Bill Text: MS SB2688 | 2018 | Regular Session | Introduced
Bill Title: Municipal holdover/interim appointments; limit to 60 days.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [SB2688 Detail]
Download: Mississippi-2018-SB2688-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Harkins
Senate Bill 2688
AN ACT TO AMEND SECTION 21-15-41, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PERSON SHALL SERVE IN AN INTERIM OR HOLDOVER CAPACITY FOR LONGER THAN 60 DAYS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-15-41, Mississippi Code of 1972, is amended as follows:
21-15-41. (1) No person
shall serve in an interim or hold-over capacity for longer than * * * sixty (60)
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 * * * sixty (60)
days after the expiration of the position's term, or within * * * sixty (60)
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 * * * sixty-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 * * *.
For such appointees, the * * * one hundred eighty‑day limitation period * * * for
serving in a hold-over or interim capacity shall not be tolled and shall not be
longer than sixty (60) days.
(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 2. This act shall take effect and be in force from and after its passage.
