November 2009

COUNTY OFFICERS

Board of Supervisors is not authorized to pay additional compensation in lieu of health insurance premiums to newly elected county official who already has separate health insurance coverage from another source. County elected officials' salary is set by statute and may not be reduced or increased. (Mord, 11/20/2009)(#053)(OP-09-00628)

COURTS

A first time offender convicted of misdemeanor domestic violence may have the record expunged pursuant to Section 99-19-71. (Mitchell, 11/6/2009)(#056)(OP-09-00612)

CRIMINAL LAWS

Unless an order of expungement specifies otherwise the court clerk should blot out or otherwise remove the name of the defendant and all identifying information related to the defendant. (French, 11/30/2009)(#057)(OP-09-00672) An Administrative forfeiture pursuant to section 41-29-176 of the Mississippi Code pertains to the total or aggregate value of all of the property seized. If the aggregate value of all of the property seized exceeds $10,000.00 the forfeiture must be filed under the provisions of section 41-29-177. (Knochel, 11/6/2009)(#057)(OP-09-00598) A court may collect criminal fines by any means authorized by law for the enforcement of a judgment. (Arnold, 11/20/2009)(#057)(OP-09-00624) Failure to file a traffic ticket by 5:00 p.m. pursuant to Section 63-9-21 does not result in an automatic dismissal of the ticket. (Walley, 11/13/2009)(#057)(OP-09-00629) In the event a municipality is successful on a criminal appeal the municipality would be entitled to the fine money. (Crow, 11/30/2009)(#057)(OP-09-00642)

ELECTIONS-MISCELLANEOUS

23-15-577 authorizes candidates or their authorized representative to be poll watchers. 23-15-245 authorizes political parties to appoint poll watchers at general elections, but not primary elections or special elections to fill vacancies. (Esposito, 11/13/2009)(#068)(OP-09-00660)

INTERLOCAL AGREEMENTS

Approval of agreement establishing the Narcotics Task Force of Jackson County between the Board of Supervisors of Jackson County, City of Moss Point, City of Ocean Springs, city of Gautier, and the City of Pascagoula. (Spiers, 11/19/2009)(#277)(OP-09-00650) Approval of Interlocal Agreement between Hancock and Harrison Counties providing for the housing of female inmates of Hancock County in the Harrison County Adult Detention Center. (Faneca, 11/20/2009)(#277)(OP-09-00651) Approval of Interlocal Agreement between George and Jackson Counties providing for the housing of Jackson County inmates in the George County Regional correctional Facility. (Yancey, 11/20/2009)(#277)(OP-09-00655) Interlocal Agreement between Quitman County, Lambert Marks, and Sledge to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Dancy, 11/10/2009)(#277)(OP-09-00658) Approval of Interlocal Agreement between Pearl River and Jackson Counties providing for the housing of Jackson County inmates in the Pearl River County Regional Correctional Facility. (Yancey, 11/20/2009)(#277)(OP-09-00668) Interlocal Agreement between Claiborne County and the city of Port Gibson to allow the county tax collector to collect the city's ad valorem taxes is approved. (Espy, 11/18/2009)(#277)(OP-09-00677) Amended Interlocal agreement between the City of Southaven and Horn Lake Creek Watershed Drainage District for the joint purchase of a culvert to be used to alleviate flooding is approved. (Neyman, 11/20/2009)(#277)(OP-09-00678) Approval of Interlocal Agreement between Panola County, City of Sardis, Sheriff of Panola County, and the Chief of Police of Sardis providing for the establishment of the Panola County Narcotics Task Force Interlocal Agreement of 2009-2010. (Estridge, 11/20/2009)(#277)(OP-09-00679) The Interlocal Agreement between Noxubee County and the Town of Brooksville for the administration of a Safe Routes to School grant is approved. (Hemphill, 11/24/2009)(#277)(OP-09-00689) Approval of Interlocal Agreement between Pearl River and Hancock Counties providing for the housing of Hancock County inmates in the Pearl River County Jail at Millard. (Montgomery, 11/23/2009)(#277)(OP-09-00693) Interlocal Agreement between Sharkey County and Issaquena 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. (Fortner, 11/5/2009)(#277)(OP-09-00613) Interlocal Agreement between Marshall County and City of Holly 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. (Cook, 11/10/2009)(#277)(OP-09-00627) Approval of Interlocal Agreement between Adams County and the City of Natchez providing fire protection. (Cox, 11/17/2009)(#277)(OP-09-00640) Approval of Interlocal Agreement between Pearl and Richland providing cooperative drug interdiction between the municipalities. (Clark, 11/10/2009)(#277)(OP-09-00497)

MUNICIPALITIES

In a code charter municipality, two-thirds vote of all members of the board of aldermen is required to override a mayor's veto, regardless of the absence or recusal of any members of the board of aldermen. (Dye, 11/30/2009)(#142)(OP-09-00675) While general maintenance of roads that are a part of the highway system are also the responsibility of the MDOT, Mississippi Code Annotated Section 65-1-75 specifically vests responsibility in a municipality to mow the grass of areas beyond the curb lines on highways or streets located within the municipal corporate limits. (Ringer, 11/6/2009)(#142)(OP-09-00610) A municipality may not expend municipal funds to pay for goods that have not been received, as such would result in an unlawful donation, pursuant to Article 4, Section 66 of the Mississippi Constitution. (Treadway, 11/6/2009)(#142)(OP-09-00635) A municipality may permit police escort for athletic teams of schools, which are located within the municipal limits, to school-related activities outside of the municipality. (Perkins, 11/6/2009)(#142)(OP-09-00641) A mayor is required by law to enforce lawfully enacted ordinances, resolutions and orders of the board of aldermen, pursuant to Section 21-3-15. While the mayor has superintending control, it is supervisory in nature and does not authorize the mayor to become personally involved in the daily operations of the municipal departments. (McCaughn, 11/20/2009)(#142)(OP-09-00644)

NEPOTISM

The nepotism statute does not prohibit the Town of Walnut's governing authorities from hiring the brother-in-law of an alderman as a police officer who is not the police chief. (Gay, 11/30/2009)(#151)(OP-09-00662)

OTHER STATE AGENCIES, BOARDS & COMMISSIONS

A certified jail officer should be present when a person is placed in a lock-up or holding facility after being arrested regardless of the amount of time the person remains in the lock-up or holding facility (DAVIS, 11/10/2009)(#218C)(OP-09-00578)

PUBLIC PURCHASES CONTRACTS AND BIDDING

The West Rankin Utility Authority is not authorized to approve a proposed change order that adds sections of pipeline not included in the original plans and would roughly double the cost of the original contract. Further, the Authority is not authorized to make "cost plus" purchases under a term contract entered into pursuant to Section 31-7-13(n). (Clark, 11/13/2009)(#280)(OP-09-00647)

SCHOOLS-MISCELLANEOUS

The Leland School District and the City of Leland may enter into an interlocal agreement for the funding and employment of school crossing guards to facilitate the passage of children at various intersections within the City during their travel to and from school. (Daniels, 11/6/2009)(#187)(OP-09-00623)

STATE BOARD OF MENTAL HEALTH-STATE DEPARTMENT OF MENTAL HEALTH

The protections provided in Section 41-63-1, et seq., regarding discoverability and admissibility of medical review committee records and accreditation and quality assurance materials would apply to materials created by health care facilities operated by the Department of Mental Health, so long as the purpose of those committees conforms to the purposes state in Section 41-63-3. (LeGrand, 11/13/2009)(#113A)(OP-09-00643)

SUPERVISORS

We maintain our position that municipalities, pursuant to Section 21-27-23(e), are authorized to discontinue any services upon the failure of the recipient of those services to promptly pay for same, but that municipalities are not authorized by this statute to discontinue one utility or service for failure to pay for another. (Hemphill, 11/6/2009)(#220)(OP-09-00618) County is authorized to mow and maintain the streets and rights-of-way in an industrial park jointly-owned by the county and city which is within the city limits. (Chiles, 11/6/2009)(#220)(OP-09-00637) Walthall County Board of Supervisors may transfer surplus funds in general obligation road and bridge bonds from the general fund into the five road district funds assuming all statutory requirements for transfer are fully met. (Mord, 11/6/2009)(#220)(OP-09-00646) A Board of Supervisors does have discretion to pay the tax assessor/collector the additional $3,500.00 pursuant to Paragraph 5 of Miss. Code Ann. Section 25-3-3 if at least one employee is assigned to staff the assessment office on a full-time basis. (Shepard, 11/13/2009)(#226)(OP-09-00653)

TAXES-SALES (LAND)

Board of supervisors is without authority to reduce an erroneously high assessment on property after a tax sale has already occurred, and refund the overage to the tax sale purchases, since the time period set in 27-35-143 for reduction of assessments has passed. Furthermore, we do not believe the board may refund a portion of the purchase price paid under 27-73-7 to the tax sale purchaser since the taxes cannot be said to have been paid "in error." (Webb, 11/20/2009)(#256)(OP-09-00604)