Bill Text: MS HB1433 | 2016 | Regular Session | Introduced


Bill Title: Mayoral appointments of departmental directors; require to take place within 3 months of taking office.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-23 - Died In Committee [HB1433 Detail]

Download: Mississippi-2016-HB1433-Introduced.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Municipalities

By: Representative Barker

House Bill 1433

AN ACT TO AMEND SECTION 21-8-23, MISSISSIPPI CODE OF 1972, TO REQUIRE MAYORS, WITHIN THE MAYOR-COUNCIL FORM OF GOVERNMENT, TO APPOINT DEPARTMENTAL DIRECTORS WITHIN THREE MONTHS OF BEING ELECTED TO THE OFFICE OF MAYOR; TO AMEND SECTION 21-8-25, 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 21-8-23, 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 within three (3) months of the mayor's taking office 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 2.  Section 21-8-25, Mississippi Code of 1972, is amended as follows:

     21-8-25.  The council of any municipality adopting the mayor-council form of government may, within its discretion, adopt an ordinance providing that the mayor shall appoint within three (3) months of taking office as mayor, with the advice and consent of the council, a chief administrative officer to coordinate and direct the operations of the various departments and functions of municipal government; such chief administrative officer shall serve at the pleasure of the mayor and shall possess such qualifications and experience as shall be set out in the * * *aforesaid such ordinance.  The * * *said chief administrative officer shall be answerable solely to the mayor in the performance of his or her functions and shall be subject to dismissal at the pleasure of the mayor and shall be excluded from the coverage of any ordinance or general law providing for a civil service system in the municipality.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2016.


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