CENTER FOR GOVERNMENT AND COMMUNITY DEVELOPMENT MUNICIPAL GOVERNMENT IN MISSISSIPPI SIXTH EDITION EXTENDING KNOWLEDGE. Municipal Government in Mississippi Sixth Edition Sumner Davis and Patrick Miller, Editors Contributors Michael T. Allen Sumner Davis Patrick Miller Janet Baird William D. Rodney Faver Keith Parsons Tim Barnard Gary E.
Brammer Brian Garrott Krista Sorenson David Brinton Tom Hood Kim Turner Michael Caples Samuel W. Chain Michael Lanford Randall B. Davis Frank McCain Joy Young With forewords by Gary Jackson, PhD, and Shari T. Veazey © 2017 Center for Government & Community Development Mississippi State University Extension Service Mississippi State, Mississippi 39762 © 2017.
All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transcribed, in any form or by any means without the prior written permission of the Center for Government & Community Development, Mississippi State University Extension Service. This publication is designed to provide accurate and authoritative information regarding the organization and operation of municipal government in Mississippi. It is distributed with the understanding that the editors, the individual authors, and the Center for Government & Community Development in the Mississippi State University Extension Service are not engaged in rendering legal, accounting, or other professional services.
If legal advice or other expert assistance is required by the readers, the services of the Office of the Attorney General of Mississippi, the Office of the State Auditor of Mississippi, a municipal attorney, or some other competent professional should be sought. We are an equal opportunity employer, and all qualified applicants will receive consideration for 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. Department of Agriculture.
Published in furtherance of Acts of Congress, May 8 and June 30, 1914. JACKSON, Director ii CONTENTS Contents. iii Foreword from the Mississippi State University Extension Service. ix Foreword from the Mississippi Municipal League.
xiii Chapter I: Historical and Constitutional Development of the Municipality in Mississippi .1 Development of Municipal Government in the United States .2 A Brief Mississippi History .4 Constitutional Development of Municipal Government in Mississippi .7 Chapter II: Using the Mississippi Code of 1972, Annotated.10 What Is the Mississippi Code? .10 Does the Code Contain the Latest Version of the Statutes? .10 How Do I Find the Statutes on a Particular Subject?.10 Chapter III: Functions and Powers .13 Sources of Municipal Power in Mississippi.13 Classification, Creation, Abolition, Expansion, and Forms of Municipal Government.14 General Powers and Home Rule .15 General Administrative Matters .19 Health, Safety, and Welfare .20 Police, Police Departments, and Municipal Courts .24 Fire Departments and Districts .24 Public Utilities and Transportation .25 Streets, Parks, and Other Public Facilities .25 Inter-Governmental Cooperation .26 Chapter IV: Forms of Government .27 Mayor-Board of Aldermen Form .31 Council-Manager Form.33 Mayor-Council Form .36 iii Chapter V: The Nature of the Municipal Corporation .41 The Municipal Charter .42 Home Rule Permits .51 Home Rule Does Not Permit .61 Classification, Creation, Abolition, and Expansion .69 Annexation or Contraction.79 Legislative Sovereign Immunity in Mississippi .80 Overview of Annexation .80 Pre-Annexation Planning .93 Chapter VI: Officers, Boards, and Commissions.94 Duties of Certain Municipal Officers .96 Boards, Commissions, and Authorities.99 Chapter VII: Open Meetings, Public Records, Conflicts of Interest .102 Open Meetings Act .102 Public Records Act .106 Mississippi Ethics Laws.109 The Complaint Procedure .119 The Statement of Economic Interest .119 Mississippi Ethics Commission .121 Chapter VIII: Planning, Zoning, and Subdivision Control .123 The Comprehensive Plan .131 Chapter IX: Financial Administration .135 State Laws and Regulations .142 iv Municipal Depositories .145 State Auditor’s Services.146 Chapter X: Ad Valorem Tax Administration.147 Classes of Property .147 Audits and Responsibilities.148 The Ad Valorem Tax Formula .149 What Is a Mill and How Is It Used? .150 Setting the Ad Valorem Tax Levy .151 Purposes for Which Ad Valorem Taxes May Be Levied .151 Limits on the Levying of Ad Valorem Taxes .152 Advertising Prerequisite to Budgeting Increased Ad Valorem Revenue.152 Collection of Ad Valorem Taxes .152 Special Ad Valorem Tax Exemptions.154 Glossary of Selected Terms Related to Industrial Tax Exemptions .156 Free Port Warehouses .157 Chapter XI: Purchasing .158 Why Municipalities Make Purchases.158 How Municipalities Make Purchases.158 Municipal Purchasing Policies.158 Purchasing/Leasing Real Property .161 Purchasing Bonds and Insurance .161 Chapter XII: Bonds, Borrowing, and Debt Administration .162 Nature of Municipal Bonds.162 Authority to Borrow.162 Types of Municipal Bonds and Debt .163 Tax Considerations and Overview .171 Bank Eligible Bonds .173 Local and Private Legislation .173 Securities Overview – Disclosure and Continuing Disclosure .173 Public Sale Requirements .174 Voting Rights Preclearance.174 Major Steps in the Process for Issuance of Bonds .174 Alphabetical Reference to Certain Purposes.177 v Miscellaneous Statutory Provisions Related to the Issuing of Bonds or Other Debt.180 Glossary of Selected Terms .182 Chapter XIII: Personnel Administration .187 Americans with Disabilities Act .190 Family and Medical Leave Act .195 Genetic Information Nondiscrimination Act .200 Age Discrimination in Employment Act .201 Fair Labor Standards Act .203 Equal Pay Act .232 Uniformed Services Employment and Reemployment Rights Act of 1994 .234 The Rehabilitation Act of 1973 and Mississippi Code Ann.237 Consumer Credit Protection Act and the Bankruptcy Act Amendments of 1984 .239 The Immigration Reform and Control Act .240 Consolidated Omnibus Budget Reconciliation Act .243 Executive Order No.261 Mississippi Unemployment Compensation Law .261 Mississippi’s Child Support and Wage Garnishment Laws .264 Anti-Strike Law .267 Chapter XIV: Records Management .270 Basics of Records Management .271 Implementing a Records Management Program.274 Chapter XV: The Electoral Process .279 Candidate Qualifying Procedure .281 Ruling on Candidate Qualifications .282 Printing the Ballot .283 vi Absentee Voting.289 Mississippi Voter Photo ID.294 Examination of Ballot Boxes .294 Contest of Election.295 Chapter XVI: Municipal Courts.296 Establishment and Jurisdiction of Municipal Courts .297 Appointment of the Municipal Judge .298 Powers and Duties of the Municipal Judge.298 The Municipal Judge Pro Tempore.304 The Municipal Prosecuting Attorney .305 The Executive Officer of Municipal Court .305 The Clerk of the Municipal Court.306 Disposition of Motor Vehicle and Traffic Offenses .307 Disposition of Parking Violations.312 Chapter XVII: Information Technology .313 Equipping the Local City Government Office .315 Maintaining Healthy Computers .315 Creating an Office Computer Policy.319 Public Request for Information Records.320 Creating a Web Presence for the Municipality .320 Creating an Emergency Backup Plan .322 Networking the Local Government Office .324 Chapter XVIII: Environmental Issues .326 National Ambient Air Quality Standard .326 Mississippi Air Quality Regulation .326 Greenhouse Gas and Climate Change.329 Smart Growth and Farm Land Protection .336 Underground Storage Tanks (Gasoline & Diesel) .336 Public Water Supply .337 Wastewater Treatment Plants .338 On-Site Wastewater Disposal Systems (Septic Tanks) .340 vii Solid Waste .342 Planning and Updates .346 Solid Waste Planning .347 Nonhazardous Solid Waste Corrective Action Trust Fund (CATF) .348 Waste Tire Abatement Program.348 Diesel Engine Replacement .349 Multimedia State and Tribal Assistance Grants (STAG) .350 Appendix I: The Center for Government & Community Development .351 Appendix II: Certification Training Program for Municipal Clerks .357 Appendix III: The Mississippi Municipal League .359 Appendix IV: The Mississippi Municipal Service Company .362 Appendix V: Selected Information about Mississippi Municipalities .364 viii FOREWORD FROM THE MISSISSIPPI STATE UNIVERSITY EXTENSION SERVICE The Mississippi State University Extension Service is a vital, unbiased, research-based, client- driven organization. Extension is Mississippi State University’s lead unit for outreach and engagement, and is dedicated to delivering the information people need to make qualified decisions about their economic, social, and cultural well-being. As director, I want to focus on these 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; and • make a significant impact in the lives of Mississippians.
Like the cities of our state, the Mississippi State University Extension Service exists to provide services that improve the lives of Mississippians. In addition to the programs we provide in the areas of agriculture and natural resources, family and consumer education, 4-H youth development, and community resource development, the Extension Service, through the Center for Government & Community Development (GCD), provides three major types of services to local governments—education and certification programs for elected and appointed officials, specialized publications, and technical assistance. The GCD currently works in conjunction with the following associations of local government officials to help meet and fulfill their educational needs: Mississippi Association of Supervisors, Mississippi Municipal League, Mississippi Association of County Board Attorneys, Mississippi Municipal Clerks and Tax Collectors Association, Mississippi Chancery Clerks Association, Mississippi Association of County Administrators/Comptrollers, Mississippi Assessors and Collectors Association, Mississippi Chapter of International Association of Assessing Officers, Mississippi Civil Defense & Emergency Management Association, Mississippi 911 Association, and Mississippi Association of County Engineers. The center works with these associations to plan and implement a variety of educational programs, seminars, and workshops.
In cooperation with the State Department of Audit and the Mississippi Department of Revenue, the GCD manages legislatively mandated certification programs for county purchase clerks, receiving clerks, inventory control clerks, tax assessors, and tax collectors and manages professional education programs for county supervisors and county administrators. The GCD’s Certification Program for Municipal Clerks and Tax Collectors and Certified Appraiser School are nationally recognized. The GCD assists the Office of the Secretary of State in implementing a training program for municipal clerks and municipal election officials. Active in training in the areas of homeland security and emergency preparedness and management, the GCD works with the Mississippi Emergency Management Agency, Mississippi Office of Homeland Security, Mississippi State Department of Health, and Mississippi Board of Animal Health to provide training, seminars, and workshops for local government and emergency management officials.
Technical assistance is provided by the center to counties and municipalities in such areas as general management, financial administration, personnel administration, leadership ix development, economic development, and community facilities and services. Technical assistance is provided on a “time-available” basis. Through these activities, the GCD assists local government officials, local units of government, 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 business, legislative, or political affairs of the local governments or local government associations with which it works.
Our commitment to do whatever we can to improve service delivery by municipal government in our state is as strong as ever. This book is dedicated to that end. Gary Jackson, PhD Director Mississippi State University Extension Service July 2017 FOREWORD FROM THE MISSISSIPPI MUNICIPAL LEAGUE As the official nonprofit organization of cities and towns of Mississippi, the Mississippi Municipal League is honored to join forces with the Mississippi State University Extension Center for Government and Community Development in presenting the sixth edition of Municipal Government in Mississippi. As stated in our mission statement, the league makes a continuous effort to provide municipal officials across the state with the resources, support, and training required when it comes to the organization and operation of municipal government in Mississippi.
Both newly elected and experienced officials will find this publication to be an invaluable source of information as you fulfill your elected position of service to your community. It is our hope that this book will serve as a manual in the many areas that encompass municipal government in Mississippi. The Mississippi Municipal League is truly appreciative to the MSU Extension Center for Government and Community Development, in addition to all other individuals and organizations that contributed to the publication of this excellent reference source. The MML pledges its continued effort to strengthen the ability of municipal governments to better serve their citizens and our state as a whole.
Veazey Executive Director Mississippi Municipal League x PREFACE In 2001, the Center for Government & Community Development in the Mississippi State University Extension Service published Municipal Government in Mississippi, 2nd Edition, Revised and Expanded.