October 2009

AGRICULTURAL COMMISSION

Senate Bill 2049(2nd Extra Session, 2009) authorizes the Mississippi Department of Agriculture and Commerce to lease a portion of its real property to a private company which will construct a billboard on said land. (Spell, 10/9/2009)(#004)(OP-09-00557)

AUDITOR OF PUBLIC ACCOUNTS

Section 63-1-53(4) authorizes the collection of delinquent traffic fines, fees and other assessments levied pursuant to conviction as a result of violations of Title 63 in the manner provided in Sections 19-3-41(2) and 21-17-1(6). These fines, fees and other assessments include traffic misdemeanor fines levied under Section 99-19-3. Collection contracts entered into by the counties and municipalities for collection of such fines, fees and other assessments are subject to rules and regulations adopted by the Mississippi Department of Audit. (Pickering, 10/30/2009)(#017)(OP-09-00607)

BOND COMMISSION

All officials listed in SB 3050 must, after July 1, 2009 and preclearance by the US DOJ; comply with the bond requirements and conditions as set forth in the bill. (Smith, 10/23/2009)(#033)(OP-09-00603)

COURTS

Pursuant to Section 21-23-7 (11) a municipal court may assess an amount not to exceed $50.00 as an item of court costs to be used for court purposes. (Brannon, 10/2/2009)(#056)(OP-09-00556)

CRIMINAL LAWS

The Justice Court Judge in a bail jumping case must decide from the evidence the amount of restitution for reasonable expenses incurred returning the defendant to court to be awarded the bondsman. (Thomas, 10/2/2009)(#057)(OP-09-00545) Once a ticket is sworn to and filed with the municipal court only the municipal judge has the authority to dismiss the ticket. (Beatey, 10/23/2009)(#057)(OP-09-00608) A municipal police officer has concurrent jurisdiction with the sheriff's office over county property located within the municipality. (Brooks, 10/23/2009)(#057)(OP-09-00592)

DEPARTMENT OF EDUCATION

When the Department of Education, in determining MAEP funding, uses a prior year's average daily attendance pursuant to Section 37-151-103(3), due to large student absenteeism, the ADA for that prior year is to be calculated using the same formula as any other year's calculation of ADA. (Jordan, 10/22/2009)(#058)(OP-09-00611)

DEPARTMENT OF WILDLIFE, FISHERIES, & PARKS

Where MDWFP appropriation bill expressly provides that portion of appropriated funds be used by MDWFP to provide for the Youth Participation Initiative, MDWFP would not be authorized to make the appropriated funds available to third parties through a grant process in order to carry out the objectives of the legislation, since no express authority to issue grants is contained in either the legislation or the enabling authority of MDWFP. However, MDWFP may contract for services to be rendered in carrying out the Initiative. (Polles, 10/23/2009)(#269)(OP-09-00587)

ECONOMIC DEVELMENT DISTRICTS

Barring specific legislative authority, an economic development authority is not authorized to pay earnest money which is subject to forfeiture, as such would amount to an unlawful donation. (Ross, 10/16/2009)(#266C)(OP-09-00584)

HOSPITALS-COMMUNITY

The scope of "reasonable suspicion drug and alcohol testing" pursuant to Mississippi Code Annotated Section 71-7-1 may include a situation wherein drugs and/or medication are discovered missing during a time frame that identifiable employees had exclusive access. (Dillard, 10/2/2009)(#092)(OP-09-00539)

INTERLOCAL AGREEMENTS

Interlocal Agreement between Adams County, City of Natchez, and Natchez-Adams School District for the planning, design, financing, maintenance and operation of a joint recreation program and facilities is approved. (Brown, 10/5/2009)(#277)(OP-09-00596) Interlocal Agreement between Washington County, Mississippi and the City of Greenville, Mississippi and the City of Greenville, Mississippi for housing inmates and related purposes is approved. (Bourgeois, 10/19/2009)(#277)(OP-09-00602) Approval of Interlocal Agreement between cities of Olive Branch and Southaven providing for the 2009 Byrne Justice Assistance Grant. (Dye, 10/9/2009)(#277)(OP-09-00567) Interlocal Agreement between Chickasaw County and the Town of Woodland to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Smith, 10/6/2009)(#277)(OP-09-00550) Interlocal Agreement between Chickasaw County and the I City of Houston to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Smith, 10/6/2009)(#277)(OP-09-00551) Interlocal Agreement between Chickasaw County and Town of New Houlka to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Smith, 10/6/2009)(#277)(OP-09-00547) Interlocal Agreement between Chickasaw County and the City of Okolona to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Smith, 10/6/2009)(#277)(OP-09-00549) Approval of Amended Interlocal Agreement establishing the North Central Narcotics Task Force comprised of Claiborne, Grenada, Holmes, Humphreys, Leflore, Carroll, Jefferson and Tunica Counties and the Sheriffs of the named counties and the City of Indianola and its Chief of Police. (Banks, 10/6/2009)(#277)(OP-09-00606) The Interlocal Cooperation Act between Holmes County and the Town of Tchula for Streets Improvement is approved. (Perkins, 10/27/2009)(#277)(OP-09-00633) Interlocal Agreement between Alcorn County, Mississippi and the City of Corinth, Mississippi for housing inmates and related purposes is approved subject to the limitations and conditions contained herein. (Bourgeois, 10/2/2009)(#277)(OP-09-00590) The Interlocal Agreement between the City of Flowood and Rankin County regarding the Market Street Flowood TIF project is approved. (Edds, 10/20/2009)(#277)(OP-09-00617)

MUNICIPALITIES

Once the appropriate municipal governing authorities accept a valid bid for purchase of municipal property, it becomes an enforceable contract and under this contractual claim the municipality may file suit against a defaulting bidder to attempt recovery of the full amount of his accepted bid. (Lawrence, 10/9/2009)(#140)(OP-09-00546) An alderman may not simultaneously serve and be paid as a building inspector. As a member of the municipal governing authorities, an alderman is authorized to participate in the appointment of municipal officers and employees. Any member of the governing authorities who authorizes or approves an unlawful expenditure is personally liable for the repayment of the expenditure. (Parker, 10/23/2009)(#149)(OP-09-00616) A municipality may, upon the request of a resident, install a water meter to provide municipal water service to a residence. Whether a resident is the owner of a private water line that joins the municipal system is a factual determination to be made by the governing authority, subject to review by a court of competent jurisdiction. (Smith, 10/23/2009)(#142)(OP-09-00601) Serving as a member of the state legislature, while serving simultaneously as the drug program advisor, is not violative of the separation of powers doctrine, as the drug program advisor does not exercise core powers within the executive branch of government. (Albritton, 10/2/2009)(#142)(OP-09-00563) A municipality may accept a donation of real property, provided that it has made the requisite factual findings and has documented its formal acceptance in its minutes. With respect to owed taxes, a municipality does not have the authority to remit or release liability for taxes that are due and owing. (Brown, 10/2/2009)(#142)(OP-09-00579) Assuming that the governing authority of the municipality has determined that the proposed program qualifies as a social and economic community service program, as contemplated in Mississippi Code Annotated Section 21-19-65, the municipality may make donations, in the form of cash or in-kind services in an amount not to exceed any other existing funds of the program. There is no prohibition barring a municipality from soliciting donations. (Thames, 10/2/2009)(#142)(OP-09-00570) Donations by public entities are prohibited absent specific legislative authorization. (Yeager, 10/9/2009)(#142)(OP-09-00588) A public entity may limit the number of wrecker services, provided that such limitation does not illegally discriminate. (Hill, 10/9/2009)(#142)(OP-09-00575) City has no responsibility for maintaining privately owned water and sewer lines located outside the municipal boundaries. (Herring, 10/30/2009)(#142)(OP-09-00632) Municipal governing authorities may adjust a water bill when it determines that the charge was due to an unforeseen circumstance and the customer did not receive the benefit of the service. (Harx, 10/30/2009)(#142)(OP-09-00622)

OPEN/MEETINGS/OPEN RECORDS

The Public Records Act does not require that an "incident report" contain the address and telephone number of the person charged. (Bruni, 10/5/2009)(#272)(OP-09-00534)

OTHER STATE AGENCIES, BOARDS & COMMISSIONS

There is no specific constitutional or statutory prohibition against a "representative" of a "substantial landowner" within a public improvement district serving on the district's board of directors. However, significant conflict of interest questions may arise and those should be directed to the Mississippi State Ethics Commission. (Montgomery, 10/16/2009)(#218C)(OP-09-00599) A member of the Tombigbee Valley Authority is entitled to continue serving after his term has expired until the Governor appoints a successor and that successor meets all legal requirements to serve in that office. (Nichols, 10/2/2009)(#218C)(OP-09-00573)

PUBLIC PURCHASES CONTRACTS AND BIDDING

Under the bid preferences statutes, 31-3-21(3) and 31-7-47, where a municipality in another state has a bid preference law enforceable against Mississippi vendor, then Mississippi agencies and governmental entities are authorized to reciprocally enforce this state's preference law against vendors of that out-of-state municipality. (Wallace, 10/9/2009)(#280)(OP-09-00537)

SCHOOLS

In order to satisfy the requirement in Section 37-61-9 that it is the school board that must hold a public hearing on the proposed budget, at least a quorum of the school board must be present at the public hearing. (Mayfield, 10/9/2009)(#179)(OP-09-00576) A school district may proceed with the advertising and accepting and opening bids for the sale of land that will still be used by the district until the end of the current school year. The Actual sale and conveyance of the land must be after the district has ceased use of the land. (Keith, 10/23/2009)(#190)(OP-09-00600) Preclearance of House Bill 728 of the 2009 Regular Session is with respect to the submitted changes codified in Section 37-5-68 and Paragraph (4)(b) of Section 37-5-71 of the Mississippi Code, which affects Lafayette County only. The remaining provisions of Section 37-5-, which provided generally for the election of county superintendents of education, are effective. As a result, the Lowndes County School Board has no authority to hold a reverse referendum in 2011 on the question of changing the method of selection for the Lowndes County School Superintendent. (Smith, 10/30/2009)(#198)(OP-09-00605) Mississippi Code Annotated Section 37-9-17, states that the superintendent has the discretion in determining whom to recommend although he is limited in his recommendations to those included in the lists from the principal of each school. It is the duty of the district superintendent to recommend to the school board all teachers having the necessary qualifications, ability and character. There is no authority for a school board to both recommend and employ teachers. (Wright, 10/23/2009)(#209)(OP-09-00529)

SECRETARY OF STATE

Monies in the Help Mississippi Vote Fund may be used to (1) support the counties in their efforts to perform voter roll maintenance, (2) purchase and maintain HAVA compliant voting systems; and, (3) maintain the Statewide Elections Management System (SEMS), and to pay personnel to accomplish these functions, if Secretary of State determines that these expenditures will support the State's maintenance of effort as required by the Help America Vote Act of 2002. (Hosemann, 10/16/2009)(#171)(OP-09-00581)

STATE PERSONNEL BOARD

The Personal Service Contract Review Board's authority over contracts for contractual workers and contracts for independent contractors is the same. (Fitch, 10/9/2009)(#121A)(OP-09-00574)

SUPERVISORS

The Walthall County Board of Supervisors is authorized to transfer surplus funds from the ad valorem tax levy for road and bridge bonds into the general fund pursuant to Section 27-105-367 of the Miss. Code if no petition is filed against the proposed transfer. (Mord, 10/16/2009)(#220)(OP-09-00519) Section 19-5-21(2) allows industrial, commercial and multifamily residential generators to contract for garbage collection and disposal, in which case the county is not permitted to assess and collect garbage fees from those generators. (Brown, 10/9/2009)(#220)(OP-09-00569) A county may enter into a contract with a third party, whether a municipality or a rural water association, for the billing and/or collection of the garbage of its customers. (Hemphill, 10/16/2009)(#224)(OP-09-00593) It is against state law for a private citizen to set up an overhead agriculture irrigation system with a moving overheard boom [on a pivot well] which blocks the public road during its operation. (Clark, 10/30/2009)(#231)(OP-09-00615)

TAXES-SALES (LAND)

When there are insufficient funds in the land redemption fund to refund monies owed to purchasers after the record owners redeem their property, payments must be made from any available county funds after first being lawfully transferred into the land redemption fund by the board of supervisors. Interest due a purchaser at a tax sale ceases to accrue when the owner redeems his property. (Thompson, 10/28/2009)(#256)(OP-09-00638)