Hattiesburg daily progress. (Hattiesburg, Miss.) 18??-1909, 1903-03-27

An ordinance to provide FOR the re-
moval of officers, and discharge of EN-
ployees, for misconduct or neglect of
duty.
SECTION |.
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 /. When any officer of said
city, whether elected by tire people Oh
by this b )ard, shall be guilty of mis-
conduct or misdemeanor in Office or of
any felony or othsr 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 wifully 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 wheel 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 8. 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 10y 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 5. 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 6. 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 Z. When any officer or en-
ployee of said city fails or refuses to
perform any clerical, ministerial, or
other official duty, enjoined 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 OF
employment pertaining to the city
was elected or employed, or exercise;
the functions of any office without frs
having qualified as required by law, OIL
by any lawful ordinance or order Of the
mayor and board of aldermen.
Article 8. When any officer or EN-
ployee of the city shall refuse or fail t.
, collect any money due the city which j
is his duty to collect, or shall fail or re
fuse to pay account for money of the city
which he has collected, or shall fail Of
: refuse to pay out any money of the city
which he holds and which it is his duty
to pay out; or shall 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
: thority of law. parole any city prisone
: in his custody, or wilfully allow an.
: city prisoner to escape, or shall inhu
: manly treat any city prisoner;
SECTION 2.
: Be it further ordained, That when
, ever affidavit shall be lodged with tn
, city clerk, or with the mayor, Or witt
r the police justice, charging any Office
: or employee of said city with miscon
duct or neglect of duty under the frs
? section of this ordinance, such office
Z shall issue a summons to the accused
and cause it to be served upon him, re
r 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 ma,
require. When the cause shall b.
ready for trial the mayor and board o
aldermen shall hear the testimony ant
determine the matter. If the affidavit
be not sustained by the proof the judg
ment shall be that he retain his office o
employment as the case may be. If TIL
ofidavit be sustained by the proof tn
: judgment shall be that he be removed
lin case he be an officer or that he be dis
charged (if he be an employee).
SECTION 3.
Be it further ordained, That wheneye
an officer shall be removed, or an EN-
ployee discharged, for misconduct O
!, neglect of duty, as aforesaid, and shall
hereafter continue to exercise the func
tons of his Office or employment il
defiance of the judgment against him
he shall be deemed to be guilty of
misdemeanor, and each day that he shall
so continue to exercise the functions O
such Office or employment shall consti
: tute separate offence so committed b.
shall, on conviction before the polio,
justice, be fined not more than on,
hundred dollars, or be imprisoned longei
! than one month, or both
This March 6, 1903.
Vetoed by G. w. RICH, Mayor.
A. FARLEY, Clerk.