Bill Text: MS SB2735 | 2023 | Regular Session | Engrossed
Bill Title: Mayoral veto power; clarify scope of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-02-28 - Died In Committee [SB2735 Detail]
Download: Mississippi-2023-SB2735-Engrossed.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Hill
Senate Bill 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 AND CONTRACT POWER UNDER THE COUNCIL FORM OF GOVERNMENT; TO AMEND SECTION 21-8-17, MISSISSIPPI CODE OF 1972, TO 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; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-7-13, Mississippi Code of 1972, is amended as follows:
21-7-13. The powers and
duties heretofore conferred upon the mayor of municipalities by law are hereby
conferred upon and charged to the council. The mayor, or in his absence the
vice mayor, shall (a) as chairman preside at all meetings of the council, and
shall have veto power, in writing, giving his reasons therefor, of any affirmative
measure passed by the council, although * * * an affirmative measure vetoed may be
adopted notwithstanding, if two-thirds (2/3) of the council vote therefor; (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 ordinances; (c) execute for and on behalf of the council, all
documents or instruments of writing, of whatever kind and character, under the
seal of the municipality, when necessary or required; and (d) act for the
municipality as directed by the council, in any manner and for any purpose which
by any statute or law, because of its particular wording or meaning, provides
for individual action of the mayor rather than body action of the council,
wherein and whereby such right of action could not be properly or consistently
exercised by the latter, all to the end that any such municipality coming under
the provisions of this chapter shall not be denied any of the rights and
privileges which any such municipality would enjoy except for the provisions of
this chapter. The council shall fix the amount of compensation of the mayor
and vice mayor, for their additional duties as such, which compensation shall
be in addition to their compensation as councilmen.
SECTION 2. Section 21-8-17, Mississippi Code of 1972, is amended as follows:
21-8-17. (1) The mayor shall enforce the charter and ordinances of the municipality and all general laws applicable thereto, but he shall neither enforce or implement any municipal ordinance nor enter into any public contract without the prior approval of the council. He shall annually report to the council and the public on the work 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 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. The executive power of the municipality shall be exercised by the mayor, and the mayor shall have the superintending control of all the officers and affairs of the municipality, and shall take care that the laws and ordinances are executed.
(2) (a) The legislative power of the municipality shall be exercised by the board of aldermen by a vote within a legally called meeting. No member of the board of aldermen shall give orders to any employee or subordinate of a municipality other than the alderman's personal staff.
(b) * * * 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 municipal 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 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.
(c) No mayor shall implement any ordinance nor enter into any public contract which has not previously been adopted by the board of aldermen.
(3) The term "ordinance" as used in this section shall be deemed to include ordinances, resolutions and orders.
SECTION 4. This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
