Municipal Governernment In Mississippi

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CENTER FOR GOVERNMENT AND COMMUNITY DEVELOPMENTMUNICIPALGOVERNMENTin MississippiSEVENTH EDITIONEXTENDING KNOWLEDGE. CHANGING LIVES.

Municipal Governmentin MississippiSeventh EditionSumner Davis and Jason Camp, EditorsContributorsMichael T. AllenJanet BairdRobert L. Barber, Sr.Tim BarnardParker BerryMallory K. BlandDana B. BrammerG. Todd ButlerJason CampThomas S. ChainElizabeth Lambert ClarkSumner DavisWilliam D. Eshee, Jr.Rodney FaverTom HoodTroy JohnstonSamuel W. Keyes, Jr.Kase KingeryKyle KirkpatrickMichael LanfordFrank McCainJerry L. MillsMariah Smith MorganJohn ScanlonKrista SorensonShari T. VeazeyJoe B. YoungWith Forewords by Gary Jackson, PhD, and Shari T. Veazey 2021Center for Government & Community DevelopmentMississippi State University Extension ServiceMississippi State, Mississippi 39762

2021. All rights reserved. No part of this book may be reproduced, stored in a retrieval system,or transcribed, in any form or by any means without the prior written permission of the Center forGovernment & Community Development, Mississippi State University Extension Service.This publication is designed to provide accurate and authoritative information regarding theorganization and operation of municipal government in Mississippi. It is distributed with theunderstanding that the editors, the individual authors, and the Center for Government &Community Development in the Mississippi State University Extension Service are not engagedin rendering legal, accounting, or other professional services. If legal advice or other expertassistance is required by the readers, the services of the Office of the Attorney General ofMississippi, the Office of the State Auditor of Mississippi, a municipal attorney, or some othercompetent professional should be sought.Discrimination based upon race, color, religion, sex, national origin, age, disability, or veteran’sstatus is a violation of federal and state law and MSU policy and will not be tolerated.Discrimination based upon sexual orientation or group affiliation is a violation of MSU policyand will not be tolerated.ii

TABLE OF CONTENTSTable of Contents . iiiForeword from the Mississippi State University Extension Service . viiiPreface.xContributors . xiiChapter I: Historical and Constitutional Development of the Municipality in Mississippi .1Development of Municipal Government in the United States .2A Brief Mississippi History .3Constitutional Development of Municipal Government in Mississippi .7Chapter II: Using the Mississippi Code of 1972, Annotated .9What is the Mississippi Code? .9Does the Code Contain the Latest Version of the Statutes? .9How Do I Find the Statutes on a Particular Subject?.9Chapter III: Functions and Powers .11Sources of Municipal Power in Mississippi.11Classification, Creation, Abolition, Expansion, and Forms of MunicipalGovernment.12General Powers and Home Rule .13General Administrative Matters .15Municipal Ordinances .15Emergency Management .17Health, Safety, and Welfare .17Police, Police Departments, and Municipal Courts .21Fire Departments and Districts .22Public Utilities and Transportation .22Streets, Parks, and Other Public Facilities .22Inter-Governmental Cooperation .23Chapter IV: Forms of Government .24Mayor-Board of Aldermen Form .24Commission Form .27Council-Manager Form .30Mayor-Council Form .32Chapter V: The Nature of the Municipal Corporation .37The Municipal Charter .37Municipal Powers .38Home Rule .38Home Rule Permits .47Home Rule Does Not Permit .53Sovereign Immunity.58iii

Classification, Creation, Abolition, and Expansion .65Classification.65Creation .66Annexation or Contraction .69Deannexation .74Combination .74Abolition .75Addendum A .77Legislative Sovereign Immunity in Mississippi .77Addendum B .78Overview of Annexation .78Pre-Annexation Planning .78Legal Requirements .84Trial Preparation .85Trial .86Post Trial .90Chapter VI: Officers, Boards, and Commissions.92Duties of Certain Municipal Officers .94Boards, Commissions, and Authorities .96Chapter VII: Open Meetings, Public Records, Conflicts of Interest .100Open Meetings Act .100Public Records Act .104Mississippi Ethics Laws .107The Complaint Procedure .115Confidential Records .116The Statement of Economic Interest .116Mississippi Ethics Commission .119Chapter VIII: Planning, Zoning, and Subdivision Control .120The Comprehensive Plan .120Zoning .122Subdivision Ordinances .128Chapter IX: Financial Administration .132State Laws and Regulations .133Budgeting .133Revenue Sources .135Expenditures .137Cash Management .139Municipal Depositories .140Accounting .140Property .141Internal Control .141Annual Audit .142State Auditor’s Services .142iv

Chapter X: Ad Valorem Tax Administration.144Property Assessment .144Classes of Property .144Audits and Responsibilities.145The Ad Valorem Tax Formula .146What is a Mill and How is it Used? .147Setting the Ad Valorem Tax Levy .147Purposes for Which Ad Valorem Taxes May be Levied .148Limits on the Levying of Ad Valorem Taxes .148Advertising Prerequisite to Budgeting Increased Ad Valorem Revenue.149Collection of Ad Valorem Taxes .149Special Ad Valorem Tax Exemptions.149Homestead Exemption .149Industrial Exemptions .150Free Port Warehouses .153Chapter XI: Purchasing .154Why Municipalities Make Purchases.154How Municipalities Make Purchases.154Municipal Purchasing Policies .154Purchasing/Leasing Real Property .156Bidding Purchases .156Bidder Qualifications .157Purchasing Bonds and Insurance .157Chapter XII: Municipal Bonds.158The Borrowing Process .158General Types of Municipal Bonds .159Borrowing Authority .160Legal Issues .162Commonly Used Terms .165Borrowing Authority Statutes .170Chapter XIII: Personnel Administration .173Federal Laws .173Title VII .173Americans With Disabilities Act .177Family and Medical Leave Act .181Genetic Information Nondiscrimination Act .184Title VI .185Title IX .186Age Discrimination in Employment Act .186Fair Labor Standards Act .188Equal Pay Act .215Uniformed Services Employment and Reemployment RightsAct of 1994 .217The Rehabilitation Act of 1973 and Mississippi Code Ann. ‘43-6-15 .220v

Consumer Credit Protection Act and the Bankruptcy ActAmendments of 1984 .222The Immigration Reform and Control Act .223Consolidated Omnibus Budget Reconciliation Act .226Executive Order No. 11246 .23042 U.S.C. Section 1981 .23142 U.S.C. Section1983 .233First Amendment .236Fourth Amendment .238Fourteenth Amendment .240Mississippi Statutes .243Mississippi Unemployment Compensation Law .243Mississippi’s Child Support and Wage Garnishment Laws .244Workers’ Compensation .245Anti-Strike Law .247Wrongful Discharge .248Chapter XIV: Records Management .252Basics of Records Management .253Implementing a Records Management Program.256Chapter XV: The Electoral Process .258Legal Authority .258Voter Registration .259Primary Elections .260General Elections .260Special Elections .261Candidate Qualifying Procedures .262Printing of Ballots .265Absentee Voting.266Poll Workers .269Resolution Board .270Poll Watchers .271Voter ID .271Challenges .273Voter Assistance .274Curbside Voting .275Examination of Boxes .275Contest of Election .276Chapter XVI: Municipal Courts.277Establishment and Jurisdiction of Municipal Courts .278Appointment of the Municipal Judge .279Powers and Duties of the Municipal Judge.279The Municipal Judge Pro Tempore.285The Municipal Prosecuting Attorney .286The Executive Officer of Municipal Court .286The Clerk of the Municipal Court .286vi

Disposition of Motor Vehicle and Traffic Offenses .288Disposition of Parking Violations .292Chapter XVII: Information Technology .294Creating a Plan .294Emergency Backup Plan .300Recovery Response Plan .302Public Request for Information Records.303Creating a Web Presence for the Municipality .303Chapter XVIII: Environmental Issues .306National Ambient Air Quality Standard .306Mississippi Air Quality Regulation .308Greenhouse Gas and Climate Change.312Environmental Justice .315Small Business Environmental Assistance Program .315Brownfield Redevelopment .316Underground Storage Tanks (Gasoline & Diesel) .318Public Water Supply .319Wastewater Treatment and Collection Systems .320On-Site Wastewater Disposal Systems (Septic Tanks) .320Water Pollution Control Project Funding .321Stormwater Permitting .321Solid Waste Management .322Solid Waste Grant and Assistance Programs .323Solid Waste Management Facilities.326Appendix I: The Center for Government & Community Development .332Appendix II: Certification Training Program for Municipal Clerks .337Appendix III: The Mississippi Municipal League .339Appendix IV: The Mississippi Municipal Service Company .342Appendix V: Selected Information About Mississippi Municipalities .344vii

FOREWORD FROM THE MISSISSIPPI STATE UNIVERSITYEXTENSION SERVICEThe Mississippi State University Extension Service is a vital, unbiased, research based, clientdriven organization. Extension is Mississippi State University’s lead unit for outreach andengagement, and is dedicated to delivering the information people need to make qualifieddecisions about their economic, social, and cultural well-being. As Director, I want to focus onthese core values, which are important to Mississippi State, our unit’s success and future, and,most importantly, our clientele. We will- Be honest, open and fair to everyone;Provide an advanced, up-to-date- knowledge base;Respond quickly with valid and consistent information;Work collectively as team of professionals; andMake a significant impact in the lives of Mississippians.Like the cities of our state, the Mississippi State University Extension Service exists to provideservices which improve the lives of Mississippians. In addition to the programs we provide in theareas of agriculture and natural resources, family and consumer education, 4-H youthdevelopment, and community resource development, the Extension Service, through the Centerfor Government & Community Development (GCD), provides three major types of services tolocal governments – education and certification programs for elected and appointed officials,specialized publications, and technical assistance.The GCD currently works in conjunction with the following associations of local governmentofficials to help meet and fulfill their educational needs: Mississippi Association of Supervisors,Mississippi Municipal League, Mississippi Association of County Board Attorneys, MississippiMunicipal Clerks and Tax Collectors Association, Mississippi Chancery Clerks Association,Mississippi Association of County Administrators/Comptrollers, Mississippi Assessors andCollectors Association, Mississippi Chapter of International Association of Assessing Officers,Mississippi Civil Defense & Emergency Management Association, Mississippi 911 Association,and the Mississippi Association of County Engineers. The Center works with these associations toplan and implement a variety of educational programs, seminars, and workshops.In cooperation with the State Department of Audit and the Mississippi Department of Revenue,the GCD manages legislatively-mandated certification programs for county purchase clerks,receiving clerks, inventory control clerks, tax assessors, and tax collectors and managesprofessional education programs for county supervisors and county administrators. The GCD’sCertification Program for Municipal Clerks and Tax Collectors and Certified Appraiser School arenationally-recognized. The GCD assists the Office of the Secretary of State in implementing atraining program for municipal clerks and municipal election officials. Active in training in theareas of homeland security and emergency preparedness and management, the GCD works withthe Mississippi Emergency Management Agency, the Mississippi Office of Homeland Security,the Mississippi State Department of Health, and the Mississippi Board of Animal Health to providetraining, seminars, and workshops for local government and emergency management officials.Technical assistance is provided by the Center to counties and municipalities in such areas asgeneral management, financial administration, personnel administration, leadership development,viii

economic development, and community facilities and services. Technical assistance is providedon a “time available” basis.Through these activities, the GCD assists local government officials, local units of government,and associations of local government in their efforts to improve governance at the grassroots anddelivery of services to the citizens of Mississippi. The Center does not take an advocacy role inthe business, legislative, or political affairs of the local governments or local governmentassociations with which it works.Our commitment to do whatever we can to improve service delivery by municipal government inour state is as strong as ever. This book is dedicated to that end.Gary Jackson, Ph.D.DirectorMississippi State Universi

Mariah Smith Morgan John Scanlon Krista Sorenson Shari T. Veazey Joe B. Young . Mississippi Association of Supervisors, Mississippi Municipal League, Mississippi Association of County Board Attorneys, Mississippi . Collectors Association, Mississippi Chapter of Internat

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and associations of local government in their efforts to improve governance at the grassroots and to deliver services to the citizens of Mississippi. The center does not take an advocacy role in the Mississippi State University Extension Service Municipal Government in Mississippi Mississippi. Mississippi.

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