House Bill 938

AN ACT TO AUTHORIZE ANY GOVERNMENTAL ENTITY TO ESTABLISH A FIRST RESPONDERS INCENTIVE PROGRAM; TO REQUIRE A GOVERNMENTAL ENTITY ELECTING TO ESTABLISH AN INCENTIVE PROGRAM TO ADOPT A RESOLUTION OR ORDINANCE OR REGULATION 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) Any governmental entity in its discretion, may establish a First Responders Incentive Program to recognize police officers, firefighters and other workers for exemplary performance and achievement.

As used under this act, "first responders" means state and local law enforcement personnel, fire department personnel, emergency medical personnel, emergency management personnel and public works personnel who may be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters and emergencies.

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

(a) Which department or office of the governmental entity 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 or state 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 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 governmental entity determines is 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 governmental entity, in its discretion, may authorize the awarding of a salary supplement to employees selected for recognition under the First Responders Incentive Program. A salary supplement awarded to an employee under the program may be paid from any funds available to the governmental entity other than state funds; provided, however, if the governmental entity is the state, then state funds may be used. 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 governmental entity shall establish the terms of payment of the salary supplement, which, in its 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, 2022.