SB 2607 — Municipalities; expedite process for menace property cleanup and limit hold-over/interim service for officers/employees of.

SB2607 (As Introduced)Passed the Senate) - 2018 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Burton Senate Bill 2607 (As Passed the Senate) AN ACT TO AMEND SECTION 21-19-11, MISSISSIPPI CODE OF 1972, WHICH SETS FORTH THE LAW ON CLEANING PROPERTY DETERMINED TO BE A MENACE TO PUBLIC HEALTH, SAFETY AND WELFARE;

TO AMEND SECTION 21-15-41, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PERSON SHALL SERVE IN AN INTERIM OR HOLD-OVER CAPACITY FOR LONGER THAN 90 DAYS;

TO AMEND SECTIONS 21-3-5 AND 21-8-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MUNICIPAL OFFICERS AND EMPLOYEES TO SERVE IN A HOLD-OVER CAPACITY UNTIL THE APPOINTMENT AND QUALIFICATION OF THEIR SUCCESSORS;

and draining cesspools and standing water therefrom.  The governing authority shall by resolution adjudicate the actual cost of cleaning the property under this provision, provided the same does not exceed Two Hundred Fifty Dollars ($250.00).  The cost may become a civil debt against the property owner, and/or, at the option of the governing authority, an assessment against the property.  The "cost assessed against the property" means either the cost to the municipality of using its own employees to do the work or the cost to the municipality of any contract executed by the municipality to have the work done, and additionally may include administrative costs of the municipality not to exceed Fifty Dollars ($50.00).  For subsequent cleaning within the one-year period set forth in this subsection (2), upon seven (7) days' notice posted both on the property or parcel of land adjudicated in need of cleaning and at city hall or another place in the municipality where such notices are generally posted, and consistent with the municipal official's determination as authorized in this subsection (2), a municipality may reenter the property or parcel of land to maintain cleanliness without further notice or hearing under this subsection (2) no more than six (6) times in any twelve-month period with respect to removing abandoned or dilapidated buildings, slabs, dilapidated fences and outside toilets, and no more than twelve (12) times in any twenty-four-month period with respect to cutting grass and weeds and removing rubbish, personal property and other debris on the land, and the expense of cleaning of the property shall not exceed an aggregate amount of One Thousand Dollars ($1,000.00) per year under this subsection (2).  The governing authority may assess the same penalty for each time the property or land is cleaned as otherwise provided in this subsection (2).  The penalty provided herein shall not be assessed against the State of Mississippi upon request for reimbursement under Section 29-1-145, nor shall a municipality clean a parcel owned by the State of Mississippi without first giving notice.  A determination made by an appropriate municipal employee under this subsection (2) that the state or condition of property or a parcel of land is a menace to the public health, safety and welfare of the community shall not subsequently be used to replace a hearing if subsection (1) of this section is later utilized by a municipality when the prerequisites of this subsection (2) are not satisfied.

     ( * * *45)  All decisions rendered under the provisions of this section may be appealed in the same manner as other appeals from municipal boards or courts are taken.  However, an appeal from a decision of a municipal officer or official shall be made to the governing authority and such appeal shall be in writing, state the basis for the appeal and be filed with the Citycity Clerkclerk no later than seven (7) days from the latest date of notice required under this section.

     SECTION 2.  ThisSection act21-15-41, shallMississippi takeCode effectof and1972, beis inamended forceas fromfollows: and after July 1, 2018.

     21-15-41.  (1)  No person shall serve in an interim or hold-over capacity for longer than * * * one hundred eighty (180) ninety (90) days in a position that is required by law to be filled by appointment of the governing body of a municipality, or by mayoral appointment with the advice and consent of the council or aldermen.  If such position is not filled within * * * one hundred eighty (180) ninety (90) days after the expiration of the position's term, or within * * * one hundred eighty (180) ninety (90) days after the date of appointment if an interim appointment, the hold-over service or interim appointment shall terminate and no municipal funds may thereafter be expended to compensate the person serving in the position.  Further, any action or vote taken by such person after the * * * one hundred eighty ninety-day period shall be invalid and without effect.  If a council or board of aldermen rejects, or otherwise fails to confirm, an individual submitted by the mayor for appointment, the mayor may not resubmit or reappoint the same individual for that position during the remainder of the mayor's current term in office.

     (2)  It is the intent of the Legislature that the provisions of this section shall apply * * *retroactively to all appointees serving in a hold-over or interim capacity on the effective date of this act * * * and.  For such appointees, the * * * one hundred eighty‑day limitation period * * * shall commence to run on July 1, 2017 for serving in a hold-over or interim capacity shall be no longer than ninety (90) days from July 1, 2018.

     (3)  Any registered voter who resides in the municipality may file all objections to any matters relating to an alleged violation of this section in the chancery court of the county where the municipality is located.  The chancery court is authorized to adjudicate and determine relief as may be proper.  The court shall award reasonable attorney's fees and costs to the prevailing party.

     SECTION 3.  Section 21-3-5, Mississippi Code of 1972, is amended as follows:

     21-3-5.  From and after the expiration of the terms of office of present municipal officers, the mayor and board of aldermen of all municipalities operating under this chapter shall have the power and authority to appoint a street commissioner, and such other officers and employees as may be necessary, and to prescribe the duties and fix the compensation of all such officers and employees.  All officers and employees so appointed shall hold office at the pleasure of the governing authorities and may be discharged by such governing authorities at any time, either with or without cause.  The governing authorities of municipalities shall have the power and authority, in their discretion, to appoint the same person to any two (2) or more of the appointive offices, and in a municipality having a population of less than fifteen thousand (15,000), according to the latest available federal census, a member of the board of aldermen may be appointed to the office of street commissioner.  In municipalities not having depositories, the clerk shall serve as ex officio treasurer.  The municipal governing authorities shall require all officers and employees handling or having the custody of any public funds of such city to give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in an amount to be determined by the governing authority (which shall be not less than Fifty Thousand Dollars ($50,000.00)), the premium on same to be paid from the municipal treasury.  The terms of office or employment of all officers and employees so appointed shall expire at the expiration of the term of office of the governing authorities making the appointment, unless such officers or employees shall have been sooner discharged as herein provided.  All officers and employees so appointed are authorized to serve until the appointment and qualification of their successors not exceeding the limitation period provided in Section 21-15-41.

     SECTION 4.  Section 21-8-23, Mississippi Code of 1972, is amended as follows:

     21-8-23.  (1)  The municipality may have a department of administration and such other departments as the council may establish by ordinance.  All of the administrative functions, powers and duties of the municipality shall be allocated and assigned among and within such departments.

     (2)  Each department shall be headed by a director, who shall be appointed by the mayor and confirmed by an affirmative vote of a majority of the council present and voting at any such meeting.

Each director shall serve during the term of office of the mayor appointing him and until the appointment and qualification of the director's successor not exceeding the limitation period provided in Section 21-15-41.

     (3)  The mayor may, in his discretion, remove the director of any department.  Directors of departments shall be excluded from the coverage of any ordinance or general law providing for a civil service system in the municipality;

provided, however, all individuals serving as heads of departments at the time of the municipality's adoption of the mayor-council form as described in this chapter shall continue to be covered by the provisions of the civil service system in effect at the time the mayor-council form is adopted.

     (4)  Directors of departments shall appoint subordinate officers and employees within their respective departments and may, with approval of the mayor, remove such officers and employees subject to the provisions of any ordinance establishing a civil service system where that system is effective in the municipality, or other general law;

provided, however, that the council may provide by ordinance for the appointment and removal of specific boards or commissions by the mayor.

     (5)  Whenever the city council is authorized by any provision of general law to appoint the members of any board, authority or commission, such power of appointment shall be deemed to vest in the mayor with the confirmation of an affirmative vote of a majority of the council present and voting at any meeting.

     (6)  The council shall also require all officers and employees handling or having the custody of any of the public funds of such municipality to give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in an amount to be determined by the council (which shall not be less than Fifty Thousand Dollars ($50,000.00)), the premium on which bonds shall be paid by the city.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2018.