House Bill 1118

AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF A COUNTY OR MUNICIPALITY TO ESTABLISH A FIRST RESPONDERS AND ESSENTIAL WORKERS INCENTIVE PROGRAM; TO REQUIRE A COUNTY OR MUNICIPALITY ELECTING TO ESTABLISH AN INCENTIVE PROGRAM TO ADOPT A RESOLUTION OR ORDINANCE SETTING FORTH CERTAIN REQUIREMENTS FOR THE PROGRAM; TO AUTHORIZE THE PAYMENT OF A SALARY SUPPLEMENT TO EMPLOYEES SELECTED FOR RECOGNITION UNDER THE PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The governing authorities of a county or municipality, in their discretion, may establish a First Responders and Essential Workers Incentive Program to recognize police officers, firefighters and other essential workers for exemplary performance and achievement.

(2) A county or municipality electing to establish a First Responders and Essential Workers Incentive Program authorized under this section shall adopt a resolution or ordinance creating the program, which must be spread upon the minutes of the governing authorities. The resolution or ordinance must include, at a minimum, provisions addressing the following:

(a) Which department or office of the county or municipality is responsible for the administration of the program;

(b) An explanation of how the program works, including how employees may be identified for recognition under the program;

(c) A description of how decisions will be made on whether or not an employee recommended for recognition qualifies for the recognition, and if so, the amount of any salary supplement to be granted to that employee;

(d) A clear description of which employment positions are entitled to receive recognition under the program;

(e) Examples of employee achievements which merit recognition under the program, including, but not limited to:

(i) Successful completion of additional academic college coursework that is relevant to the person's job while that person is employed by the county or municipality as a police officer, firefighter or other essential worker;

(ii) Attainment of certification through a nonmandatory professional class or program offered to police officers, firefighters or other essential workers;

(iii) Exemplary job performance, supported by employee performance evaluations;

(iv) Heroic or exemplary service or commitment beyond the requirements of the job during a public emergency or disaster; and

(v) Such other acts or achievements described in the resolution or ordinance;

(f) Rules establishing limitations, if any, on the number of times a person may be recognized under the program, and if allowed, specific rules relating to the maximum number of times or frequency that an employee may be selected for recognition; and

(g) Any other rules that the governing authorities determine are essential to creating a program that is able to be operated in a fair, unbiased manner for all employees qualified for recognition.

(3) In order to incentivize employees to perform at their highest ability, the governing authorities of a county or municipality, in their discretion, may authorize the awarding of a salary supplement to employees selected for recognition under the First Responders and Essential Workers Incentive Program. A salary supplement awarded to an employee under the program may be paid from any funds available to the county or municipality other than state funds. A salary supplement may not exceed an amount equal to five percent (5%) of that employee's annual salary in effect on the date the employee is granted recognition under the program. The governing authorities shall establish the terms of payment of the salary supplement, which, in their discretion, may be made as a lump sum payment or over a period of time. A supplement paid to an employee under this section may not be considered earned compensation for purposes of participation in the Public Employees' Retirement System.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.