February 2010

CONSTABLE

A constable may be paid for serving as bailiff in justice court criminal cases pursuant to Section 19-19-8 of the Mississippi Code. (Lowe, 2/5/2010)(#045)(OP-10-00049)

INSTITUTIONS OF HIGHER LEARNING

The amounts set forth in Section 3 of SB 2035 may be paid in full to Alcorn State University, Jackson State University and Mississippi Valley State University with budget reduction allocated to other regular appropriated funds. The IHL Board of Trustees is authorized to expend $26,850,000 to meet Ayers obligations. The IHL Board of Trustees may use any allocation method, including the allocation method that was used prior to the budget having been reduced, as long as the allocation method is developed in good faith and does not disproportionately impact Alcorn State University, Jackson State University and Mississippi Valley State University. (Bounds, 2/12/2010)(#094)(OP-10-00050)

INTERLOCAL AGREEMENTS

Interlocal Agreement between Smith County and the Town of Taylorsville to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Austin, 2/24/2010)(#277)(OP-10-00069) Interlocal Agreement between Smith County and the Town of Polkville to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Austin, 2/24/2010)(#277)(OP-10-00071) Interlocal Agreement between Smith County and the Town of Mize to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Austin, 2/24/2010)(#277)(OP-10-00070) Interlocal Agreement between Smith County and the Town of Raleigh to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Austin, 2/24/2010)(#277)(OP-10-00068) Approval of Interlocal Agreement between Rankin County and Pineland Public Improvement District regarding improvements along certain public right of ways. (Boone, 2/23/2010)(#277)(OP-10-00047) Interlocal agreement between Leake County and Town of Walnut Grove for the improvement, repair and maintenance of Truelight Recreational Park is approved. (Webb, 2/22/2010)(#277)(OP-10-00056) The Interlocal Cooperation Agreement between Rankin County, Mississippi and the City of Brandon, Mississippi concerning recreational grant funds is approved. (Slay, 2/18/2010)(#277)(OP-10-00042) Interlocal Government Cooperation Agreement by and between Harrison County and the Gulfport School District for the years 2009-2011 to share and combine certain enumerated governmental responsibilities is approved. (Holleman, 2/24/2010)(#277)(OP-10-00061) Interlocal Agreement between City of Flowood and the Jackson Municipal Airport Authority to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (DeWitt, 2/1/2010)(#277)(OP-10-00002) Agreements between Harrison County and the City of Biloxi to share and combine certain enumerated governmental responsibilities are approved. (Holleman, 2/1/2010)(#277)(OP-10-00004) Agreement between Harrison County and the City of Long Beach to share and combine certain enumerated governmental responsibilities is approved. (Holleman, 2/1/2010)(#277)(OP-10-00003) Agreement between Harrison County and the City of D'Iberville to share and combine certain enumerated governmental responsibilities is approved. (Holleman, 2/1/2010)(#277)(OP-10-00025) Approval of Interlocal Agreement between the City of Oxford and Oxford School District regarding the school resource officer program. (Mallette, 2/1/2010)(#277)(OP-10-00055) Interlocal Agreement between Harrison County and the city of Pass Christian authorizing the Tax Collector and Tax Assessor of Harrision County to assess and collect all City and Pass Christian Municipal Separate School District ad valorem taxes. (Holleman, 2/1/2010)(#277)(OP-10-00037) The Interlocal Agreement for the assessment and collection of taxes between Harrison County and the City of D'Iberville is approved. (Holleman, 2/10/2010)(#277)(OP-10-00024) Interlocal Cooperation Agreement between DeSoto County and the Town of Walls for collection of municipal ad valorem taxes is approved. (Nowak, 2/22/2010)(#277)(OP-10-00046) This joinder interlocal cooperative agreement between Lauderdale, Wayne, George, Greene and Clarke Counties concerning the Railroad Authority of East Mississippi is approved. (Mendenhall, 2/22/2010)(#277)(OP-10-00087) Interlocal cooperative agreement between Montgomery County and Webster County concerning paving Milligan Springs Road is approved. (Meek, 2/22/2010)(#277)(OP-10-00088) Interlocal Cooperation Agreement between DeSoto County and the City of Olive Branch for the collection of municipal ad valorem taxes is approved. (Russell, 2/22/2010)(#277)(OP-10-00089)

MUNICIPALITIES

There is no real designation of part-time or full-time mayor of a code charter municipality. The mayor is required to devote the time necessary to fulfill the duties of the office. The board of aldermen may adjust the mayor's salary to be commensurate with the work and duties being performed. Whether a mayor has removed himself from the municipality thereby vacating his office is a question of fact to be determined by the board of aldermen subject to judicial review. The mayor has superintending control of municipal departments and officers and employees but may not direct the daily activities of the police force. (Nash, 2/19/2010)(#149)(OP-10-00051) It is discretionary with the governing authorities of a council-manager municipality as to whether the city clerk must be a resident of the municipality. (Runnels, 2/5/2010)(#149)(OP-10-00038) A municipal utilities commission has the discretionary authority to require the municipality to pay for its utilities services. (Blackmon, 2/26/2010)(#142)(OP-10-00066) While restricting transient vendor business to certain zoned areas within a municipality does not appear to be unreasonable and seems to be consistent with the intent of Section 75-85-1, et seq., such determination should be made by the governing authority and is subject to judicial review. (Watkins, 2/26/2010)(#142)(OP-10-00044) Pursuant to Mississippi Code Annotated Section 27-17-9, any person who engages in a "business" as defined in Section 27-17-3 must obtain a privilege license. Section 27-17-485 provides a privilege tax exemption for individuals who pursue a trade or calling involving only physical labor or skill, and who only received compensation for such physical labor or skill. (Davis, 2/26/2010)(#142)(OP-10-00063) There is no authority for a city council, alone, to enter into a contract with a budget consultant to provide assistance to the council in developing a municipal budget. In the event that the governing authority determines that the services of a budget consultant are necessary, it may pass an ordinance, resolution or order authorizing the municipality to enter into a professional services contract for such purpose. (Joiner, 2/24/2010)(#142)(OP-10-00059) Governing authorities may not bind successors in office in the exercise of their discretionary authority, including the leasing of county and municipal property, unless there is "express statutory authority" to do so. This inability of a governing authority to bind its successors in office has been reaffirmed in modern cases. (Jacks, 2/26/2010)(#142)(OP-10-00040) In accordance with its private charter, the city of Corinth is authorized to elect six aldermen, with one being elected at large. In order to increase or decrease the number of aldermen to be elected, whether by ward or at-large, the private charter would have to be amended in accordance with Mississippi Code Annotated Sections 21-17-9, 21-17-11 and 21-17-19. (Vann, 2/12/2010)(#142)(OP-10-00021) A municipality may not lease its property for less than fair market value to a corporation or entity for a business or profit-making purpose, as such would amount to an unlawful donation. (Collins, 2/19/2010)(#142)(OP-10-00030) There is no authority for a city council, alone, to enter into a contract with a budget consultant to provide assistance to the council in developing a municipal budget. In the event that the governing authority determines that the services of a budget consultant are necessary, it may pass an ordinance, resolution or order authorizing the municipality to enter into a professional services contract for such purpose. (Lumumba, 2/19/2010)(#142)(OP-10-00043) A municipality is authorized to donate surplus municipal real property to a bonafide not-for-profit civic or eleemosynary corporation organized and existing under the laws of the State of Mississippi and granted tax exempt status by the Internal Revenue Service, pursuant to Mississippi Code Annotated Section 21-17-1. (Barton, 2/12/2010)(#142)(OP-10-00019) A public entity may not issue a change order when the proposed work is not necessary or incidental to the scope of the contract as originally bid, is considered a new undertaking outside the original scope of the construction contract, is not commercially reasonable or results in an unreasonable increase or decrease in cost. (Hill, 2/12/2010)(#142)(OP-10-00029) A governing authority may accept funds donated for a specific purpose, provided that such purpose is a proper municipal purpose and the funds are expended like other municipal funds. (Herring, 2/12/2010)(#142)(OP-10-00022) Municipal governing authorities, in planning for emergencies, may enter into agreements whereby the city would provide generators to fuel suppliers and those suppliers would provide fuel for the city's fleet of vehicles exclusively in the event an emergency is declared. (Watkins, 2/12/2010)(#142)(OP-10-00045) A municipal property maintenance ordinance defining each day of a continuing violation (after notice and reasonable time for correction) as a separate offenses is not in conflict with Section 21-13-1 and thus is a permissible exercise of the municipality's police power under 21-17-5, the municipal home rule statute. (McGee, 2/3/2010)(#142)(OP-09-00733) Municipal building permit fee may include enclosed specialized equipment provided the fee is calculated to only cover the administrative costs of the city department charged with overseeing and administering the specialized activities or constitutes compensation for a specific benefit or service for the entity paying the fee. (Tyner, 2/26/2010)(#142)(OP-09-00745)

OPEN/MEETINGS/OPEN RECORDS

The investigative reports of a fire department compiled in the process of investigating the cause of a fire which may be the result of arson or some other criminal activity are exempt from the provisions of the Open Records Act and need not be released. (Latimer, 2/12/2010)(#272)(OP-10-00057)

OTHER STATE AGENCIES, BOARDS & COMMISSIONS

The Commercial Mobile Radio Service Board is a governmental entity. (Senter, 2/26/2010)(#218C)(OP-10-00081)

RETIREMENT-PUBLIC EMPLOYEES

The PERS Board is not authorized to increase the member contribution rate to fund benefits awarded by the Legislature in HB 472 of the 1999 Regular Session. Such an increase would constitute an impermissible impairment of a contractual obligation. Since the funding of the increased benefits awarded in HB 472 was provided by increasing the unfunded accrued amortization period, the increased benefits must be funded by the employer contribution as required by Section 25-11-123. (Robertson, 2/22/2010)(#170)(OP-10-00039)

SCHOOLS

No authority is given under the Education Employment Procedures Law granting a school board the power to extend the deadline for an employee to request an appeal hearing. (Dickerson, 2/19/2010)(#179)(OP-10-00028) There is no violation of the nepotism law for a kindergarten student to be in the home room of his or her great-aunt who is a teacher's assistant. (Walker, 2/5/2010)(#188)(OP-10-00031)

SECRETARY OF STATE

Initiative petitions are designed by the Secretary of State on accordance with Miss. Code Ann. Section 23-17-19 (1972). No information on the current initiative petition is exempt under the Mississippi Public Records Act. Accordingly, as a matter of state law, such petitions are public records and must be available for inspection and duplication as required by Mississippi Public Records Act. (Helmert, 2/12/2010)(#171)(OP-10-00062)

SUPERVISORS

A county board of supervisors may adopt an ordinance prohibiting the sale and consumption of beer and light wine on county property that is located within the corporate limits of a municipality that allows such sales and consumption. The county sheriff is to enforce such ordinance. (Mueller, 2/19/2010)(#220)(OP-10-00054) Where the county road crew, while straightening the road bed, mistakenly removed a culvert that provides ingress and egress to private property, and where the county still possesses a right-of-way property interest along the old road bed which exists alongside the newly straightened road and to which the culvert connected from the private property, the county is authorized to replace the culvert which was mistakenly removed during the construction of the new road bed. (White, 2/19/2010)(#220)(OP-10-00053) The county may repair the sink holes on the described private property after obtaining the appropriate easements, if the county makes the factual determination that the purpose of the work on the culvert is to clean and clear the drain and to prevent erosion, and additionally, that the county board of supervisors make the determination recorded in the minutes, that such work and/or expenses are necessary in order to promote the public health, safety and welfare of the citizens of the county. A county or a municipality may not, however, repair, install or maintain a culvert on private property for the primary benefit of the landowner. (Carnathan, 2/16/2010)(#220)(OP-10-00035) Section 27-35-309 establishes the $20,000,000 as the minimum overall lieu payment that the utility owning Grand Gulf Nuclear Station (GGNS) must make each year. Since the lieu payment made by the utility is based on the valuation of GGNS that is required to be made by the Tax Commission, subject to the $20,000,000 minimum, then as the valuation rises due to the planned expansion, it is possible that the lieu payment apportioned to Claiborne County may increase incrementally. Additionally, the Legislature could act to increase that part of the lieu payment apportioned to Claiborne County. (Espy, 2/9/2010)(#220)(OP-10-00001) There must be specific statutory authorization for a county board of supervisors to make a loan to a utility district. (Hamer, 2/26/2010)(#220)(OP-10-00074) Subject to any contractual obligations, a county board of supervisors may enter a fire protection agreement with a municipality which could include the use of a county owned building. A county may, pursuant to a fire protection agreement, allow a municipality to use a county owned vehicle. (Hemphill, 2/26/2010)(#220B)(OP-10-00058)

TAXES

Neshoba County does not have the discretion to waive the mandatory March 31 deadline set out in Section 27-31-55 for the filing of inventory reports by free port warehouses, even though the failure was due to miscommunication and misunderstanding on the part of its employees, and even though the warehouse had timely filed the report in years past, and did file the report after it learned of the error. Thus, the county is without authority to exempt from personal property ad valorem taxes for 2008 that inventory which would have been exempt but for the missed deadline. (White, 2/4/2010)(#242)(OP-09-00255) Once property is struck off to the state at a county tax sale, that property cannot be the subject of a subsequent sale, as title has already vested in the state. Furthermore, the tax collector is mandated to strike the land off to the state when it fails to bring a bid. (Pace, 2/12/2010)(#256)(OP-10-00036)