-four hour basis whether or not additional compensation is paid.

SECTION 4. This act shall take effect and be in force from and after July 1, 2018.