Hattiesburg daily progress. (Hattiesburg, Miss.) 18??-1909, 1903-03-20
Ordinance I84.

| Ordinance 1874.
An ordinance to provide for the re-
| moval of officers, and discharge of EN-
| ployees, for misconduct or neglect of
duty.
| SECTION l.
Be it ordained by the mayor and
board of aldermen of the city Of Hat
tiesburg, That the following acts and
| omissions or either of them, done or
suffered by any officer or employee of
said city, shall work forfeiture of the
Office or employment of the offending
party, and subject him to removal from
office or discharge from employment,
as the case may be, towit;
Article l. When any officer of said
city, whether elected by the people OF
by this board, shall be guilty Of mis-
conduct or misdemeanor in Office or of
any felony or other infamous crime, or
Of corruption in office, or speculation
therein, or gambling or dealing in
futures with money coming to his hands
by virtue of his Office or employment;
Article 2. When the mayor, police
justice, the marshal, an alderman, or
any police officer or employee of said
city shall wilfully neglect or refuse to
return any person committing an Of
fence against said city, committed in
his view or knowledge, or of which he
has notice, or when he shall wilfully
| absent himself when such offence is
being committed or is about to be COM
mitted, for the purpose of avoiding
knowledge thereof;
Article 3. When any officer of said
city shall be interested, directly or in
directly, in any contract with said city,
made persuant to any ordinance or
order passed or adopted by the mayor
and board of aldermen thereof, of which
he may be or may have been a member.
during the term for which he shall have
been chosen. or within one year after
the expiration of such term;
Article 4. When any officer of said
city or any employee thereof shall be
guilty of habitual drunkenness, or be
drunk while in the actual discharge of
official duty.
Article 8. When any officer buys, or
in any way. directly. or indirectly be-
comes the owner of, or interested in any
warrant, certificate, claim, or demand
payable out Of the city treasury, without
paying therefor the full face value of
such warrant, certificate, claim or de-
mand, or interest in it,
Article g. When any officer of said
city, or any employee thereof. fails or
refuses to obey, or to execute, as the
case may be, so far as his duty requires,
any lawful order or ordinance of the
mayor and board of aldermen.
Article T. When any officer or en-
plOyee of said city fails or refuses to
perform any clerical, ministerial or
other official duty, enioined upon him
by law, or by lawful order or ordinance
of the mayor and board of aldermen.
Article 8. When any officer or en-
ployee of said city usurps or unlawfully
exercises the functions of any Office or
employment pertaining to the city
service, other than that to which he
was elected or employed, or exercises
the functions of any Office without first
having qualified as required by law, or
by any lawful ordinance or order of the
mayor and board of aldermen.
Article 9. When any officer or en-
ployee of the city shall refuse or fail to
| collect any money due the city which it
is HE duty to collect, or shall fail or re-
fuse TO pay account for money of the city
| which he has collected, or shall fail or
refuse to pay out any money of the city
| which he holds and which it is his duty
to pay out; or snail pay out any money
belonging to the city in his hands with
out authority of law therefor;
Article 10. When any officer or EN-
ployee of said city shall, without au
tnority of law. parole any city prisoner
| in his custody, or wilfully allow any
city prisoner to escape, or shall inhu-
manly treat any city prisoner;
SECTION 3.
Be it further ordained, That when
ever affidavit shall be lodged with the
| city clerk, or with the mayor, or with
the police justice, charging any officer
or employee of said city with miscon-
duct or neglect of duty under the first
section of this ordinance, such officer
| shall issue summons to the accused
and cause it to be served upon him, re
| turnable at the next regular or ad-
| journed meeting, or any special meet :
| ing, of the mayor and board Of alder
men. On the return day if the cause
be not ready for hearing it may be con-
tinued from time to time as justice may
require. When the cause shall be
ready for trial the mayor and board of
aldermen shall hear the testimony and
determine the matter. IF the affidavit
be not sustained by the proof the judg-
ment shall be that he retain his office or
employment as the case may be. If the
offidavit be sustained by the proof the
| judgment shall be that he be removed
Gin case he be an officer or that he be dis
charged (if he be an employee).
SECTION 3.
Be 1t further ordained, That whenever
an officer shall be removed, or an en-
ployee discharged, for misconduct or
neglect of duty, as aforesaid, and shall
hereafter continue to exercise the func
tions of his Office or employment in
defiance of the judgment against him,
he shall be deemed to be guilty of q
misdemeanor, and each day that he shall
so continue to exercise the functions OF
such Office or employment shall consti-
tute separate offence so committed he
shall, on conviction before the police
justice, be fined not more than one
hundred dollars. or be imprisoned longer
than one month, or both.
This March 6, 1903.
Vetoed by G. w. Rich, Mayor.
i A. FARLEY. Clerk.
lCifU Rqrknr Chm