June 2011

CIRCUIT COURTS

A court administrator is a "judicial official" for purposes of Section 83-39-3(2) and thus the spouse of a court administrator is prohibited from writing bonds in the Circuit Court District where the court administrator is employed. However, this would not prohibit the Court Administrator's brothers-in-law or other non-relative agents of the company from writing bonds in the 17th Circuit Court District or its counties, nor would it prohibit the spouse from writing bonds in other Circuit Court Districts. (Chamberlin, 6/3/2011)(#043)(OP-11-00194)

CRIMINAL LAWS

Law Enforcement Officers of the Yazoo-Mississippi Levee Board are certified law enforcement officers and vested with the authority to bear arms and make arrests as are other certified law enforcement officers pursuant to Section 45-6-3 of the Mississippi Code. (Mayo, 6/15/2011)(#057)(OP-11-00207) A weapon used in the commission of a crime shall be seized by the arresting officer and if convicted forfeited and disposed of as ordered by the court. In the event of dismissal or acquittal of the charges the weapon should be returned to the accused from whom it was seized. (Barton, 6/17/2011)(#057)(OP-11-00163) An attorney of record in municipal or justice court may use recordings of any type for impeachment purposes. (Patch, 6/10/2011)(#057)(OP-11-00161) A judge may not exclude individuals or groups of individuals from a courtroom without a finding, on a case by case basis that such action is necessary to insure order and decorum. (Palmer, 6/10/2011)(#057)(OP-11-00199) Simple assault on a youth service counselor is a misdemeanor pursuant to Section 97-3-7 (1). (Govan, 6/10/2011)(#057)(OP-11-00221) The county court may hear misdemeanor cases which originated in the county court by means of affidavit from a private citizen or ordinance/code official filed with the county court clerk. (Montgomery, 6/10/2011)(#057)(OP-11-00082) Section 27-19-56(5) (b) of the Mississippi Code does not require that a handicap placard be presented to the court. The form and content of the proof would be determined by the court on a case by case basis. (Nixon, 6/10/2011)(#057)(OP-11-00073) Pursuant to Section 99-5-27 of the Mississippi Code a bail bondsman must either personally return the prisoner or pay to the county the reasonable cost of the return if the other jurisdiction will not release the prisoner to bail. (Heathcock, 6/3/2011)(#057)(OP-11-00219)

HOSPITALS-COMMUNITY

In deciding to sell the existing community hospital facilities, as a "leased facility", City and County have the discretion under Mississippi law to sell the existing hospital facilities and related assets on "mutually agreeable terms? not limited to "fair market value" as reflected in an appraisal. The county is required to obtain good and valuable consideration for the hospital so as not to constitute a donation. (O'Donnell, 6/10/2011)(#092)(OP-11-00208)

INTERLOCAL AGREEMENTS

Interlocal Agreement between the City of Brookhaven and Lincoln County for the purpose of constructing, repairing, improving and funding Old W.L. Behan Road in Brookhaven is approved. (Allen, 6/1/2011)(#277)(OP-11-00160) Approval of Interlocal Agreement between Warren County and Vicksburg concerning 2011 Edward Byrne Memorial Justice Assistance Grant. (Thames, 6/24/2011)(#277)(OP-11-00257) Interlocal Agreement between the City of Oxford and Lafayette County for the operation of an on-call public transportation service to be funded by anticipated federal grant money is approved. (Carwyle, 6/23/2011)(#277)(OP-11-00249) Interlocal Cooperative Agreements between Simpson County and the City of Mendenhall in order to allow the named local governmental authorities to apply for funding under the PSIC Grant to fund interoperable radio communications between local public safety agencies is approved. (Lewis, 6/3/2011)(#277)(OP-11-00170) Interlocal Agreement between Holmes County and the City of Durant to allow the city to receive monetary contributions from the county for the construction and/or upgrade of a park and recreational facility in the City of Durant is approved. (Clark, 6/3/2011)(#277)(OP-11-00166)

LEGISLATIVE

House Bill No. 1054 of the 2011 Regular Session is not an appropriation bill and, therefore, is not subject to partial veto under Section 73 of the Mississippi Constitution of 1890. (Stringer, 6/1/2011)(#104)(OP-11-00181)

MISCELLANEOUS

The described determinations and distributions of E911 fees are correct. (Senter, 6/17/2011)(#115)(OP-11-00216)

MISS. AUTHORITY FOR EDUCATIONAL TELEVISION

EdNet and its state agency FCC-licensed partners may enter into user agreements with private FCC-qualified entities to use certain EdNet equipment to meet the FCC deadline. (Sansing, 6/17/2011)(#118)(OP-11-00233)

MUNICIPALITIES

The board of supervisors cannot own more than two (2) acres for any one (1) location. The two (2) acre restriction also applies to leasing the two acres. (Thompson, 6/3/2011)(#140)(OP-11-00209) A municipality, in the absence of a tuition reimbursement policy, may reimburse, out of the fire department training budget, its certified firefighters all or part of the costs associated with a basic EMT class or a Paramedics Studies program at a college or university. (Dye, 6/17/2011)(#142)(OP-11-00227) A municipality is authorized to hire a security firm/security guard to provide security at municipal parks, in addition to the police protection generally provided by the municipal police department, pursuant to the municipality's home rule powers (M.C.A. Section 21-17-5) and its general police power (M.C.A. Section 21-19-15). (Mitchell, 6/3/2011)(#142)(OP-11-00195)

SCHOOLS-PROPERTY

Sections 37-7-301 and 37-7-301.1 do not authorize the school board of a school district as custodians of personal school district property to permit the use of a school district owned driver's education car by a private school. (Brown, 6/3/2011)(#190)(OP-11-00210) If a school district chooses to include in its request for ad valorem tax effort an amount that includes the increase in the required local contribution over the previous year's required local contribution amount, the district is not required to request the full amount of the increase, but may request any amount of the increase, up to full amount. (Robert, 6/10/2011)(#193)(OP-11-00220)

SEPARATION OF POWERS

A school board member is in the executive branch of government and exercises powers therein. Therefore, a person cannot serve as a member of the school board and a member of the state senate simultaneously. (Simmons, 6/10/2011)(#271)(OP-11-00217)

SUPERVISORS-AUTHORITY

The Bolivar County Board of Supervisors (the Board) is legally required to adopt a two (2) justice court district redistricting plan, submit it to the U.S. Department of Justice for preclearance, and have the 2011 Primary and General Elections conducted pursuant to that plan. If the Board determines, consistent with the facts, that it has acted reasonably and in good faith and that it is not possible to effectuate such plan, the elections must necessarily be conducted pursuant to the current three (3) justice court district plan. (Turnage, 6/6/2011)(#220)(OP-11-00185)

TAXES-AD VALOREM

If the Board of Supervisors determines that the mistake was not the taxpayer's but was made by the county, i.e., the Tax Assessor's office, in not ever having properly assessed the taxpayer, then the Board would have the authority to forgive the penalties and interest on the accrued ad valorem taxes. (Martin, 6/10/2011)(#236)(OP-11-00222)

UTILITY DISTRICTS

St. Catherine Creek Utility Authority may transfer electrical distribution lines to Southwest Mississippi Electric Power Association by the execution of a bill of sale. The Authority should also grant utility easement to the Association. (Allen, 6/17/2011)(#266A)(OP-11-00229)