Bill Text: MS HB923 | 2013 | Regular Session | Introduced
Bill Title: Municipal council and board of aldermen meeting; authorize majority of quorum to transact business.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB923 Detail]
Download: Mississippi-2013-HB923-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Municipalities
By: Representative Formby
House Bill 923
AN ACT TO AMEND SECTIONS 21-3-19, 21-5-13 AND 21-9-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN AFFIRMATIVE VOTE BY THE QUORUM OF MUNICIPAL COUNCIL MEMBERS SHALL BE NECESSARY TO CONDUCT BUSINESS; TO BRING FORWARD SECTIONS 21-7-9 AND 21-8-11, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-3-19, Mississippi Code of 1972, is amended as follows:
21-3-19. (1) The mayor and board of aldermen shall hold regular meetings the first Tuesday of each month at such place and hour as may be fixed by ordinance, and may, on a date fixed by ordinance, hold a second regular meeting in each month at the same place established for the first regular meeting provided said second meeting shall be held at a day and hour fixed by said ordinance which shall be not less than two (2) weeks from the first day of the first regular meeting and not more than three (3) weeks from the date thereof. When a regular meeting of the mayor and board of aldermen shall fall upon a holiday, the mayor and board shall meet the following day. The mayor and board may recess either meeting from time to time to convene on a day fixed by an order of the mayor and board entered on its minutes, and may transact any business coming before it for consideration. In all cases it shall require a majority of all aldermen to constitute a quorum for the transaction of business. The quorum required by this section may be established by teleconference or video means as provided in Section 25-41-5(2)(b). The affirmative vote of a majority of the quorum shall be necessary to transact business.
(2) The mayor and board of aldermen may, pursuant to Section 21-17-17, Mississippi Code of 1972, set a day other than Tuesday for the holding of their regular monthly meeting.
SECTION 2. Section 21-5-13, Mississippi Code of 1972, is amended as follows:
21-5-13. (1) Regular public meetings of the council shall be held on the first day of July after the election of the mayor and councilmen (or commissioners) that is not on a weekend, and thereafter at least twice each month, at such time as the council may by resolution provide. When a regular meeting of the council shall fall on a holiday, the council shall meet the following day.
Special meetings may be
called at any time by the mayor or by two (2) councilmen. At any and all
meetings of the council, a majority of all the members thereof shall constitute
a quorum. The quorum required by this section may be established by
teleconference or video means as provided in Section 25-41-5(2)(b). The
affirmative vote of a majority * * *of all the members of the council the quorum shall be
necessary to adopt any motion, resolution or ordinance, or to pass any measure
whatever, unless a greater number is provided for in this chapter. Upon every
vote taken by the council, the yeas and nays shall be called and
recorded, and every motion, resolution or ordinance shall be reduced to writing
before the vote is taken thereon. Upon request of one or more council members,
any motion, resolution or ordinance shall be read by the clerk before the vote
is taken thereon.
(2) The council may, pursuant to Section 21-17-17, set a day other than Monday for the holding of its regular bimonthly meeting.
SECTION 3. Section 21-7-9, Mississippi Code of 1972, is brought forward as follows:
21-7-9. (1) Regular public meetings of the council shall be held on the first Tuesday after the first Monday in January after the election of the members of the council and monthly thereafter on the first Tuesday in each month. When a regular meeting of the council shall fall upon a holiday, the council shall meet the following day. Special meetings may be called at any time by the mayor or by three (3) members of the council. At any and all meetings of the council, five (5) members thereof shall constitute a quorum. The quorum required by this section may be established by teleconference or video means as provided in Section 25-41-5(2)(b). The affirmative vote of a majority of the members of the quorum at any meeting shall be necessary to adopt any motion, resolution, or ordinance or to pass any measure whatever unless otherwise provided in this chapter. Upon every vote taken by the council the yeas and nays shall be called and recorded and every motion, resolution, or ordinance shall be reduced to writing before the vote is taken thereon. Upon request of one or more council members, any motion, resolution or ordinance shall be read by the clerk before the vote is taken thereon.
(2) The council may, pursuant to Section 21-17-17, set a day other than Tuesday for the holding of its regular monthly meeting.
SECTION 4. Section 21-8-11, Mississippi Code of 1972, is brought forward as follows:
21-8-11. (1) During the first council meeting of a new council, the council shall elect one (1) member as president of the council and one (1) of its other members as vice president, both of whom shall serve at the pleasure of the council. The president shall preside at all council meetings. In the event of the president's absence or disability, the vice president shall act as president. In the event of the absence of the president and vice president, a presiding officer shall be designated by majority vote of the council to serve during such meeting. All councilmen, including the president, shall have the right to vote in the council at all times, even when serving as acting mayor.
(2) Regular public meetings of the council shall be held on the first Tuesday after the first day of July after the election of the members of the council that is not on a weekend and at least monthly thereafter on the first Tuesday after the first Monday in each month, or at such other times as the council by order may set. Special meetings may be called at any time by the mayor or a majority of the members of the council. At any and all meetings of the council, a majority of the members thereof shall constitute a quorum and the affirmative vote of a majority of the quorum at any meeting shall be necessary to adopt any motion, resolution or ordinance, or to pass any measure whatever unless otherwise provided in this chapter. The quorum required by this section may be established by teleconference or video means as provided in Section 25-41-5(2)(b). Upon every vote taken by the council, the yeas and nays shall be recorded and every motion, resolution or ordinance shall be reduced to writing before the vote is taken thereon. Upon request of one or more council members, any motion, resolution or ordinance shall be read by the clerk before the vote is taken thereon.
(3) No councilman shall be a member of any commission or board appointed or designated herein, or serve as a member of any commission or board under their jurisdiction except as otherwise provided by law.
SECTION 5. Section 21-9-39, Mississippi Code of 1972, is amended as follows:
21-9-39. (1) Regular
public meetings of the council shall be held on the first Tuesday of each
month, at such time of day as the council may provide. When a regular meeting
of the council shall fall on a holiday, the council shall meet the following
day. Special meetings may be called at any time by the mayor or two (2)
councilmen on at least two (2) days' notice to the mayor and each member of the
council. A special meeting may also be held at any time by written consent of
the mayor and all members of the council. At all meetings of the council, a
majority of the members thereof shall constitute a quorum. The quorum
required by this section may be established by teleconference or video means as
provided in Section 25-41-5(2)(b). The affirmative vote of a majority of
all of the members of the * * * council quorum shall be necessary to adopt any motion,
resolution or ordinance, or to pass any measure whatever, unless a greater
number is provided in this chapter. Upon every vote taken by the council, the
yeas and nays shall be called and recorded, and every motion, resolution or
ordinance shall be reduced to writing before the vote is taken thereon. Upon
request of one or more council members, any motion, resolution or ordinance
shall be read by the clerk before the vote is taken thereon. The city or town
manager may be appointed only at a regular meeting of the council with no less
than a majority of the members, plus one (1), in attendance.
(2) The council may, pursuant to Section 21-17-17, set a day other than Tuesday for the holding of its regular monthly meeting.
SECTION 6. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 7. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.
