March 2012

AGRI. AVIATION LICENSING ACT

The Mississippi Board of Animal Health is not authorized by statute to form a non-profit corporation for the purpose of administering car tag proceeds. (Watson, 3/20/2012)(#003)(OP-12-00136)

AGRICULTURAL COMMISSION

Although catfish must be labeled with country of origin, the Catfish Marketing Law does not require fish sold in restaurants as swai or basa to be labeled with country of origin information. (Hyde-Smith, 3/12/2012)(#004)(OP-12-00096)

CONFLICT OF INTEREST-STATE-COU

The attorney for the board of supervisors is not prohibited from simultaneously serving as attorney for the county port commission. (Russell, 3/12/2012)(#053B)(OP-12-00093)

COUNTY EMPLOYEES

MS AG Op., Belk (September 5, 2008), is reaffirmed requiring, under Section 33-1-21, the granting of military leave, and payment therefor, to deputy sheriff called to active military duty. (Shepard, 3/5/2012)(#053A)(OP-12-00057)

CRIMINAL LAWS

In a county with two judicial districts, a criminal offense in justice court must be heard in the district in which the offense occurred. (Parker, 3/12/2012)(#057)(OP-12-00103) An affidavit is a written statement of facts, made voluntarily, and confirmed by the oath or affirmation of party making it, taken before a person having authority to administer such oath or affirmation. (Lee, 3/12/2012)(#057)(OP-12-00105) Pursuant to section 99-1-7 of the Mississippi Code a prosecution is commenced by the issuance of a warrant, which issuance tolls the statute of limitation. (Stewart, 3/12/2012)(#057)(OP-12-00095) A defendant with a traffic ticket may waive a trial and not appear in court by paying the amount of the fine in advance to the clerk of the court. (Amacker, 3/30/2012)(#057)(OP-12-00098)

DEPARTMENT OF WILDLIFE, FISHERIES, & PARKS

The Department of Wildlife, Fisheries & Parks has the authority to regulate usage of the villas at the Lefleur's Bluff State Park to governmental use only, utilizing them for meetings and temporary lodging for Department employees at a reasonable rate and also may allow other state agencies to use such facilities for governmental purposes. (Polles, 3/20/2012)(#269)(OP-12-00117)

E-911

County board of supervisors is authorized to use public funds to pay for the display of house numbers of individual houses for use with the 911 emergency response system. (Snowden, 3/12/2012)(#062C)(OP-12-00100)

ELECTIONS

An election commissioner who was appointed to fill a vacancy and did not have an opportunity to attend a required training seminar is entitled to compensation. (Powell, 3/23/2012)(#064)(OP-12-00142) The unlawful solicitation of votes for a particular candidate by a poll worker may be one of the grounds for contesting an election. A poll worker who, in his official capacity, shows partiality in the conduct of an election is guilty of a crime and, upon conviction, shall be imprisoned in the penitentiary for a term not exceeding two years. (McDaniel, 3/12/2012)(#063B)(OP-12-00081)

GARNISHMENTS

An independent contractor or an employee or laborer is subject to garnishment (Carlisle, 3/5/2012) (#084) (OP-12-00044)

GROUP INSURANCE

Section 25-15-101 requires Yazoo City to have at least 125 employees or to become a member of a group composed of political subdivisions and other entities specified therein with at least 125 employees, in order to self-insure of a portion of its group medical insurance coverage. (O'Reilly-Evans, 3/20/2012)(#086)(OP-12-00059) A county, in its discretion, is authorized to pay all or a portion of the health insurance premium, subject to the provisions of the county plan, on behalf of persons reemployed pursuant to Section 25-11-127. (Berry, 3/20/2012)(#086)(OP-12-00069)

INTERLOCAL AGREEMENTS

Interlocal Agreement whereby DeSoto County will maintain public roads and provide certain engineering services on behalf of the Town of Walls is approved. (Neyman, 3/9/2012)(#277)(OP-12-00124) Interlocal Agreement between Tunica County and Tunica National Public Improvement District relating to the collection of taxes by the County for the District is approved. (Dulaney, 3/12/2012)(#277)(OP-12-00138) Interlocal Cooperation Agreement between the City of Meridian and Lauderdale County, Mississippi for demolition of condemned houses is approved. (Barry, 3/15/2012)(#277)(OP-12-00104) Interlocal Agreement between Pearl River County and the City of Poplarville for use of generator is approved. (Montgomery, 3/13/2012)(#277)(OP-12-00143) Approval of Interlocal Agreement between Hancock County and City of Diamondhead concerning collection of delinquent taxes. (Kellar, 3/21/2012)(#277)(OP-12-00170) Approval of Interlocal Agreement between Hancock County and City of Picayune concerning collection of delinquent taxes. (Kellar, 3/21/2012)(#277)(OP-12-00169) Approval of Interlocal Agreement between Hancock County and City of Bay St. Louis concerning collection of delinquent taxes. (Kellar, 3/21/2012)(#277)(OP-12-00126) Approval of Interlocal Agreement between Hancock County and City of Waveland concerning collection of delinquent taxes. (Kellar, 3/21/2012)(#277)(OP-12-00168)

JUSTICE COURT JUDGES

A judge shall avoid impropriety and the appearance of impropriety. (Sartin, 3/5/2012)(#100)(OP-12-00031)

LIBRARIES

A vacancy is not created for the office of library trustee after county redistricting. (McCartney, 3/5/2012)(#106)(OP-12-00071)

MUNICIPALITIES

Self-insurance coverage for municipal employees and beneficiaries under Section 25-15-101 can extend beyond the date of termination of employment for reasons of administrative convenience that benefit the municipality. (Williams, 3/12/2012)(#141)(OP-12-00097) Provided that the charges have been preferred in writing and a full hearing has been had before the governing authorities, a civil service commissioner is considered removed and is no longer authorized to act in the capacity as a civil service commissioner, in accordance with Mississippi Code Annotated Section 21-31-5(2), regardless of a pending appeal, unless the circuit court has granted supersedeas. Any new appointment to the civil service commission would be considered a full-time appointment, unless otherwise removed by the appointing power, in accordance with Section 21-31-5(2). Assuming that the subject commissioners are removed pursuant to Section 21-31-5(2), no hearings before the civil service commission may be heard until new commissioners are appointed or the subject commissioners have been reinstated. (St. Pe’, 3/5/2012)(#142)(OP-12-00077) Based upon the description contained in your request, along with the attachments, the proposed improvements appear to be for the purpose of benefitting the general public health, safety and welfare of the citizens of the municipality, which suggests that the proposed storm sewer collection fee constitutes a tax, as opposed to a fee. The proposed plan, in our opinion, does not constitute a regulatory fee that is used to offset administrative costs of operating the city department charged with administering these activities nor is there a specific benefit or service conferred on the payer of the fee. (Latimer, 3/12/2012)(#142)(OP-12-00092) A municipality is authorized to reimburse its municipal employee for the use of his/her personal vehicle in his/her capacity as a municipal employee, in accordance with Section 25-3-41. In the event that the employee's private vehicle is damaged in the course and scope of his/her employment, there is no authority which would permit the municipality to reimburse the employee for repairs to his/her personal vehicle. (Still, 3/12/2012)(#142)(OP-12-00107) A municipal court's jurisdiction is specifically limited to criminal matters, which include municipal ordinance violations, and certain evictions. There is absolutely no authority which would permit a municipality to "confer jurisdiction" over non-criminal matters to the municipal court by ordinance. (Spruill, 3/12/2012)(#142)(OP-12-00083) The municipality is authorized, in accordance with Mississippi Code Annotated Sections 21-19-44 and 21-19-44.1, to donate, or charge less than fair market value for, the use of office space in city hall to the Chamber of Commerce. The municipality is not required to prorate any utilities for space in city hall that has been donated to the Chamber of Commerce as the authority to donate the use of office space would include any utilities associated with the use of such space under Sections 21-19-44 and 21-19-44.1. There is no authority which provides for the use of municipal employees or municipal resources by the Chamber of Commerce, other than the authority generated from Sections 21-19-44 and 21-19-44.1. (Denton, 3/12/2012)(#142)(OP-12-00127) The salary of the mayor and board of aldermen must be set in good faith and may not be arbitrary and unreasonable when considered with the municipal resources and the duties of the office. Educational experience, tenure, skill or any other criteria deemed pertinent by the governing authorities may be considered mayor's salary. (Sorrell, 3/30/2012)(#142)(OP-12-00130) The classification of municipalities as cities, towns or villages is determined by the latest U.S. Census figures. (Hubbard, 3/30/2012)(#142)(OP-12-00156) Under the limited facts as outlined here pursuant to the Water Pollution Control Revolving Loan Fund Program, a county may borrow such funds to construct and own a sewer system, and allow that system to be operated by an entity, such as a municipality or utility district that is authorized to operate such system. The city would be authorized, pursuant to a duly entered interlocal agreement, to operate and maintain the county-owned sewer system. Furthermore, the county would be authorized pursuant to the procedures outlined in the interlocal to reimburse the city for all expenditures of operation and maintenance of the system. Finally, the city would be authorized to terminate both water and sewer services for nonpayment of sewer fees, pursuant to validly entered contract with the county and the private water association. (Jacks, 3/30/2012)(#142)(OP-11-00458) The salary of the mayor and board of aldermen must be set in good faith and may not be arbitrary and unreasonable when considered with the municipal resources and the duties of the office. The governing authorities, when setting the salary of the mayor, may consider educational experience, tenure, skill or any other criteria deemed pertinent to the governing authorities. Assuming the mayor is simply performing whatever duties are necessary to ensure that the municipality continues to operate, and not holding a second position with the municipality, the board of aldermen may, within its discretion, adjust the mayor's salary to accommodate the extra duties. (Guy, 3/30/2012)(#142)(OP-12-00150) There is no authority which would permit the utility commission to enter into a contract with a third party company for the purpose of selling advertisements to be included in its monthly billings to its customers. The powers of the commission are limited to those enumerated in Mississippi Code Annotated Section 21-27-17, which do not encompass the authority to sell advertisements. (Flanagan, 3/20/2012)(#142)(OP-12-00123) The Mississippi Legislature adopted civil service legislation that amended the private charter of the City of Columbus as it pertains to the operation of the police and fire departments. (Turnage, 3/23/2012)(#142)(OP-12-00128) A municipal employee may receive pay which is earned for accumulated sick leave and/or personal leave at the same time he/she is receiving workers' compensation benefits, until such time as the accrued leave is exhausted. The decision whether or not to supplement his/her workers' compensation benefits with accrued sick or personal leave is a decision to be made solely by the employee. (Murdock, 3/23/2012)(#142)(OP-12-00114)

SCHOOLS

The land area annexed by a municipality is not automatically made a part of the municipal separate school district, nor does it automatically become "added territory" of the municipal separate school district. (Tucker, 3/5/2012)(#180)(OP-12-00051) Only full-time legal counsel may participate in the State and School Employees Health Insurance Plan and similar benefits. To be considered "full-time," the school district attorney must be able to document at least twenty (20) hours of work each week for the school district. (Carlock, 3/12/2012)(#212A)(OP-12-00050) A regional education center can accept students of entities which are not parties to the formation agreement as long as the acceptance of such students is authorized in the formation agreement. A regional education center can accept students over the age of 18 when an entity, which is a party to the formation agreement, has programs for adult students. The acceptance of such students must be authorized in the formation agreement. A regional education center is not a party eligible to develop and administer a program with the State Board of Education under Section 37-31-101. (Nowak, 3/23/2012)(#173)(OP-12-00110)

SHERIFFS-MISCELLANEOUS

Drug forfeiture funds directed to the sheriff's department may be used to establish a gym or fitness center for sheriff department employees, but such fitness center could not be used by other county employees. (Neyman, 3/23/2012)(#216)(OP-12-00082) Compensation of public safety employees may be supplemented by any leave policies enacted by the county, in accordance with Sections 25-11-103(i) and 21-17-5(3). (Smith, 3/12/2012)(#216)(OP-12-00078)

SOLID WASTE DISTRICTS

Three Rivers Solid Waste Authority is required to advertise for proposals under Section 31-713(r) for operation of a new materials recycling facility, if an expenditure in excess of $50,000.00 is required. (Cardin, 3/30/2012)(#266D)(OP-12-00133)

SUPERVISORS

There is no specific prohibition against a county board of supervisors reimbursing employees and officials for the portion of their personal cell phone bill that is used for the conduct of county business. (Norwood, 3/12/2012)(#220)(OP-12-00106) When replacing a culvert under a private driveway in a county road right of way, it is permissible for the county to put in sufficient cover material to hold the replacement culvert in place, if it is necessary for the preservation and maintenance of the county road. However, installation of such cover material must not be for the purpose of benefitting the private landowner. (Neyman, 3/12/2012)(#220)(OP-12-00109) A county board of supervisors may acquire a building located on 16th Section land which is to be used for county purposes. (Woodard, 3/23/2012)(#220)(OP-12-00141) Board of supervisors is authorized to review and choose the lowest and best bidder in reviewing competitive bids for the county's appraisal contract, and in so doing, may consider the bidder's past performance, quality of work and similar factors. (White, 3/20/2012)(#224)(OP-12-00137) The county board of supervisors is authorized by 19-5-92.1 and 65-7-7 to clear drainage ditches and to assess costs of same to the landowner that caused the blockage. Further, the county is authorized under 65-7-63 to pay damages to the landowner for any damage caused by the water draining from the public road to the landowner's property. (Slover, 3/20/2012)(#231)(OP-12-00140) A county is not authorized to maintain a private road that has become impassable due to recent weather, even though the road is used by a school bus, and neither the residents nor 911 emergency vehicles can traverse the private road. (Slover, 3/12/2012)(#231)(OP-12-00099)

TAXES

A county is not authorized to refund a municipality a pro rata amount of taxes collected from taxpayers therein based on the municipality's reduction of the overall amount of garbage and rubbish being disposed of in the county's disposal system due to the municipality's implementation of a recycling program. (Nowak, 3/5/2012)(#236)(OP-11-00535) There is no prohibition against the elected tax assessor/collector of Humphreys County providing training to tax assessors/collectors in other counties in exchange for compensation when the (1) training is conducted at the other tax assessors/collectors' offices, (2) no equipment, supplies or other resources of Humphreys County will be used, and (3) the training will be conducted during time not necessary to be devoted to Humphreys County. (Parks, 3/30/2012)(#237)(OP-12-00162) The ad valorem tax exemption allowed by Section 17-21-7 is available to the original owner and to any subsequent purchaser of the property during the statutory exemption period of seven (7) years. (Vassel, 3/20/2012)(#242)(OP-12-00094)