MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Municipalities; Accountability, Efficiency, Transparency
By: Senator(s) Wiggins
AN ACT TO ESTABLISH THE MISSISSIPPI MUNICIPAL TRAINING AND DEVELOPMENT ACT; TO PROVIDE MANDATORY EDUCATION, TRAINING AND PROFESSIONAL DEVELOPMENT FOR CERTAIN MUNICIPAL OFFICIALS; TO ESTABLISH THE MISSISSIPPI MUNICIPAL TRAINING AND DEVELOPMENT COMMITTEE WHICH SHALL DEVELOP THE CURRICULUM FOR THE MANDATORY EDUCATION PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For purposes of this section, "municipal official" means any person serving in the capacity of any of the following on behalf of a municipality: mayor, alderman, commissioner, council member or city manager.
(2) Except as otherwise provided herein, no municipal official elected or appointed for a full term of office commencing on or after July 1, 2020, shall exercise the functions of his or her office or be eligible to take the oath of office until he or she has filed in the office of the municipal clerk the following two (2) certifications: (a) a certificate of completion of a course of training and education approved by the Mississippi Municipal Training and Development Committee; and (b) a certificate of successful completion of a minimum competency examination administered by the entity or agency designated by the Mississippi Municipal Training and Development Committee within six (6) months of the beginning of the term for which such official is elected or appointed. A municipal official who has completed the course of training and education, passed the minimum competency examination, and has satisfied the annual continuing education course requirements, and who is then elected or appointed for a succeeding term of office subsequent to the initial term for which he or she completed the training course, shall not be required to repeat the basic training and education course upon reelection or appointment but shall be subject to the continuing education requirements.
(3) In addition to meeting the requirements of subsection (2) of this section, after taking office, each municipal official shall be required to file annually in the office of the municipal clerk a certificate of completion of a course of continuing education approved by the Mississippi Municipal Training and Development Committee.
(4) (a) Upon the failure of any municipal official to file with the municipal clerk the certificates of completion as provided in subsection (2) of this section, such municipal official shall, in addition to any other fine or punishment provided by law for such conduct, not be entitled to compensation for the period of time during which such certificates remain unfiled. If a municipal official has not filed the required certifications within eight (8) months of the inception of the term, that municipal official shall forfeit his office, his position shall be declared vacant, and the resulting vacancy shall be filled as provided by Section 23-15-857; however, a resulting vacancy in the position of city manager shall be filled as provided in Section 21-9-25.
(5) After December 1, 2020, and each year thereafter, each municipal clerk shall notify the Mississippi Municipal Training and Development Committee of the name of any municipal official who has not complied with the requirements of this act. The Mississippi Municipal Training and Development Committee shall not provide such municipal official with a certificate of completion of coursework until such time that the municipal official is in compliance with the training requirements of this act. Further, the municipal clerk shall report the names of all noncompliant municipal officials to the State Auditor.
SECTION 2. (1) For purposes of this section, the term "municipal official" shall have the meaning ascribed to it in Section 1 of this act.
(2) There is created the Mississippi Municipal Training and Development Committee which shall be composed of the following members:
(a) One (1) member from the Stennis Institute of Government at Mississippi State University to be designated by the director of the institute and who shall serve as chairperson of the committee.
(b) Three (3) members representing industries relevant to municipalities to be appointed by the Governor.
(c) Three (3) members who are current or former municipal officials to be appointed by the Lieutenant Governor.
(d) Three (3) members representing higher education to be appointed by the Speaker of the House.
(e) Two (2) members from the Mississippi Municipal League designated by its executive director.
(3) The purpose of the committee is to recommend a program of professional education for municipal officials. The program shall be offered at the beginning of each term of office for municipal officials and may be offered more frequently at the discretion of the committee. The committee shall design the curriculum of the program which may include courses offered by other entities in the state. At a minimum, the curriculum should include courses related to the following: municipal finance, separation of powers, emergency management, economic development, employer-employee relations, open meetings, zoning and planning, local and private laws, and interactions with state and federal governments.
(4) (a) The basic course of training shall be known as the "Municipal Official Training Course" and shall consist of eighty (80) hours of training. The continuing education course shall be known as the "Continuing Education Course for Municipal Officials," and shall consist of twenty-four (24) hours of training. The content of the basic and continuing education courses and when and where such courses are to be conducted shall be determined by the committee. The committee shall issue certificates of completion to those municipal officials who complete such courses.
(b) The committee shall prepare and administer, or designate another entity to administer, a minimum competency examination upon completion of the required basic course of training for municipal officials. If an elected municipal official fails to complete the examination or fails the examination, there shall be a remedial twenty-four-hour course to be followed by a second opportunity for the municipal official to achieve a passing score on the minimum competency examination.
(5) All costs and expenses for preparing and conducting the basic and continuing education courses, the remedial basic course, and the minimum competency examination provided for in subsection (1) of this section shall be paid out of any funds which are made available to the committee upon authorization and appropriation by the Legislature.
SECTION 3. This act shall take effect and be in force from and after July 1, 2019.