December 2008

CHANCERY CLERKS

Chancery clerks are authorized pursuant to Section 25-7-7(1)(b)(I) to charge a $10.00 filing fee per book and page listed for each deed of trust included in an assignment. (Walters, 12/19/2008)(#041)(OP-08-00656)

COURTS

A justice court judge may correct errors or mistakes in cases he presided over. He may set aside any proceeding or judgment conducted before him after a proceeding in which he determines good cause exists to support the order. (Strait, 12/5/2008)(#056)(OP-08-00586) The petitioner in a domestic violence case is not required to prepay any costs or filing fees at the time of filing. (Fuller, 12/19/2008)(#056)(OP-08-00613) A collection agency has no authority to attempt collection of fines in justice court unless there has been a conviction and sentence of record in the case. (Turnage, 12/19/2008)(#056)(OP-08-00610)

E-911

Section 19-5-313 would authorize board of supervisors to use excess E-911 funds for placement of advanced road identification signs, but would not authorize use of excess E-911 funds to establish system of identifying fire hydrants, since such is not "related to" identifying roads, highways or streets." (Dulaney,12/19/2008)(#062C)(OP-08-00660)

INDIANS

In the prior opinion issued to you on September 5, 2008, our office opined "... that unless otherwise ordered by a U.S. court, the children in question who do not reside on any Indian reservation, are subject, along with their parents, to the laws of Mississippi and the jurisdiction of Mississippi courts." This remains the opinion of this office. The Union County Youth Court, pursuant to Miss Code Ann. Section 93-27-202, has exclusive, continuing jurisdiction until such time that the children in question and their parents are no longer residents of the state. (David, 12/19/2008)(#270)(OP-08-00659)

INTERLOCAL AGREEMENTS

The Interlocal Agreement between the Columbus Light and Water Department and the Columbus Municipal Separate School District for sewer connection and related services is hereby approved. (Smith, 12/19/2008)(#277)(OP-08-00671) Interlocal Agreement between the City of Moss Point and the Jackson County Airport Authority, whereby the city will assist the airport authority in its fire protection efforts is approved. (Long, 12/15/2008)(#277)(OP-08-00619) The Amended Interlocal Agreement between Simpson County, Mississippi, the Simpson County Economic Development District and the City of Magee, Mississippi relating to acquisition, transfer and improvement of land for economic and industrial development purposes is approved. (Scott, 12/19/2008)(#277)(OP-08-00661)

MUNCIPALITIES

Proposed charter amendment that would expand the corporate limits of the City of Natchez is consistent with the Constitution and laws of the United States and the Constitution of the State of Mississippi. (Barbour, 12/11/2008)(#139)(OP-08-00646) A municipality may maintain a road located outside its municipal boundaries, when it determines, consistent with the facts, that public convenience and necessity require such action. (Watkins, 12/5/2008)(#142)(OP-08-00630) Barring a specific statutory exemption from compliance, other governmental entities are subject to municipal zoning ordinances aimed at public safety and the elimination of public nuisances, which include application for permits, submission for review/approval processes and inspections to ensure compliance with codes. While a municipality may impose a permit fee, it is not required to do so, and may waive the permit fee, provided that such waiver is made under the authority of a properly drawn ordinance setting forth the conditions under which a waiver may be granted. A municipality may issue stop work orders, pursuant to its municipal ordinance, for construction which violates municipal building codes. (Baker, 12/12/2008)(#142)(OP-08-00633)

SCHOOLS

The Jackson Public School District is authorized to invest bond proceeds in obligations of insurance firms or other corporations, which are rated "A" or better by recognized rating companies. (Turner, 12/12/2008)(#175)(OP-08-00674) The Department of Education may not reduce a grant to a school district below the amount equal to the district's grant amount for debt service for the year in which the contract or resolution authorizing the pledge for debt service was adopted. A school district is not authorized to issue promissory notes under Section 37-57-108, due to a reduction in funding from the School Ad Valorem Tax Reduction Fund. (Bounds, 12/19/2008)(#176)(OP-08-00664)

SEPARATION OF POWERS

Under the separation of powers doctrine there is no prohibition on simultaneously serving as city councilperson and "Director of Managed Care" for the Singing River Hospital System. (Wilkinson, 12/12/2008)(#271)(OP-08-00670)

SHERIFFS-AUTHORITY

The sheriff and chief of police enjoy concurrent jurisdiction over criminal matters which occur in a municipality located in the sheriff's county. (Rigel, 12/19/2008)(#213)(OP-08-00596) A sheriff's sale of firearms pursuant to a writ of execution would be conducted by auction to the highest qualified bidder as in other execution sales. (Reinmiller, 12/19/2008)(#213)(OP-08-00594)

SUPERVISORS

The Lamar County has the authority to make equipment purchases on behalf of the county owned volunteer fire department so long as the county is meeting the requirements of Miss. Code Ann. Section 83-1-39. (Mozingo, 12/19/2008)(#220)(OP-08-00584) Section 19-9-7 clearly provides that the bonds shall not be issued if an election is held thereon and 3/5 of the qualified electors do not support the bond issue. However, the fact that the bond issue is defeated in and of itself is not a legal impediment to the board using other statutorily authorized borrowing authority which may exist for the particular purpose at issue. (Broomfield, 12/12/2008)(#220)(OP-08-00643) The legislative intent of "maintaining two full-time offices" as set out in Paragraph 5 of Miss. Code Ann. Section 25-3-3 does contemplate two full-time separately staffed offices in the same courthouse. A tax assessor/collector's occupation of two bona fide, full-time, separately staffed offices in the same courthouse constitutes separate and distinct offices resulting in an additional payment for maintaining two full-time offices. As a result, a board of supervisors is authorized under Section 25-3-3, to pay a tax assessor/collector an additional $3,500.00 for maintaining two full-time separately staffed offices in the same courthouse. We therefore withdraw our prior opinion to Mr. John O. Gilbert (September 10, 2008) and substitute the opinion stated herein. (Shaw, 12/19/2008)(#226)(OP-08-00665) Official appointments to a human resource agency's board are made by the Board of Supervisors as a whole. (Banks, 12/19/2008)(#227)(OP-08-00590) County roads, including those roads that are in and around the East Mississippi Community College, are under the jurisdiction of the Kemper County Board of Supervisors and subject to local ordinances regulating public use of county roads. The Kemper County Board of Supervisors is authorized to regulate, by ordinance, running and jogging activities on its county roads. The ordinances must of course, pass constitutional muster and not violate any statutory regulatory scheme. (Palmer, 12/5/2008)(#231)(OP-08-00614) Upon a finding by the board that any one of the conditions listed in 65-7-121(1), exists, and after a public hearing as required by section (2), the board may declare a road abandoned. While an affected landowner is entitled to be heard at the public hearing, the decision whether to declare the road abandoned ultimately rests with the board, and the board is not obligated to grant the landowners' request not to abandon the road. (Hathorn, 12/5/2008)(#231)(OP-08-00629)

TAXES-AD VALOREM

While the board of supervisors cannot forgive or waive past due taxes, the board would be authorized to determine that the taxpayer does not owe any penalties or interest. (Dulaney, 12/12/2008)(#236)(OP-08-00636)