Mississippi Code 1972 (2023) › Title 7 - EXECUTIVE DEPARTMENT (§§ 7-1-1 — 7-17-37) › Chapter 17 - MISSISSIPPI EXECUTIVE REORGANIZATION ACT OF 1989 (§§ 7-17-1 — 7-17-37) › Article 1 - GENERAL (§§ 7-17-1 — 7-17-11) › Section 7-17-5 - Transfer of employees, property, staff and funds; general powers and duties of executive directors of departments of executive branch

(1)
Effective July 1, 1989, all employees of any agency abolished or affected by the Mississippi Executive Reorganization Act of 1989 [Chapter 544, Laws of 1989] shall be transferred according to the merger of their duties by the Mississippi Executive Reorganization Act of 1989. All personnel actions initiated as a result of the Mississippi Executive Reorganization Act of 1989 shall be subject to State Personnel Board procedures.
(2)
The executive director of any agency of state government as defined in Section
25-9-107(d)
shall have the authority to employ staff and to expend funds authorized to the agency for the performance of the duties and responsibilities accorded to the agency by the laws of the State of Mississippi.
(3)
All records, personnel, property and unexpended balances of appropriations, allocations or other funds of any agency or department abolished or affected by the Mississippi Executive Reorganization Act of 1989 shall be transferred to the appropriate agency according to the merger of their functions under the Mississippi Executive Reorganization Act of 1989.
(4)
The executive directors of agencies shall determine which employees shall be bonded, set the amount of bond, which shall be made by a surety company approved by the Secretary of State and the premiums paid as other expenses of administering the Mississippi Executive Reorganization Act of 1989.
(5)
The executive director of any agency, where permitted by the rules, regulations and policies of the board, commission or authority of the agency, if any, shall also have authority to:
(a)
Accept on behalf of the state gifts, trusts, bequests, grants, endowments, or transfers of property of any kind to be used for the sole benefit of the state;
(b)
Use and expend funds coming to the agency from state, federal and private sources;
(c)
Establish such rules and regulations as may be necessary in carrying out the provisions of the Mississippi Executive Reorganization Act of 1989;
(d)
Formulate and administer policies of their respective agencies;
(e)
Coordinate, supervise and direct all administrative and technical activities of the agency;
(f)
Enter into contracts, grants and cooperative agreements with any federal or state agency, department or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with the carrying out of the provisions of the Mississippi Executive Reorganization Act of 1989, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature;
(g)
Except where otherwise prescribed by law, prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the agency and the offices thereof, including a detailed statement of expenditures of the agency and any recommendations;
(h)
Make provisions for adoption of rules, regulations and policy and provide for public inspection and filing of same; and other requirements set forth in the Mississippi Administrative Procedures Law in Section
25-43-1.101
et seq., except as otherwise provided by law.
Laws, 1989, ch. 544, § 3; Laws, 1990, ch. 522, § 1, eff. 7/1/1990.