Bill Text: MS HB130 | 2016 | Regular Session | Enrolled
Bill Title: Municipal clerks in code charter municipalities; require to be appointed instead of elected.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2016-05-16 - Approved by Governor [HB130 Detail]
Download: Mississippi-2016-HB130-Enrolled.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Municipalities
By: Representatives Holland, Bennett, Dixon
House Bill 130
(As Sent to Governor)
AN ACT TO AMEND SECTION 21-3-3, MISSISSIPPI CODE OF 1972, TO REMOVE THE CITY OR TOWN CLERK AS AN ELECTIVE OFFICER IN MUNICIPALITIES OPERATING UNDER A CODE CHARTER AND TO PROVIDE THAT SUCH OFFICER SHALL BE APPOINTED BY THE GOVERNING AUTHORITIES OF THE MUNICIPALITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-3-3, Mississippi Code of 1972, is amended as follows:
21-3-3. The elective
officers of all municipalities operating under a code charter shall be the
mayor, the aldermen, municipal judge, the marshal or chief of police,
the tax collector * * *
and the tax assessor * * *. From and
after July 1, 2017, the governing authorities of the municipality shall appoint
a city or town clerk who shall likewise serve as an officer of the
municipality. However, the governing authorities of the municipality shall
have the power, by ordinance, to combine the office of clerk or marshal with
the office of tax collector and/or tax assessor. Such governing authorities
shall have the further power to provide that all or any of such officers,
except those of mayor and aldermen, shall be appointive, in which case the
marshal or chief of police, the tax collector, the tax assessor, and the city
or town clerk, or such of such officers as may be made appointive, shall be
appointed by the * * *
such governing authorities. Any action taken by the governing
authorities to make any of such offices appointive shall be by ordinance of
such municipality, and no such ordinance shall be adopted within ninety (90)
days prior to any regular general election for the election of municipal
officers. No such ordinance shall become effective during the term of office
of any officer whose office shall be affected thereby. If any such office is
made appointive, the person appointed thereto 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, and it shall be
discretionary with the governing authorities whether or not to require such
person appointed thereto to reside within the corporate limits of the
municipality in order to hold such office.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
