March 2011

CORPORATIONS

There is no provision of the Mississippi Nonprofit Corporation Act which authorizes directors of nonprofit corporations to vote by proxy or which authorize a quorum to be established by use of proxy votes. (Baria, 3/25/2011)(#048)(OP-11-00084)

COUNTY

The youth court judge has the ultimate authority over operation of youth court facilities, including the appointment of the director of a juvenile temporary holding facility. (Thomas, 3/14/2011)(#051)(OP-11-00057) In county operating under the beat system, in the absence of a personnel policy, the hiring and firing of a county employee is a matter left to the discretion of the board of supervisors. (McNabb, 3/11/2011)(#053A)(OP-11-00088)

COURTS

Pursuant to Rule 63 of the Mississippi Rules of Civil Procedure if the judge before whom an action had been heard is unable to render an opinion as a result of disability or death, the successor judge may order a new trial. (Davis, 3/11/2011)(#056)(OP-11-00011) There is no authority for a justice court clerk to collect a fee for the filing of a notice of renewal of judgment pursuant to Section 15-1-43 of the Mississippi Code. (Boland, 3/4/2011)(#056)(OP-11-00050)

CRIMINAL LAWS

The operator of a bicycle with motor attached is exempt from laws pertaining to operator's license, helmets, liability insurance, title and registration and safety inspection stickers. (Cothern, 3/21/2011)(#057)(OP-11-00095) It is not a violation of Section 97-37-17 of the Mississippi Code if the person in possession of the firearm is not a student attending school on educational property, the firearm is in the vehicle and the person does not brandish, exhibit or display the firearm in a careless, angry or threatening manner. (Bearden, 3/21/2011)(#057)(OP-11-00094) The use of radar is authorized by municipal law enforcement officers within the boundaries of a municipality having a population of two thousand (2,000) or more upon the public streets of the municipality. (Shelton, 3/21/2011)(#057)(OP-11-00081) A sheriff and chief of police enjoy concurrent jurisdiction over making arrests or investigating criminal activity related to state law felonies and misdemeanors within the corporate limits of a municipality. (Vance, 3/11/2011)(#057)(OP-11-00056) It is not a crime to have a concealed weapon inside one's own home, business or within any motor vehicle. (Barton, 3/23/2011)(#057)(OP-11-00063)

DISTRICT ATTORNEYS

A district attorney serves full-time and therefore may not also serve as a municipal prosecutor. (Breazeale, 3/8/2011)(#059)(OP-11-00005)

ELECTIONS-COMMISSIONERS

An election commissioner is not prohibited from participating in the conduct of an election in the circumstances described. (Diaz, 3/1/2011)(#064)(OP-11-00002)

HOSPITALS-COMMUNITY

The County and City, as owners of leased community hospital, and current hospital Lessee, may amend an existing lease to include an option to purchase on mutually agreeable terms pursuant to Section 41-13-15(11), and City and County may negotiate and sell the hospital facility and cancel the lease to BMH-NM without the necessity of advertisement for bids or compliance with Sections 41-13-15(7), (8), (9), and (10). Proceeds from the sale of a "leased facility" may be deposited in the general fund of the City and County. (Mallette, 3/4/2011)(#092)(OP-11-00077)

INTERLOCAL AGREEMENTS

Approval of Interlocal Agreement between Jackson County Utility Authority and Helena Utility District concerning provision of water and sewer services. (Heidelberg, 3/9/2011)(#277)(OP-11-00068) Interlocal Agreement between Hinds County and the City of Byram regarding the purchase of radios and pagers with E911 funds is approved. (Martin, 3/30/2011)(#277)(OP-11-00132) Approval of Interlocal Agreement between the City of Ocean Springs and Jackson County for improvements to the public safety center at intersection of Deana drive and highway 90. (Parker, 3/29/2011)(#277)(OP-11-00130) The Interlocal Agreement for Drainage Construction Project at Rocky Creek Greenbrook Dam between Horn Lake Creed Watershed Drainage District and city of Southaven, Mississippi is hereby approved. (Neyman, 3/21/2011)(#277)(OP-11-00074) Approval of Interlocal Agreement between Jackson and Hinds County providing for the 2009 Byrne Justice Assistance Grant. (Purvis, 3/11/2011)(#277)(OP-11-00090) Interlocal Agreement between DeSoto County and the cities of Hernando, Horn Lake and Olive Branch and the Town of Walls to provide ambulance service is approved. (Nowak, 3/18/2011)(#277)(OP-11-00106) The Interlocal Agreement between the Town of Metcalfe and Washington County for an Emergency Community Block Development Grant for Water Well Improvements is hereby approved. (Richard, 3/23/2011)(#277)(OP-11-00122)

MISCELLANEOUS

Volunteer fire fighters fall within the definition of "covered individual" under Section 45-2-21 of the Mississippi Code. (Eady, 3/11/2011)(#115)(OP-11-00065)

MUNICIPALITIES

Section 21-3-15 of the Mississippi Code states that the "...mayor's authority is executive and the mayor shall have the superintending control of all the officers and affairs of the municipality...? This section also states that the authority of the board of aldermen is legislative. (Adams, 3/25/2011)(#149)(OP-11-00099) The mayor pro tempore, when acting in that capacity, may do all the things that the mayor may do, which includes calling a meeting in accordance with Sections 21-3-19 and 21-3-21. Only the mayor has superintending control over municipal employees, which includes supervisory authority over department heads. Municipal employees are directly supervised by the department head of their respective department. (Nichols, 3/25/2011)(#142)(OP-11-00100) A municipality is not authorized to use public funds, equipment or labor for the purpose of making improvements to private property, as such would amount to an unlawful donation pursuant to Section 66 of the Mississippi Constitution. (Whitehead, 3/4/2011)(#142)(OP-11-00051) While a municipality may establish a preference that all public utility services contracts be placed in the name of the property owner, it is barred from mandating that such contract be placed only in the name of a property owner. (Tucker, 3/11/2011)(#142)(OP-11-00083) Municipalities may purchase or lease real property outside their corporate limits for all proper municipal purposes. (Phillips, 3/14/2011)(#142)(OP-11-00079) Section 3374-36, Mississippi code of 1942 governs the creation of ward systems for code charter municipalities. (Tyner, 3/21/2011)(#142)(OP-11-00092) A governing authority is required to take some affirmative action demonstrating its acceptance of a dedicated street. Submission, and approval, of the subdivision plat alone does not constitute acceptance by the governing authority of dedicated streets. (Tucker, 3/25/2011)(#142)(OP-11-00058)

PUBLIC PURCHASES CONTRACTS AND BIDDING

Generally speaking, contracts primarily focused on equipment that incidentally involves installation or mere maintenance do not alter the contract in such a way that it would require a certificate of responsibility number. (Newton, 3/11/2011)(#280)(OP-11-00059)

SCHOOLS

A community college board of trustees is authorized to enter into a lease with a private water association for the drilling of water well on community college land. However, such lease must be for adequate consideration and the term of the lease may not bind successors in office. (Keith, 3/4/2011)(#172)(OP-11-00072) While the existing conservatorship continues, the school board is obligated to fill any vacancy in the office of superintendent of education. (Lamar, 3/25/2011)(#198)(OP-11-00107) A county tax collector acting as an agent for the governing authorities of a municipality pursuant to an interlocal agreement may retain a percentage from the collection of taxes for a municipal school district provided such retainage does not exceed the amount of money generated by the additional levy the municipal governing authorities are required to make to defray the costs of collection. If the municipal tax collector is collecting the taxes for a school district, the amount of money generated by the required additional levy to defray the costs of collection would be paid into the municipal general fund. (Jones, 3/21/2011)(#193)(OP-11-00086) The school board of a local school district does not have the specific statutory authority to use a credit card issued in the name of the school district for payment for hotel rooms and air/train/bus fare that is required by the Procurement Manual adopted by the Office of Purchasing and Travel, Mississippi Department of Finance and Administration. According to the Procurement Manual, the school board is only authorized to use a Small Purchase Procurement Card for small purchases of commodities, repairs or services. (Gunnell, 3/4/2011)(#209)(OP-11-00024) We are unaware of a law that requires a school district to reorganize to a different system of governance. If the "new added territory" contains twenty-five percent (25%) or more of the educable children of the school district, then the district must be classified as a special municipal separate school district. But, if less than 25%, then the district may reorganize as a municipal separate school district. (Logan, 3/14/2011)(#209)(OP-10-00688)

SEPARATION OF POWERS

An alderman may not simultaneously serve as Justice Court Judge. To do so would violate the separation of powers doctrine. (Sandifer, 3/21/2011)(#271)(OP-11-00055)

SHERIFFS-AUTHORITY

There are no laws which specifically prohibit a sheriff from using a business, owned by a person who has qualified as candidate for justice court judge, for service work on the sheriff's department patrol car fleet. However, in the event the candidate is elected and takes office, he or she will be subject to the conflict of interest provisions of State law and the prohibitions relating thereto. Any inquiries relating to the State's conflict of interest laws should be addressed to the Mississippi Ethics Commission, 660 North Street, Suite 100 C, Jackson, Mississippi 39202. (Tolar, 3/25/2011)(#213)(OP-11-00105)

SUPERVISORS

Rankin County is authorized to enter into an agreement or contract with the East Metro Corridor Commission setting forth the terms and conditions under which the County would provide certain funds to the EMCC for construction of the East Metro Corridor through the County. (Adams, 3/3/2011)(#220)(OP-11-00067) The Rankin County Board of Supervisors is not authorized to remove and replace damaged drainage infrastructure on a private landowners lot and restore the property to its prior condition, unless the county can make a finding consistent with fact that the damage caused by the deteriorating infrastructure is a threat to public streets or property or that to do so would benefit the public welfare as a whole. (Adams, 3/4/2011)(#220)(OP-11-00047) DeSoto County can pay to a municipal fire protection district its proper share of tax revenues and rebate funds received by the county pursuant to tax levy authorized by 83-1-39. County is not authorized to assess tax levy under 19-5-189 within a municipal fire protection district. County cannot levy 1/4 mill tax under 19-9-109 and give the funds to a municipal fire protection district for equipment. (Nowak, 3/25/2011)(#220)(OP-11-00091) Board of Supervisor's resolution naming a road "in perpetuity" is not binding on successor boards and it is within the discretion of the supervisors to rename the road pursuant to 65-7-143. (Mathews, 3/25/2011)(#220)(OP-11-00093) Under the county home rule statute a county may adopt a policy to provide a uniform allowance to specific classifications of employees. The uniforms would remain the property of the county, accounted for appropriately as county property, and returned to the county upon termination of employment. (Power, 3/21/2011)(#224)(OP-11-00075)

TAXES

Where a taxpayer erroneously classified certain personal property for tax years 2008 and 2009, resulting in overpayment of taxes, it is within the discretion of the tax collector as to whether to grant the taxpayer a refund under Section 27-73-7. The statute authorizes and empowers the tax collector to refund any taxpayer which has erroneously paid taxes, defining that term as including overpayment. It the tax collector determines that the taxpayer has overpaid taxes due to error, the tax collector would be authorized to refund the overpayment pursuant to 27-73-7, subject to the three-year statute of limitations for such claims. (Palmer, 3/23/2011)(#235)(OP-11-00054) Section 27-45-5 requires the Chancery Clerk to take partial payments from a bankruptcy trustee for parcels of land which have been sold at a tax sale. (McAdams, 3/14/2011)(#256)(OP-11-00066)