January 2010

CRIMINAL LAWS

Failure to file an implied consent ticket timely pursuant to section 63-9-21(6) of the Mississippi Code does not result in automatic dismissal of the ticket. (Blalock, 1/29/2010)(#057)(OP-10-00032) County inmates detained by chancery court order are able to participate in any established county inmate program unless prohibited by the terms of the work program or by order of the chancery court. (White, 1/29/2010)(#057)(OP-10-00013) The only person required to approved defensive driving courses under Sections 63-1-55 and 63-9-11 of the Mississippi Code is the judge assigned to the case. (Arledge, 1/29/2010)(#057)(OP-09-00731) A municipal or justice court judge may not order a defendant to attend a counseling program, but may make counseling a condition of suspension of sentence. (Haynes, 1/19/2010)(#057)(OP-09-00721)

DEPT. OF FINANCE & ADMIN.

The State Fiscal Officer must make the budget reductions in the manner required by Section 27-104-13 or the Governor must seek and obtain additional action from the Legislature regarding FY2010 appropriations in a regular or special called session. The shortfall in tax revenue does not meet the requirements necessary to trigger the delegation of emergency powers described in Section 33-15-11(c). (Upchurch, 1/6/2010)(#037)(OP-09-00724)

INTERLOCAL AGREEMENTS

Interlocal Agreement between Bolivar County and the Town of Boyle to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Quinton, 1/26/2010)(#277)(OP-10-00007) Interlocal Agreement between Bolivar County and City of Shelby to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city. (Quinton, 1/26/2010)(#277)(OP-10-00011) Interlocal Agreement between Bolivar County and City of Shaw to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Quinton, 1/26/2010)(#277)(OP-10-00010) Approval of Interlocal Agreement between Lamar County, the Sheriff of Lamar County and the Lamar County Board of Education providing law enforcement assistance. (Norton, 1/21/2010)(#277)(OP-09-00751) Interlocal Cooperation Agreement between the City of Flowood, Mississippi and Rankin County, Mississippi for TIF Bonds Project (Stone Creek Assets, LLC) is approved. (Fairbank, 1/19/2010)(#277)(OP-09-00739) Interlocal Agreement between Harrison County and the City of Pass Christian to share and combine governmental operations. (Holleman, 1/5/2010)(#277)(OP-09-00734) Interlocal Agreement between Harrison County and the City of Gulfport to share and combine governmental operations. (Holleman, 1/5/2010)(#277)(OP-09-00735) Interlocal Governmental Cooperation Agreement between Webster County and the Village of Walthall which authorizes the county to collect all ad valorem taxes for the municipality. (Meek, 1/5/2010)(#277)(OP-09-00696) Interlocal Agreement between Harrison County and the Pass Christian Public School District in order to allow the county, in its discretion and at the request of the school district, to assist the school district with repair and reconstruction of roads and the like within the school district's jurisdiction. (Holleman, 1/2/2010)(#277)(OP-09-00750) Interlocal Governmental Cooperation Agreement between Rankin County and the Town of Pelahatchie for the purpose of the county performing modification to a city building in exchange for use of the building by the county. (Slay, 1/5/2010)(#277)(OP-09-00687) Interlocal Agreement between Bolivar County and the Town of Merigold to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Quinton, 1/26/2010)(#277)(OP-10-00008) Interlocal Agreement between Bolivar County and City of Rosedale to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Quinton, 1/26/2010)(#277)(OP-10-00012) Interlocal Agreement between Bolivar County and City of Mound Bayou to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Quinton, 1/26/2010)(#277)(OP-10-00009) Interlocal Agreement between Adams County and City of Natchez to apply for funding under the PSIC Grant to fund interoperable radio communication between public safety agencies of the county and city is approved. (Cox, 1/26/2010)(#277)(OP-09-00752) Interlocal Agreement between Scott County and Cities of Forest and Morton to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city. (Seaney, 1/29/2010)(#277)(OP-10-00052)

MS. STATE DEPARTMENT OF HEALTH

Mississippi Code Section 41-7-191(9) prohibits the Department of Health from granting a CON which expands the currently approved territory of a home health agency. Thus, the Department is prohibited from granting a CON for a change of ownership that combines two home health agencies into one, or from approving any request which ultimately expands the territory of any home health agency by moving one county from the territory of one home health agency to the territory of another. (Currier, 1/20/2010)(#027)(OP-09-00749)

MUNICIPALITIES

A trustee of a municipal separate school district may not "hold over" or continue in office after the expiration of his or her term. The position becomes vacant with the expiration of the term and remains vacant until a successor is nominated and approved. (Brock, 1/19/2010)(#149)(OP-10-00006) The determination of whether the current building official is properly classified as an independent contractor is a determination that must initially be made by the town, consistent with fact and subject to review by a court of competent jurisdiction or other proper authority. The factors to be examined in making such a determination are well settled under Mississippi law with the primary factor being the right to or degree of control of the employer. (Slay, 1/29/2010)(#142)(OP-09-00742) Incumbent municipal employees hold over and serve at the will and pleasure of the governing authorities until their successors are appointed and qualified. Of course, if an employee's service is terminated by the board, the municipal employee no longer holds over in his/her position. (Crider, 1/29/2010)(#142)(OP-10-00014) There is no authority for a member of the board of aldermen to direct the actions of the voluntary fire chief or the actions of municipal employees. (Edwards, 1/29/2010)(#142)(OP-10-00027) Municipalities may secure structures that are insecure or dangerous by boarding up windows and doors and assessing costs to property owner pursuant to Section 21-19-21, as long as due process requirements are met. (Brock, 1/29/2010)(#142)(OP-09-00732) Municipal governing authorities may accept donations of funds subject to restrictions established by owners; however, the donated funds must be placed in the municipal treasury and may only be used for proper municipal purposes. Whether the terms and conditions of the grant define "matching funds" and whether the subject funds qualify as “matching funds” under the terms of the grant is a factual determination to be made by the governing authority. (Boutwell, 1/20/2010)(#142)(OP-09-00741) Ad valorem tax liens against real property are extinguished upon acquisition of such real property by a public body. Real property owned by a public body may not be sold for unpaid taxes and any tax lien is extinguished as of the date of acquisition. (Lawrence, 1/20/2010)(#142)(OP-09-00712)

PUBLIC PURCHASES CONTRACTS AND BIDDING

A public entity may purchase items from a source other than the bidder who was awarded a term contract by the public entity, provided that the purchase from the other source was made in accordance with Mississippi Code Annotated Section 31-7-13. (Nowak, 1/20/2010)(#280)(OP-09-00685)

SUPERVISORS-ROADS & BRIDGES

Section 65-7-7 of the Mississippi Code would require removal of a gate placed across a public road of the county. (Sanders, 1/19/2010)(#231)(OP-09-00720)

WATER DISTRICTS

The per diem compensation for commissioners of the Abotlapoota Master Water Management District is $12.50 in accordance with Miss. Code Ann. Section 51-7-13. (McCain, 1/29/2010)(#266)(OP-10-00034)