SB 2735 — Mayoral veto power; clarify scope of.

2735 (As Passed the Senate) AN ACT TO AMEND SECTION 21-7-13, MISSISSIPPI CODE OF 1972, TO CLARIFY THE SCOPE OF MAYORAL VETO POWER;POWER AND CONTRACT POWER UNDER THE COUNCIL FORM OF GOVERNMENT;

TO AMEND SECTION 21-3-15,21-8-17, MISSISSIPPI CODE OF 1972, TO CONFORM;CLARIFY THE SCOPE OF MAYORAL VETO POWER AND CONTRACT POWER UNDER THE MAYOR-COUNCIL FORM OF GOVERNMENT;

TO AMEND SECTION 21-3-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS;

(b) represent the municipality in all functions political, social or economic, but he shall in no wise bind the municipality, other than as he may be specifically authorized or delegated to do by the council, as reflected by its orders, resolutions or S.

2735 *SS26/R477.2**SS08/R477PS* ~ OFFICIAL ~ G1/2 23/SS26/R477.223/SS08/R477PS PAGE 1 (cap\tb)than as he may be specifically authorized or delegated to do by the council, as reflected by its orders, resolutions or ordinances;

In carrying out his duties or exercising his powers, the mayor shall in no case expend municipal funds in excess of One Hundred Dollars ($100.00) in any one instance without the prior approval of the council.

No mayor shall implement any ordinance nor enter into any public contract which has not previously been adopted by the council.

Section 21-3-15,21-8-17, Mississippi Code of 1972, is amended as follows:

21-3-15.21-8-17.

(1) The mayor shall presideenforce atthe allcharter meetingsand ordinances of the boardmunicipality ofand aldermen,all andgeneral inlaws caseapplicable therethereto, but he shall beneither anenforce equalor division,implement S.any municipal ordinance nor enter into any public contract without the prior approval of the council.

He shall annually report to the council S.

2735 *SS26/R477.2**SS08/R477PS* ~ OFFICIAL ~ 23/SS26/R477.223/SS08/R477PS PAGE 2(cap\tb)2 shalland givethe public on the decidingwork vote.of the previous year and on the condition and requirements of the municipal government and shall, from time to time, make such recommendations for action by the council as he may deem in the public interest.

He shall supervise all of the departments of the municipal government and shall require each department to make an annual report and such other reports of its work as he may deem desirable.

No member of the council shall give orders to any employee or subordinate of a municipality other than the council member's personal staff.

(2) Affirmative ordinances adopted by the council shall be submitted to the mayor and he shall, within ten (10) days (not including Saturdays, Sundays or holidays) after receiving any affirmative ordinance, either approve the affirmative ordinance by affixing his signature thereto or return it to the council by delivering it to the clerk of the council together with a statement setting forth his objections thereto or to any item or part thereof.

No affirmative ordinance or any item or part thereof shall take effect without the mayor's approval, unless the mayor fails to return an affirmative ordinance to the council prior to the next council meeting, but no later than fifteen (15) days (not including Saturdays, Sundays or holidays) after it has been presented to him or unless the council upon reconsideration thereof not later than the tenth day (not including Saturdays, Sundays or holidays) following its return by the mayor, shall, by S.

B.

No.

2735 *SS08/R477PS* ~ OFFICIAL ~ 23/SS08/R477PS PAGE 3 a vote of two-thirds (2/3) of the members present and voting resolve to override the mayor's veto.

(3) The mayor may attend meetings of the council and may take part in discussions of the council but shall have no vote except in the case of a tie on the question of filling a vacancy in the council, in which case he may cast the deciding vote.

SECTION 3.

Section 21-3-15, Mississippi Code of 1972, is amended as follows:

21-3-15.

(1) The mayor shall preside at all meetings of the board of aldermen, and in case there shall be an equal division, shall give the deciding vote.

In exercising his executive power, the mayor shall in no case expend municipal funds in excess of One Hundred Dollars ($100.00) in any one instance without the prior approval of the board of aldermen.

(b) Ordinances* * * Affirmative ordinances adopted by the board of aldermen shall be submitted to the mayor.

The mayor shall, within ten (10) days after receiving any affirmative ordinance, either approve the ordinance by affixing his signature thereto, or return it to the board of aldermen by delivering it to the municipalS. clerk together with a written statement setting forth his objections thereto or to any item or part thereof.

No ordinance or any item or part thereof shall take effect without the mayor's approval, unless the mayor fails to return an ordinance to the board of aldermen prior to the next meeting of the board, but no later than fifteen (15) days after it has been presented to him, or unless the board of aldermen, upon reconsideration thereof on or after the third day S.

2735 *SS26/R477.2**SS08/R477PS* ~ OFFICIAL ~ 23/SS26/R477.223/SS08/R477PS PAGE 3(cap\tb)4 followingmunicipal itsclerk returntogether bywith the mayor, shall, by a votewritten ofstatement two-thirdssetting (2/3)forth ofhis theobjections membersthereto ofor the board, resolve to overrideany theitem mayor'sor veto.part thereof.

No ordinance or any item or part thereof shall take effect without the mayor's approval, unless the mayor fails to return an ordinance to the board of aldermen prior to the next meeting of the board, but no later than fifteen (15) days after it has been presented to him, or unless the board of aldermen, upon reconsideration thereof on or after the third day following its return by the mayor, shall, by a vote of two-thirds (2/3) of the members of the board, resolve to override the mayor's veto.

SECTION 3.4.

This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.

2735 *SS26/R477.2**SS08/R477PS* ~ OFFICIAL ~ 23/SS26/R477.223/SS08/R477PS ST:

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