June 2009

AGRICULTURAL COMMISSION

This office concludes that, without any specific direction by the Legislature on the allocation of funds from the appropriation, the Commissioner if Agriculture, as head of the agency, has the power to administer the appropriation in a manner that stays within the limits of the appropriation and that a decision to discontinue funding the State meat inspection program in order to stay within these limits is within the power of the your office. (Spell, 6/12/2009)(#004)(OP-09-00370)

CORONERS (MEDICAL EXAMINERS)

A regional medical examiner district may employ or contract with one or more pathologists to serve as medical examiners of the district, which will perform postmortem examinations and autopsies for the counties involved. (Shivers, 6/26/2009)(#047)(OP-09-00268)

COURTS

18 U.S.C.A. Section 2265(3)(d) of the Violence Against Women Act prohibits the publication to the general public of identifying information on the Internet regarding victims of domestic violence seeking or obtaining orders of protection. It does not prohibit the sharing of such information via the Internet between courts or law enforcement agencies for the purpose of enforcement or entry into a registry. (Bise, 6/5/2009)(#056)(OP-09-00319) A justice court judge, in misdemeanor cases, may suspend sentence and suspend execution of sentence, or any part thereof, pursuant to Section 99-19-25 as amended by the 2009 Legislature. (Little, 6/26/2009)(#056)(OP-09-00365)

CRIMINAL LAWS

A convicted felon may not possess a black powder rifle and/or shotgun unless he has been pardoned, received relief from disability, or has received a certificate of rehabilitation. (Lee, 6/5/2009)(#057)(OP-09-00252)

DRAINAGE-LEVEE-DISTRICTS

Pearl River Basin Development District is authorized to expend funds to complete projects already begun within the boundaries of Hinds County prior to its withdrawal and must comply with all contracts related to PRBDD projects which have already been entered into with Hinds County prior to its withdrawal. (Rayner, 6/26/2009)(#061)(OP-09-00244)

GROUP INSURANCE

The language "single or multiple claims" in Mississippi code Annotated Section 25-15-101, on its face, referred to the number of total claims accruing under all policies carried, including a self-funded program, by a political subdivision or other entity providing insurance coverage to its employees. Whether or not these claims refer to specific or aggregate re-insurance policies, and how limited the liability of a public entity who provides a self-funded insurance plan and possibly other policies will be, depends on a particularized application of this statute to a set of facts. (Morgan, 6/25/2009)(#086)(OP-09-00367)

HOSPITALS-COMMUNITY

Board of Trustees of Singing River Health System would be authorized pursuant to Section 41-13-38(2) to provide financial assistance to a nonprofit healthcare provider in Mobile, Alabama, upon a determination by the board, consistent with fact, and spread upon the minutes, that such contribution would benefit the health or welfare of the citizens in the service area of the System. (Williams, 6/5/2009)(#092)(OP-09-00281)

INTERLOCAL AGREEMENTS

Interlocal Agreement between Lee County and Nettleton to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Harkins, 6/8/2009)(#277)(OP-09-00355) Interlocal Agreement between Lee County and Tupelo to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Harkins, 6/8/2009)(#277)(OP-09-00358) Interlocal Agreement between Lee County and Guntown to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Harkins, 6/8/2009)(#277)(OP-09-00354) Interlocal Agreement between Lee County and Saltillo to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Harkins, 6/8/2009)(#277)(OP-09-00356) Interlocal Agreement between Lee County and City of Baldwyn to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Harkins, 6/8/2009)(#277)(OP-09-00361) Interlocal Agreement between Lee County and Shannon to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Harkins, 6/8/2009)(#277)(OP-09-00357) Interlocal Agreement between Lee County and City of Verona to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Harkins, 6/8/2009)(#277)(OP-09-00359) Interlocal Agreement between Lee County and City of Plantersville to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Harkins, 6/8/2009)(#277)(OP-09-00360) Approval of Interlocal Agreement between Warren County and Vicksburg concerning 2009 Edward Byrne Memorial Justice Assistance Grant. (Thomas, 6/23/2009)(#277)(OP-09-00391) Interlocal Cooperation Agreement between Sunflower County and the town of Sunflower for resurfacing of municipal streets is approved. (McWilliams, 6/5/2009)(#277)(OP-09-00303) Interlocal Cooperation Agreement between Sunflower County and the City of Ruleville for resurfacing municipal streets is approved. (McWilliams, 6/5/2009)(#277)(OP-09-00351) Interlocal Cooperation Agreement between Sunflower County and the City of Moorehead for resurfacing of municipal streets is approved. (McWilliams, 6/5/2009)(#277)(OP-09-00352) Interlocal Cooperation Agreement between Sunflower County and the City of Indianola for resurfacing municipal streets is approved. (McWilliams, 6/5/2009)(#277)(OP-09-00353) Interlocal Cooperation Agreement between DeSoto County and the Town of Walls for animal control enforcement is approved. (Nowak, 6/5/2009)(#277)(OP-09-00318) Interlocal Agreement between Jefferson Davis County, Town of Prentiss and Town of Bassfield to allow the city and county to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Davies, 6/3/2009)(#277)(OP-09-00221) Interlocal Agreement between Board of Supervisors of George County, the Mayor and Board of Aldermen of the City of Lucedale, and the George County Board of Education to allow the city and county to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Shepard, 6/3/2009)(#277)(OP-09-00250) Interlocal Agreement between Jasper County, the City of Bay Springs and Town of Heidelberg to allow the city and county to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Lucas, 6/3/2009)(#277)(OP-09-00271) Interlocal Agreement between the City of Louisville and Winston County to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Reel, 6/3/2009)(#277)(OP-09-00227) Interlocal Agreement between Clarke County and City of Pachuta to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Chisholm, 6/3/2009)(#277)(OP-09-00241) Interlocal Agreement between DeSoto County and the Cities of Hernando, Horn Lake, Olive Branch, Southaven and Walls for the use of Hazardous Mitigation Grant Funds to purchase of emergency warning sirens for the respective parties is approved. (Nowak, 6/22/2009)(#277)(OP-09-00340) Interlocal Agreement between DeSoto County, the DeSoto County Regional Utility authority, and the Cities of Hernando, Horn Lake, Olive Branch, and Southaven for the use of Hazardous Mitigation Grant Funds to purchase emergency power generators for the respective parties is approved. (Nowak, 6/22/2009)(#277)(OP-09-00339) Approval of Interlocal Agreement between Pike, Walthall and Lincoln Counties; the Sheriffs of Pike, Walthall and Lincoln Counties; the Cities of McComb and Brookhaven; and the Chiefs of the McComb and Brookhaven Police Departments establishing the Southwest Mississippi Inter-Jurisdictional Narcotics Enforcement Unit. (Dye, 6/16/2009)(#277)(OP-09-00368) Interlocal Agreement between Clarke County and City of Stonewall to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Chisholm, 6/16/2009)(#277)(OP-09-00312) Interlocal Agreement between City of Quitman and Clarke County to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Chisholm, 6/16/2009)(#277)(OP-09-00309) Interlocal Agreement between the City of Shubuta and Clarke County to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Chisholm, 6/16/2009)(#277)(OP-09-00310) Interlocal Cooperative Agreement between Lamar County and town of Sumrall for "Public Safety Interoperability Communications" Grant Program is approved. (Pierce, 6/29/2009)(#277)(OP-09-00283) Interlocal Agreement between Jasper County and the city of Bay Springs to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Lucas, 6/8/2009)(#277)(OP-09-00308) Interlocal Agreement between Yazoo County and Yazoo City to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Norquist, 6/8/2009)(#277)(OP-09-00305) Interlocal Agreement between Town of Sumrall, the City of Lumberton, and the Lamar County School District to apply for funding under the PSIC Grant to fund interoperable radio communication between public safety agencies of the county and city is approved. (Pierce, 6/3/2009)(#277)(OP-09-00282) Interlocal Agreement between Clay County and City of West Point to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Ross, 6/8/2009)(#277)(OP-09-00316) Interlocal Agreement between the City of Starkville and Oktibbeha County concerning shelter surrenders is approved. (Spruill, 6/9/2009)(#277)(OP-09-00369)

JUVENILE COURTS (YOUTH COURT)

A Youth Court Judge has the authority to appoint a volunteer such as CASA to assist a child in the youth court process. (Alfonso, 6/5/2009)(#101)(OP-09-00219)

LEGISLATIVE

Since a member of the TVA Board of Directors does not meet the definition of one of the three exemptions contained in Section 266 of the Mississippi Constitution of 1890, it would be a violation of Section 266 for a legislator to serve as a member of the TVA Board of Directors. (Holland, 6/5/2009)(#104)(OP-09-00331) The duties mandated by the people to all three branches of government as set forth in our state constitution must be carried out, even, if the legislature is prevented from, fails, or refuses to appropriate funds. (Brown, 6/26/2009)(#104)(OP-09-00399)

MS. STATE DEPARTMENT OF HEALTH

Any instruction or program on sex education is limited to those components listed in Section 37-13-171(a) through (f) and need not include all of the enumerated components, but may not be contradictory to those that are excluded. (Thompson, 6/12/2009)(#027)(OP-09-00276)

MUNICIPALITIES

To defray cost of garbage collection, municipalities are authorized to either (1) charge a fee for garbage collection, or (2) levy taxes up to 4 mills, or (3) a combination of both. If the fees assessed are not sufficient to cover the cost of operating the system, then the county may pay for the difference from the general fund, but only if the county is assessing the 4 mill tax levy and it is shown as a line item. (Dye, 6/26/2009)(#141)(OP-09-00317) The governing authorities of a municipality with less than 20,000 inhabitants are required to appoint three election commissioners and no more. (Miller, 6/12/2009)(#149)(OP-09-00330) Municipalities are authorized to contribute funds or expend resources in support of local economic development organizations and Main Street programs, pursuant to Miss. Code Ann. Section 21-19-44 and 21-19-44.1. (Rohman, 6/26/2009)(#142)(OP-09-00334) A municipal employee has the burden of proof at a civil service hearing to furnish conclusive evidence that his employer did not act in good faith for just cause in the disciplinary action taken against him/her. (St. Pe, 6/5/2009)(#142)(OP-09-00217)

OPEN/MEETINGS/OPEN RECORDS

Whether the information described in the request would be subject to the Public Records Act depends on the source from which the information could possible be obtained. If, for example, the names and ages of county employees were compiled on a single record for some governmental purpose, then that information would be public record. However, confidential financial records of individual employees and other information found solely in personnel records would be exempt. (Morgan, 6/26/2009)(#272)(OP-09-00366)

PUBLIC PURCHASES CONTRACTS AND BIDDING

A school district may accept a donation from a foundation in the form of the installation of artificial turf on the school football field. The competitive bidding requirements of Section 31-7-13 of the Mississippi Code are only applicable to construction contracts involving state agencies and governing authorities. (Dickerson, 6/5/2009)(#280)(OP-09-00280) The failure of a non-resident bidder to submit a copy of his applicable bid preference law prior to the time of award should result in a rejection of his bid. The preference created by Section 31-3-21(3) is triggered, for the benefit of a resident bidder, when the public entity is considering two bidders that are "equal or substantially equal" and involves the submission of at least one bid from a non-resident contractor. (Dulaney, 6/26/2009)(#280)(OP-09-00363)

PUBLIC SERVICE COMMISSION

The "fuel audits" described in Miss. Code Ann. Section 77-3-42 do not seem to logically fall within the "management reviews" described by Miss. Code Ann. Section 77-3-46. The language of the two statutes themselves, their legislative histories, and their organization within the chapter dealing with the regulation of public utilities lend to the interpretation that the duties of the Public Service Commission described by the two sections in question are not interrelated. (Posey, 6/26/2009)(#167)(OP-09-00279)

SEPARATION OF POWERS

An individual may serve simultaneously as Mayor and sheriff's deputy without violating the separation of powers doctrine. (Ringer, 6/26/2009)(#271)(OP-09-00375)

STATE BOARD OF CHIROPRATIC EXAMINERS

The State Board of Chiropractic Examiners, created pursuant to Miss. Code Ann. Section 73-6-1 et seq., is a public body and is governed by the Open Meetings, Act. When the need arises, the State Board of Chiropractic Examiners may call a special meeting provided the required notice is posted within one hour and the procedure for notification is reasonable calculated to insure that a person could find out when and where the special meeting will be held. (Patterson, 6/26/2009)(#218A)(OP-09-00314)

SUPERVISORS-AUTHORITY

The Tunica County Board of Supervisors has the authority, pursuant to Miss. Code Section 25-41-7, to hire a particular individual during executive session once the Board has had its discussion regarding employment of a person in a specific position, if the individual will be an employee of the county. There is no authority for the Board to enter into executive session to discuss the employment of an individual as an independent contractor. (Dulaney, 6/25/2009)(#220)(OP-09-00306) While county is prohibited from making an outright donation to a particular patriotic organization not listed in 19-5-93 for building of a monument honoring county citizens who have been or will be recipients of the Purple Heart award, county would be authorized under Section 19-3-40 to expend public funds to erect such a monument on county property. (Sherard, 6/5/2009)(#220)(OP-09-00274) Where a tax collector is acquitted of criminal charge and the Board of Supervisors makes the determination that the criminal charges resulted from the Tax Collector acting in her official capacity, then in conformance with Section 25-1-47 such legal fees may be paid by the Board of Supervisors after recording such findings in its minutes. The Board of Supervisors has no authority to pay a suspended Tax Collector back pay for the period of time she was suspended by the Governor, absent a court order directing same. (Power, 6/5/2009)(#220)(OP-09-00313) County can remove mailboxes that are located on county road right-of way in violation of the State Aid requirements. (Martin, 6/5/2009)(#231)(OP-09-00302)

UTILITY DISTRICTS

A utility district may enter into an agreement with a rural water association to perform billing and fee collection services, discontinuation of services and collection of deposits, provided that the fee paid to the corporation is paid out of the general funds of the district. (Beard, 6/5/2009)(#266A)(OP-09-00267)