MUNICIPAL GOVERNMENT IN MISSISSIPPI - Mississippi State University

CENTER FOR GOVERNMENT AND COMMUNITY DEVELOPMENTMUNICIPALGOVERNMENTINMISSISSIPPISIXTH EDITIONEXTENDING KNOWLEDGE. CHANGING LIVES.

Municipal Governmentin MississippiSixth EditionSumner Davis and Patrick Miller, EditorsContributorsMichael T. AllenJanet BairdRobert L. Barber Sr.Tim BarnardDana B. BrammerDavid BrintonMichael CaplesThomas S. ChainBrad C. DavisSumner DavisWilliam D. Eshee Jr.Rodney FaverGary E. FriedmanBrian GarrottTom HoodSamuel W. Keyes Jr.Michael LanfordFrank McCainPatrick MillerJerry L. MillsKeith ParsonsMariah S. MorganKrista SorensonKim TurnerShari T. VeazeyRandall B. WallJoy YoungWith forewords by Gary Jackson, PhD, and Shari T. Veazey 2017Center for Government & Community DevelopmentMississippi State University Extension ServiceMississippi State, Mississippi 39762

2017. All rights reserved. No part of this book may be reproduced, stored in a retrievalsystem, or transcribed, in any form or by any means without the prior written permission of theCenter for Government & Community Development, Mississippi State University ExtensionService.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.We are an equal opportunity employer, and all qualified applicants will receive considerationfor employment without regard to race, color, religion, sex, national origin, disability status,protected veteran status, or any other characteristic protected by law.Extension Service of Mississippi State University, cooperating with U.S. Department ofAgriculture. Published in furtherance of Acts of Congress, May 8 and June 30, 1914. GARY B.JACKSON, Directorii

CONTENTSContents . iiiForeword from the Mississippi State University Extension Service . ixForeword from the Mississippi Municipal League .xPreface. xiContributors . xiiiChapter I: Historical and Constitutional Development of the Municipality in Mississippi .1Development of Municipal Government in the United States .2A Brief Mississippi History .4Constitutional Development of Municipal Government in Mississippi .7Chapter II: Using the Mississippi Code of 1972, Annotated.10What Is the Mississippi Code? .10Does the Code Contain the Latest Version of the Statutes? .10How Do I Find the Statutes on a Particular Subject?.10Chapter III: Functions and Powers .13Sources of Municipal Power in Mississippi.13Classification, Creation, Abolition, Expansion, and Forms of MunicipalGovernment.14General Powers and Home Rule .15General Administrative Matters .17Municipal Ordinances .17Emergency Management .19Health, Safety, and Welfare .20Police, Police Departments, and Municipal Courts .24Fire Departments and Districts .24Public Utilities and Transportation .25Streets, Parks, and Other Public Facilities .25Inter-Governmental Cooperation .26Chapter IV: Forms of Government .27Mayor-Board of Aldermen Form .27Commission Form.31Council-Manager Form.33Mayor-Council Form .36iii

Chapter V: The Nature of the Municipal Corporation .41The Municipal Charter .41Municipal Powers .42Home Rule .42Home Rule Permits .51Home Rule Does Not Permit .57Sovereign Immunity.61Classification, Creation, Abolition, and Expansion .69Classification.69Creation .69Annexation or Contraction.72Deannexation .77Combination.77Abolition .78Addendum A .79Legislative Sovereign Immunity in Mississippi .79Addendum B .80Overview of Annexation .80Pre-Annexation Planning .80Legal Requirements .86Trial Preparation .87Trial .88Post Trial .93Chapter VI: Officers, Boards, and Commissions.94Duties of Certain Municipal Officers .96Boards, Commissions, and Authorities.99Chapter VII: Open Meetings, Public Records, Conflicts of Interest .102Open Meetings Act .102Public Records Act .106Mississippi Ethics Laws.109The Complaint Procedure .117Confidential Records .119The Statement of Economic Interest .119Mississippi Ethics Commission .121Chapter VIII: Planning, Zoning, and Subdivision Control .123The Comprehensive Plan .123Zoning .125Subdivision Ordinances .131Chapter IX: Financial Administration .135State Laws and Regulations .136Budgeting .136Revenue Sources .138Expenditures .140Cash Management.142iv

Municipal Depositories .144Accounting .144Property .144Internal Control .145Annual Audit.145State Auditor’s Services.146Chapter X: Ad Valorem Tax Administration.147Property Assessment .147Classes of Property .147Audits and Responsibilities.148The Ad Valorem Tax Formula .149What Is a Mill and How Is It Used? .150Setting the Ad Valorem Tax Levy .151Purposes for Which Ad Valorem Taxes May Be Levied .151Limits on the Levying of Ad Valorem Taxes .152Advertising Prerequisite to Budgeting Increased Ad Valorem Revenue.152Collection of Ad Valorem Taxes .152Special Ad Valorem Tax Exemptions.153Homestead Exemption .153Industrial Exemptions .154Glossary of Selected Terms Related to Industrial Tax Exemptions .156Free Port Warehouses .157Chapter XI: Purchasing .158Why Municipalities Make Purchases.158How Municipalities Make Purchases.158Municipal Purchasing Policies.158Purchasing/Leasing Real Property .161Bidding Purchases.161Bidder Qualifications .161Purchasing Bonds and Insurance .161Chapter XII: Bonds, Borrowing, and Debt Administration .162Nature of Municipal Bonds.162Authority to Borrow.162Types of Municipal Bonds and Debt .163Tax Considerations and Overview .171Bank Eligible Bonds .173Bank Loans .173Local and Private Legislation .173Securities Overview – Disclosure and Continuing Disclosure .173Public Sale Requirements .174Voting Rights Preclearance.174Major Steps in the Process for Issuance of Bonds .174Alphabetical Reference to Certain Purposes.177v

Miscellaneous Statutory Provisions Related to the Issuing of Bonds orOther Debt.180Glossary of Selected Terms .182Chapter XIII: Personnel Administration .187Federal Laws .187Title VII .187Americans with Disabilities Act .190Family and Medical Leave Act .195Genetic Information Nondiscrimination Act .198Title VI .199Title IX .200Age Discrimination in Employment Act .201Fair Labor Standards Act .203Equal Pay Act .232Uniformed Services Employment and Reemployment RightsAct of 1994 .234The Rehabilitation Act of 1973 and Mississippi Code Ann. '43-6-15 .237Consumer Credit Protection Act and the Bankruptcy ActAmendments of 1984 .239The Immigration Reform and Control Act .240Consolidated Omnibus Budget Reconciliation Act .243Executive Order No. 11246 .24742 U.S.C. Section 1981 .24942 U.S.C. Section 1983 .251First Amendment .254Fourth Amendment .256Fourteenth Amendment .258Mississippi Statutes.261Mississippi Unemployment Compensation Law .261Mississippi’s Child Support and Wage Garnishment Laws .263Workers’ Compensation .264Anti-Strike Law .265Wrongful Discharge .267Chapter XIV: Records Management .270Basics of Records Management .271Implementing a Records Management Program.274Chapter XV: The Electoral Process .276Legal Authority .276Voter Registration .277Primary Elections .278General Elections .278Special Elections .279Candidate Qualifying Procedure .281Ruling on Candidate Qualifications .282Printing the Ballot .283vi

Absentee Voting.285Poll Workers .288Poll Watchers .289Mississippi Voter Photo ID.290Voter Challenge .292Voter Assistance .293Curbside Voting .294Examination of Ballot Boxes .294Contest of Election.295Chapter XVI: Municipal Courts.296Establishment and Jurisdiction of Municipal Courts .297Appointment of the Municipal Judge .298Powers and Duties of the Municipal Judge.298The Municipal Judge Pro Tempore.304The Municipal Prosecuting Attorney .305The Executive Officer of Municipal Court .305The Clerk of the Municipal Court.306Disposition of Motor Vehicle and Traffic Offenses .307Disposition of Parking Violations.312Chapter XVII: Information Technology .313Equipping the Local City Government Office .313Purchasing Hardware .314Purchasing Software .315Maintaining Healthy Computers .315Creating an Office Computer Policy.319Public Request for Information Records.320Creating a Web Presence for the Municipality .320Creating an Emergency Backup Plan .322Networking the Local Government Office .324Chapter XVIII: Environmental Issues .326National Ambient Air Quality Standard .326Mississippi Air Quality Regulation .326Greenhouse Gas and Climate Change.329Smart Growth and Farm Land Protection .331Environmental Justice .332Brownfield Redevelopment .332Environmental Covenants .336Underground Storage Tanks (Gasoline & Diesel) .336Public Water Supply .337Wastewater Treatment Plants .338On-Site Wastewater Disposal Systems (Septic Tanks) .339Stormwater Permitting .340vii

Solid Waste .342Planning and Updates .342Garbage .342Rubbish (Class I & II) .343Hazardous Waste .345Tire Disposal .346Grant Programs .346Solid Waste Planning .346Hazardous Waste .347Nonhazardous Solid Waste Corrective Action Trust Fund (CATF) .348Waste Tire Abatement Program.348Diesel Engine Replacement .348Energy Grants .349Multimedia State and Tribal Assistance Grants (STAG) .350Appendix I: The Center for Government & Community Development .351Appendix II: Certification Training Program for Municipal Clerks .357Appendix III: The Mississippi Municipal League .359Appendix IV: The Mississippi Municipal Service Company .362Appendix V: Selected Information about Mississippi Municipalities .364viii

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 that 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

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.