reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-17 - General powers and duties of mayor; approval of ordinances

(1)
The mayor shall enforce the charter and ordinances of the municipality and all general laws applicable thereto. He shall annually report to the council and the public on the work of the previous year and on the condition and requirements of the municipal government and shall, from time to time, make such recommendations for action by the council as he may deem in the public interest. He shall supervise all of the departments of the municipal government and shall require each department to make an annual report and such other reports of its work as he may deem desirable. No member of the council shall give orders to any employee or subordinate of a municipality other than the council member's personal staff.
(2)
Ordinances adopted by the council shall be submitted to the mayor and he shall, within ten (10) days (not including Saturdays, Sundays or holidays) after receiving any ordinance, either approve the ordinance by affixing his signature thereto or return it to the council by delivering it to the clerk of the council together with a statement setting forth his objections thereto or to any item or part thereof. No ordinance or any item or part thereof shall take effect without the mayor's approval, unless the mayor fails to return an ordinance to the council prior to the next council meeting, but no later than fifteen (15) days (not including Saturdays, Sundays or holidays) after it has been presented to him or unless the council upon reconsideration thereof not later than the tenth day (not including Saturdays, Sundays or holidays) following its return by the mayor, shall, by a vote of two-thirds (2/3) of the members present and voting resolve to override the mayor's veto.
(3)
The mayor may attend meetings of the council and may take part in discussions of the council but shall have no vote except in the case of a tie on the question of filling a vacancy in the council, in which case he may cast the deciding vote.
Laws, 1973, ch. 328, § 9; Laws, 1976, ch. 355, § 7; Laws, 1987, ch. 509, § 3; Laws, 2006, ch. 333, § 4, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-19 - Acting mayor; filling of vacancy in office of mayor

Whenever the mayor shall be prevented by absence from the municipality, disability or other cause from attending to the duties of his office, the mayor shall appoint a member of the council to assume the duties of the mayor. However, any acting mayor so appointed shall retain his right to vote in the council. Whenever the mayor shall have been unable to attend to the duties of his office for a period of sixty (60) consecutive days for any of the above stated reasons, or whenever the mayor shall be incapable of making such appointment, an acting mayor shall be appointed by the council from among its members and said acting mayor shall succeed to all the rights, powers and duties of the mayor or the then acting mayor. Such acting mayor shall serve until the mayor returns to office or until a new mayor has been elected to fill the unexpired term of the original mayor. A new mayor shall be elected at a special election to be called and held as provided by law for the holding of municipal elections; provided that the acting mayor shall complete the term of the original mayor if a general municipal election is to be held within six (6) months of the determination of the council hereinafter provided for in this section. Prior to the calling of a special election pursuant to this section, the council, by a two-thirds (2/3) vote of all members of the council, shall make a determination that the mayor is incapable of completing his term of office. In the event of the death of the mayor the council shall appoint an acting mayor as provided in this section to serve until a successor is elected. Within thirty (30) days of the mayor's death the council shall call a special election as provided in this section to elect his successor; provided that the acting mayor shall complete the term of the original mayor if a general municipal election is to be held within six (6) months of the death of the original mayor.
Laws, 1973, ch. 328, § 10; Laws, 1976, ch. 355, § 8; Laws, 1987, ch. 509, § 4, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-21 - Mayor and councilmen to be qualified electors of city; compensation; overtime to members of police and fire departments

(1)
The mayor and the members of the council shall be qualified electors of the municipality. The compensation for the mayor and the members of the council shall be set by the council. After the salaries of the first mayor and first council have been determined by the council of any municipality electing to come under the provision of this chapter, such salaries shall be effective immediately. Thereafter, any increases or decreases in the salary for the mayor or councilmen may be authorized by the council at any time prior to ninety (90) days before the next general election for the selection of municipal officers. Such increases or decreases shall not become effective until the next elected mayor and council takes office.
(2)
The salary of the mayor, councilmen and all employees of such municipality shall be paid at such periods as may be fixed by the council, but not less frequently than once a month; however, no salaries or wages shall be paid to any officer or employee of such municipality until after the same shall have been earned. Every officer or employee of the municipality shall receive such a salary of compensation as the council shall by ordinance provide, and the salary compensation of all employees of such municipality shall be fixed by the council from time to time, as occasion may demand.
(3)
The city council shall have the power and authority to provide for and pay to any member of the police department or fire department of such municipality additional compensation for services and duties performed by any such member over and above the usual and regular number of days and hours per week or month ordinarily worked by such member. Nothing herein contained shall be construed to relieve any such member of the police department or fire department from being subject to call for duty on a twenty-four-hour basis whether or not additional compensation is paid. Provided, however, that no policeman or fireman shall perform any duties or other work during regular working hours for any person or association, group or drive, or during hours for which he is being paid for the performance of official duties as policeman or fireman.
Laws, 1973, ch. 328, § 11; Laws, 1976, ch. 355, § 9; Laws, 1987, ch. 509, § 5, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-23 - Municipal departments; surety bond

(1)
The municipality may have a department of administration and such other departments as the council may establish by ordinance. All of the administrative functions, powers and duties of the municipality shall be allocated and assigned among and within such departments.
(2)
Each department shall be headed by a director, who shall be appointed by the mayor and confirmed by an affirmative vote of a majority of the council present and voting at any such meeting. Each director shall serve during the term of office of the mayor appointing him and until the appointment and qualification of the director's successor not exceeding the limitation period provided in Section
21-15-41
.
(3)
The mayor may, in his discretion, remove the director of any department. Directors of departments shall be excluded from the coverage of any ordinance or general law providing for a civil service system in the municipality; provided, however, all individuals serving as heads of departments at the time of the municipality's adoption of the mayor-council form as described in this chapter shall continue to be covered by the provisions of the civil service system in effect at the time the mayor-council form is adopted.
(4)
Directors of departments shall appoint subordinate officers and employees within their respective departments and may, with approval of the mayor, remove such officers and employees subject to the provisions of any ordinance establishing a civil service system where that system is effective in the municipality, or other general law; provided, however, that the council may provide by ordinance for the appointment and removal of specific boards or commissions by the mayor.
(5)
Whenever the city council is authorized by any provision of general law to appoint the members of any board, authority or commission, such power of appointment shall be deemed to vest in the mayor with the confirmation of an affirmative vote of a majority of the council present and voting at any meeting.
(6)
The council shall also require all officers and employees handling or having the custody of any of the public funds of such municipality to give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in an amount to be determined by the council (which shall not be less than Fifty Thousand Dollars ($50,000.00)), the premium on which bonds shall be paid by the city.
Laws, 1973, ch. 328, § 12; Laws, 1976, ch. 355, § 10; Laws, 1986, ch. 458, § 25; Laws, 1987, ch. 509, § 6; Laws, 2009, ch. 467, § 8, eff. 7/1/2009.
Amended by Laws, 2018, ch. 376, HB 1114,§ 4, eff. 7/1/2018.
Amended by Laws, 2017, ch. 399, HB 51, 3, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-25 - Chief administrative officer

The council of any municipality adopting the mayor-council form of government may, within its discretion, adopt an ordinance providing that the mayor shall appoint, with the advice and consent of the council, a chief administrative officer to coordinate and direct the operations of the various departments and functions of municipal government; such chief administrative officer shall serve at the pleasure of the mayor and shall possess such qualifications and experience as shall be set out in the aforesaid ordinance. The said chief administrative officer shall be answerable solely to the mayor in the performance of his functions and shall be subject to dismissal at the pleasure of the mayor and shall be excluded from the coverage of any ordinance or general law providing for a civil service system in the municipality.
Laws, 1973, ch. 328, § 13; Laws, 1976, ch. 355, § 11, eff. 8/23/1976 (the date the United States Attorney General interposed no objection).
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-27 - Control of mayor and his subordinates by council

The members of the council shall not direct or dictate the appointment of any person to or his removal from office by the mayor or any department directors. Except for the purposes of inquiring or receiving information or advice, the council shall deal with the municipal departments and personnel solely through the mayor and no member of the council shall give orders to any subordinate of the municipality. The council shall have the power to investigate any part of the municipal government and for that purpose to compel the attendance of witnesses and the production of documents and other evidence.
Laws, 1973, ch. 328, § 14; Laws, 1976, ch. 355, § 12, eff. 8/23/1976 (the date the United States Attorney General interposed no objection).
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-29 - [Repealed]

Repealed by Laws, 1983, ch. 469, § 10, eff. 7/1/1983.
Laws, 1973, ch. 328, § 15; 1976, ch. 355, § 13.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-31 - Election offenses

Any municipal officer or employee, other than the mayor and councilmen of any such municipality, who shall, during hours of employment solicit or attempt to influence any person to vote for any particular candidate at any election held in such municipality shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Hundred Dollars ($100.00) or by imprisonment in the municipal jail not exceeding thirty (30) days, or both such fine and imprisonment.
Laws, 1973, ch. 328, § 16; Laws, 1976, ch. 355, § 14, eff. 8/23/1976 (the date the United States Attorney General interposed no objection).
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-33 - Existing laws unaffected by reorganization; application of civil service laws

All laws governing any municipality coming under the provisions of this chapter which are not inconsistent with the provisions hereof respecting the mayor-council form of government shall apply to and govern such municipalities respectively when they shall come under the mayor-council form. All orders, ordinances or resolutions heretofore adopted by a municipality adopting the mayor-council form of government shall remain in full force and effect until altered or repealed by the council established hereunder, and all of the provisions of the civil service acts applying to any municipality adopting the mayor-council form of government at the time of such adoption shall continue to apply in full force and effect to such municipality after adoption of such mayor-council form of government. The board of civil service commissioners existing and operating under the former plan of government shall continue to operate without interruption or impairment under the mayor-council form of government. All rights, privileges, and advantages of all employees coming under the civil service acts applying to said municipality at the time of adoption shall remain in full force and effect and shall in nowise be impaired, altered, or changed by such adoption, except as otherwise provided by this chapter. After the election and taking of office of the councilmen and mayor under the mayor-council form of government, all functions and duties of every nature that would have otherwise been performed by the governing body under the previous form of government in relation to such civil service acts shall thereafter be exercised and performed by the municipal council under the mayor-council form of government except that all appointments of employees coming under the provisions of such civil service acts shall be made, subject to such civil service acts, by the mayor, but all appointments made prior to the change to the mayor-council form shall remain in full force and effect.
Laws, 1973, ch. 328, § 17; Laws, 1976, ch. 355, § 15, eff. 8/23/1976 (the date the United States Attorney General interposed no objection).
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-35 - Rights and liabilities of municipality unaffected by reorganization; police court and public schools unaffected by reorganization

The territorial limits of any such municipality shall remain the same as under its former organization and any litigation concerning annexation in progress at the time any municipality shall adopt the mayor-council form of government shall not be affected by such change; provided that nothing herein shall affect the rights of such municipality to expand its territorial limits as provided by law. All rights and property of every description which were vested in every such municipality under its former organization shall vest in the same under the organization contemplated by the mayor-council form of government; and no right or liability, either in favor of or against such municipality, and no suit or prosecution of any kind shall be affected by such change. This chapter shall not in any manner, irrespective of other provisions hereof, affect the organization of the police court or of the public schools which shall continue to operate by and under the laws otherwise applicable. The police justice, as well as all other municipal employees, shall be appointed by the mayor.
Laws, 1973, ch. 328, § 18; Laws, 1976, ch. 355, § 16, eff. 8/23/1976 (the date the United States Attorney General interposed no objection).
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-37 - Corporate name

The corporate name of every such municipality shall be "The City, Town, Village of (name of municipality)" under which name the mayor and council shall exercise and perform all the corporate powers, duties and obligations conferred or imposed on it by the members thereof.
Laws, 1973, ch. 328, § 19; Laws, 1976, ch. 355, § 17, eff. 8/23/1976 (the date the United States Attorney General interposed no objection).
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-39 - Provisions as to disability and relief fund for firemen and policemen to continue unaffected

All of the provisions of law pertaining to policemen and firemen under the "disability and relief fund for firemen and policemen" as provided in Sections
21-29-201
et seq., shall be unimpaired, and there shall be no interruption or change in the operation or administration of the disability and relief fund for firemen and policemen, and other municipal employees.
Laws, 1973, ch. 328, § 20; Laws, 1976, ch. 355, § 18, eff. 8/23/1976 (the date the United States Attorney General interposed no objection).
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-41 - Applicability of general municipal law

All of the provisions of law with reference to the government of municipalities not inconsistent with the terms and provisions of this chapter shall be applicable to any municipality operating under the mayor-council form of government as herein provided.
Laws, 1973, ch. 328, § 21, eff. 1/1/1974.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-43 - Inconsistent statutes repealed

In the event a municipality adopts the mayor-council form of government as hereinabove set out, all statutes in conflict with the provisions of such form of government as set out in this chapter are hereby repealed.
Laws, 1973, ch. 328, § 22, eff. 1/1/1974.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-45 - Election of officers; taking of office

Any municipality voting to adopt the mayor-council form of government after adoption of this chapter shall have an election of municipal officers within the time and in the manner provided by statute, and such officers and the form of government shall take effect and be instituted at the time of the taking of office for the newly elected officials as expressly provided by statute.
Laws, 1973, ch. 328, § 23, eff. 1/1/1974.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 8 - MAYOR-COUNCIL FORM OF GOVERNMENT (§§ 21-8-1 — 21-8-47) › Section 21-8-47 - "Ordinance" defined for purposes of chapter

The term "ordinance" as used in this chapter shall be deemed to include ordinances, resolutions, orders and any other official actions of the council, except those procedural actions governing the conduct of the council's meetings, appointing a clerk of council, and exercising the council's investigative functions under Section
21-8-13(4)
.
Laws, 1973, ch. 328, § 24; Laws, 1987, ch. 509, § 7, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-1 - Adoption of council-manager plan by certain municipalities; applicability of Title 21

Any city or town as defined by law, regardless of the form of government under which it is operating, may adopt the council-manager plan of government by the procedure hereinafter set forth. Wherever the word "city" is used in this chapter, it shall be construed to refer to "city or town."
All of the provisions of this title, derived from Chapter 491, Laws of 1950, with reference to the government of municipalities, not inconsistent with the terms and provisions of this chapter, shall be applicable to any municipality operating under the council-manager plan of government as herein provided.
Codes, 1942, §§ 3825.5-01, 3825.5-46; Laws, 1948, ch. 385, §§ 1, 46; Laws, 1952, ch. 372, §§ 1, 21.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-3 - Initiating proceedings for adoption

The manner of effecting the change in the government of any such city from the form of government under which it is operating to the council-manager plan of government shall be as follows:
One or more petitions, similar in form and substance, addressed to the mayor, praying that an election be held to determine whether or not such city shall abandon its existing form of government and become organized under a council-manager plan of government, signed by at least ten percent (10%) of the qualified electors of such city, shall be filed with the city clerk, who shall within ten (10) days thereafter check the signatures thereto with the registration books of the city and attach thereto his certificate showing the total number of qualified electors in said city, and the total number of signatures to said petitions and deliver the same to the mayor.
If, on the delivery of such petition to the mayor, it shall appear that such petition or petitions have not been signed by the required number of qualified electors of such city, the mayor shall at once certify such fact and immediately return such petition or petitions to the person or persons presenting the same, who may thereafter procure additional signers thereto and again file such petition or petitions with the city clerk, as above provided, as an original petition.
If it shall at any time appear from the certificate of the city clerk that said petition or petitions have been signed by the required number of qualified electors of said city, the mayor shall immediately refer the same to the city council or board and if it shall appear that said petition or petitions are in proper form and have been sufficiently signed by the qualified electors of such city, the council or board shall within five (5) days order and provide for the holding of a special election in such city not less than twenty (20) days nor more than sixty (60) days from the date of making such order, notice of which shall be given, and the same shall be held and conducted as other elections in such city. At such special election the propositions to be voted for shall be:
(1)
"FOR THE PRESENT FORM OF GOVERNMENT" and "FOR THE COUNCIL-MANAGER PLAN OF GOVERNMENT," and
(2)
"FOR COUNCILMEN ELECTED AT LARGE" and "FOR COUNCILMEN ELECTED BY WARDS," which propositions shall be printed on the official ballot at such election.
Codes, 1942, § 3825.5-02; Laws, 1948, ch. 385, § 2; Laws, 1952, ch. 372, § 2; Laws, 1974, ch. 439, § 1, eff. 6/25/1974 (the date the United States Attorney General interposed no objections).
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-5 - Results of election for change to council-manager form; effective date of change

As soon as the returns of any election held hereunder for the adoption of the council-manager plan have been certified, and if a majority of the votes cast at such election were in favor of the council-manager form of government, the mayor of such city shall immediately certify to the secretary of state that such city, by special election, has adopted the council-manager form of government provided for herein, which certificate shall be recorded in a book kept for that purpose by the secretary of state. Such form of government shall then become effective on the third Tuesday after said adoption.
In case it shall appear by said election returns that a majority of the votes cast at such election were in favor of the existing form of government, then the mayor and councilmen or aldermen shall dismiss the petition, in which case no similar petition or ordinance shall be filed for a period of two years from the date of such order dismissing the petition, but nothing short of such election shall preclude the filing of such petition and the holding of another election at any time.
Codes, 1942, §§ 3825.5-03, 3825.5-08; Laws, 1948, ch. 385, §§ 3, 8; Laws, 1952, ch. 372, §§ 3, 7; Laws, 1962, ch. 548, § 1, eff. 5/22/1962.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-7 - Transition to council-manager plan

All elected officials of the city holding office at the time the council-manager plan is adopted hereunder shall continue in office until the expiration of their respective terms of office. The mayor and councilmen or aldermen of the city, prior to the time of the effective date for the installation of the council-manager plan, shall have power to provide by ordinance for any details of the orderly transition from the prior form of government to the council-manager plan, not otherwise specified by law.
Codes, 1942, § 3825.5-04; Laws, 1948, ch. 385, § 4; Laws, 1952, ch. 372, § 4; Laws, 1962, ch. 548, § 2; Laws, 1965 Ex Sess, ch. 20, §§ 1-3.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-9 - Procedure for repeal of council-manager plan

Any city which has adopted the council-manager plan, as herein provided, and which shall have operated under the council-manager plan for a period of three years, may discontinue the council-manager plan of government by a vote of the electors thereof initiated by a petition of twenty per centum of the qualified electors of said city, and the same procedure set forth in Section
21-9-3
, shall be followed in determining whether such plan shall be discontinued. The propositions to be then voted on shall be: "For the council-manager form of government" and "Against the council-manager form of government."
Codes, 1942, § 3825.5-05; Laws, 1948, ch. 385, § 5; Laws, 1952, ch. 372, § 5.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-11 - Conduct of elections

All elections held either for the adoption of the council-manager plan of government or for its discontinuance or repeal, shall be held and conducted in accordance with the general laws for the holding of municipal elections.
Codes, 1942, § 3825.5-07; Laws, 1948, ch. 385, § 7.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-13 - Transition from council-manager plan

In case the council-manager plan of government is discontinued or repealed by a majority vote of the qualified electors of such city, voting in an election for that purpose, as provided in Section
21-9-9
, the next municipal election thereafter shall be conducted for such officials as are provided by law for such city under and according to that form of government under which it operated prior to the time that it adopted the council-manager plan of government. The elected officials then holding office under the council-manager plan shall continue in office until their duly elected successors under said form of government under which the municipality operated prior to the adoption of the council-manager plan shall take office. On the date on which such newly elected officials shall take office, as provided by law, the employment of such manager as shall have theretofore been employed by the council under the council-manager plan shall terminate, and all offices created under the provisions of this chapter shall terminate. Thereafter the municipality shall be governed by the general law applicable according to the form of government under which it had operated prior to adoption of the council-manager plan. The council or board shall have power by ordinance not inconsistent herewith to provide for the orderly transition from the one form of government to the other, in the same manner as is provided in Section
21-9-7
. A city which has adopted the council-manager plan and subsequently discontinues it, as herein provided, may readopt it by following the same procedure as that herein set forth for its original adoption, and it may likewise thereafter so discontinue the same.
Codes, 1942, § 3825.5-06; Laws, 1948, ch. 385, § 6; Laws, 1952, ch. 372, § 6.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-17 - Primary election for candidates for mayor and councilmen

Except as otherwise provided, all candidates for mayor and councilmen, or any of them, to be voted for at any general or special municipal election, shall be nominated by party primary election, and no other name or names shall be placed on the official ballot at such general or special election than those selected in the manner prescribed herein. Such primary election or elections, shall be held not less than ten, nor more than thirty days, preceding the general or special election, and such primary election or elections shall be held and conducted in the manner as near as may be as is provided by law for state and county primary elections.
Codes, 1942, § 3825.5-10; Laws, 1948, ch. 385, § 10; Laws, 1952, ch. 372, § 9.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-19 - Conduct of municipal council election; declaring results

At all elections held to choose a mayor and councilmen, or any of them, the choice of the person or persons voting shall be indicated and the ballots shall be marked in like manner as is provided by law for general state and county elections.
The poll managers at all special and general elections for mayor and councilmen, or any of them, shall immediately, upon the closing of the polls, count the ballots and ascertain the number of votes cast in each voting precinct for each of the candidates and make return thereof to the municipal election commissioners. On the day following any special or general election, the municipal election commissioners shall canvass the returns so received from all the voting precincts, and shall within six (6) business days after such special or general election, deliver to each person receiving the highest number of votes a certificate of election. If it shall appear by the returns that any two (2) candidates for mayor or councilmen, have received an equal number of votes, the election shall be decided by a toss of a coin or by lot, fairly and publicly drawn under the direction of the election commissioners, with the aid of a friend of each such candidates, and a certificate of election shall be given accordingly.
The election commissioners shall, within ten (10) business days after any special or general election, certify to the Secretary of State the name or names of the person or persons elected at such special or general election, and the Secretary of State shall, immediately upon receiving such certificates, deliver the same to the Governor, who shall immediately issue commissions to the persons mentioned in certificate.
Codes, 1942, §§ 3825.5-11, 3825.5-12; Laws, 1948, ch. 385, §§ 11, 12.
Amended by Laws, 2017, ch. 441, HB 467, 184, eff. 4/18/2017.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-21 - Appointment of officials and employees of city other than councilmen and mayor; surety bond

In a city in which the council-manager plan of government is in effect under the provisions of this chapter, no city official or employee shall be elected by the voters except members of the council and the mayor. All other officials and employees shall be appointed as hereinafter provided.
The city council shall require all officers and employees handling or having the custody of any of the public funds of such municipality to give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in an amount to be determined by the council (which shall not be less than Fifty Thousand Dollars ($50,000.00)), the premium on which bonds shall be paid by the city.
Codes, 1942, § 3825.5-13; Laws, 1948, ch. 385, § 13; Laws, 1950, ch. 503, § 1; Laws, 1986, ch. 458, § 26; Laws, 1988, ch. 488, § 5; Laws, 2009, ch. 467, § 9, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-23 - Transfer of administrative functions to city manager

Members of the city council shall have no administrative powers or duties. All such powers or duties vested in members of the governing body of the city before adoption of the council-manager plan of government shall be transferred to the city manager or his subordinates.
Codes, 1942, § 3825.5-24; Laws, 1948, ch. 385, § 24.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-25 - City manager; choosing thereof

The first city council elected under the provisions of this chapter shall at its first meeting employ by majority vote of all its members a city manager who shall be the chief administrative officer of the city. The manager shall receive such compensation as the council shall determine, and shall be chosen solely on the basis of his or her experience and administrative qualifications. The manager shall not engage in any other business or profession that conflicts with the duties of the office of city manager so long as such person holds the office of city manager. Before the city manager engages in any other business or profession, the manager shall give notice of such business or profession to the city council. No person elected to the city council shall be eligible for the office of city manager during the term for which the person was elected.
If the office of city manager becomes vacant, the city council shall appoint without delay a new manager or an acting manager to fill the office until a new manager is designated.
In case of the absence or disability of the city manager, the city council may appoint a qualified person to perform the duties of the city manager temporarily.
Codes, 1942, §§ 3825.5-15, 3825.5-20; Laws, 1948, ch. 385, §§ 15, 20; Laws, 2011, ch. 436, § 1, eff. 3/23/2011.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-27 - City manager; term of office; removal

The city manager shall hold office for such period (not to exceed four years for any one specified period) as may be provided by ordinance, and shall be eligible for reemployment, successively or otherwise. The manager may be removed at any time by a vote of a majority of all the members of the council. However, he shall not be so removed until the reasons for his proposed removal have been furnished him in writing, and until he has received a public hearing thereon before the council, if he so requests. Pending and during such hearing the council may suspend him from office.
Codes, 1942, § 3825.5-16; Laws, 1948, ch. 385, § 16; Laws, 1952, ch. 372, § 11.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-29 - Duties of city manager

The city manager shall, subject to law:
(a)
be responsible to the council for the entire administration of the city government;
(b)
prepare and recommend to the council an annual budget;
(c)
administer and secure the enforcement of all laws and ordinances of the city;
(d)
appoint and remove all department heads and other employees of the city, except that notwithstanding any other provisions of this chapter, the council shall appoint the city attorney, the auditor, and the police justice, if any, and the council may, in its discretion, appoint the city clerk and treasurer;
(e)
supervise and control all department heads and other employees and their subordinates;
(f)
negotiate contracts and make all purchases for the city, subject to existing laws and subject to the approval of the council;
(g)
see that all terms and conditions imposed in favor of the city or its inhabitants in any statute or municipal ordinance regarding public utility franchises or other contracts are faithfully kept and performed, and upon knowledge of any violation thereof call the same to the attention of the council;
(h)
make such recommendations to the council as he may deem expedient or necessary;
(i)
make reports or recommendations to the council upon request, and at least once a year present a written report of his work and the financial condition of the city for the information of the council and of the public;
(j)
perform such other duties as may be required by ordinance or resolution of the city council.
Codes, 1942, §§ 3825.5-17, 3825.5-27; Laws, 1948, ch. 385, §§ 17, 27; Laws, 1950, ch. 503, § 2; Laws, 1952, ch. 372, §§ 12, 14.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-31 - Control of manager and his subordinates by council

Neither the mayor nor any of the members of the council or committees of the council shall direct or dictate the appointment of any person to or his removal from office by the manager or any of his subordinates. Except for the purposes of inquiring or receiving information or advice, the mayor and council and the several members thereof shall deal with the administrative services solely through the manager and neither the mayor nor any member of the council shall give orders to any subordinate of the city. The city council shall have the power to investigate any part of the city government and for that purpose to compel the attendance of witnesses and the production of documents and other evidence.
Codes, 1942, § 3825.5-18; Laws, 1948, ch. 385, § 18.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-33 - Attendance of manager and other officials at council meetings

The manager and such other officers as the council shall determine shall meet regularly with the city council and have full privileges of discussion but no vote.
Codes, 1942, § 3825.5-19; Laws, 1948, ch. 385, § 19.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-35 - City council to act as governing body of city

The mayor and councilmen shall constitute the governing body of such city or town and shall be known as the city council or the town council as the case may be. Except as limited in this chapter, the city council shall have, exercise and perform all executive, legislative and judicial powers, duties and obligations vested by law in the mayor and governing body acting for the city at the time of the adoption by such city of the council-manager form of government.
The corporate name of every such city or town shall be "The City of (name of city)," or "The Town of (name of town)," under which name the council shall exercise and perform all the corporate powers, duties and obligations conferred or imposed on it or the members thereof.
Codes, 1942, §§ 3825.5-14, 3825.5-29; Laws, 1948, ch. 385, §§ 14, 29; Laws, 1952, ch. 372, § 10.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-37 - Function of the mayor

The mayor shall be the titular head of the city for all ceremonial purposes and for all processes of law. He shall be the president of the council and shall have a voice and vote in its proceedings, but no power of veto. He shall have no administrative powers. In case of his absence or disability, the council may appoint another of its members to fulfill his duties temporarily.
Codes, 1942, § 3825.5-14; Laws, 1948, ch. 385, § 14; Laws, 1952, ch. 372, § 10.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-39 - Meetings of the council; quorum; voting

(1)
Regular public meetings of the council shall be held on the first Tuesday of each month, at such time of day as the council may provide. When a regular meeting of the council shall fall on a holiday, the council shall meet the following day. Special meetings may be called at any time by the mayor or two (2) councilmen on at least two (2) days' notice to the mayor and each member of the council. A special meeting may also be held at any time by written consent of the mayor and all members of the council. At all meetings of the council, a majority of the members thereof shall constitute a quorum. The quorum required by this section may be established by teleconference or video means as provided in Section
25-41-5(2)
. The affirmative vote of a majority of all of the members of the council shall be necessary to adopt any motion, resolution or ordinance, or to pass any measure whatever, unless a greater number is provided in this chapter. Upon every vote taken by the council, the yeas and nays shall be called and recorded, and every motion, resolution or ordinance shall be reduced to writing before the vote is taken thereon. Upon request of one or more council members, any motion, resolution or ordinance shall be read by the clerk before the vote is taken thereon. The city or town manager may be appointed only at a regular meeting of the council with no less than a majority of the members, plus one (1), in attendance.
(2)
The council may, pursuant to Section
21-17-17
, set a day other than Tuesday for the holding of its regular monthly meeting.
Codes, 1942, § 3825.5-28; Laws, 1948, ch. 385, § 28; Laws, 1952, ch. 372, § 15; Laws, 1973, ch. 324, § 3; Laws, 1979, ch. 403, § 5; Laws, 1987, ch. 503, § 4; Laws, 2012, ch. 442, § 6, eff. 9/20/2012 (the date the United States Attorney General determined the amendment of this section was not subject to Section 5 of the Voting Rights Act of 1965) .
Amended by Laws, 2017, ch. 319, HB 1119, 6, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-41 - Mayor and councilmen not required to have offices or office hours

Neither the mayor nor councilmen shall be required to have any office in the city hall, nor shall they be required to have any office hours.
Codes, 1942, § 3825.5-23; Laws, 1948, ch. 385, § 23.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-43 - Council members shall not serve as members of commissions or boards under their control

A member of the city council shall neither be a member of any commission or board appointed by the city council nor serve as a member of any commission or board under the jurisdiction of the city council, except as otherwise provided by law.
Codes, 1942, § 3825.5-13; Laws, 1948, ch. 385, § 13; Laws, 1950, ch. 503, § 1.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-45 - Reorganization of city government at behest of council

The council may, by ordinance, create new departments and offices as shall appear proper but only on recommendation of the city manager, and shall likewise fix the powers and duties and number of employees and compensation therefor.
Codes, 1942, § 3825.5-25; Laws, 1948, ch. 385, § 25.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-47 - Hours of service of city officers and employees

The city council shall, by resolution, fix the hours of service of all officers and employees of the city.
Codes, 1942, § 3825.5-23; Laws, 1948, ch. 385, § 23.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-49 - and 21-9-51 - [Repealed]

Repealed by Laws, 1980, ch. 330, eff.4/14/1980.
§ 21-9-49. [Codes, 1942, § 3825.5-31; Laws, 1948, ch. 385, § 31; 1956, ch. 403] § 21-9-51. [Codes, 1942, § 3825.5-32; Laws, 1948, ch 385, § 32; 1952, ch. 372, § 17]
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-53 - Annual examination and statement to be made by council

At the end of each fiscal year, the council shall cause a full and complete examination of all the books, accounts and vouchers of the city to be made by a competent accountant or accountants. The report of said examination shall be typed or printed in pamphlet form including a detailed, itemized statement of all receipts and disbursements for the year, and a summary of the proceedings of the council during the year. The council shall furnish a copy of said pamphlet, free of charge, to all persons who shall apply therefor at the office of the clerk, and shall cause three of the printed copies of said pamphlet for each fiscal year to be substantially bound in three volumes, which shall be kept and preserved as a record of the clerk's office. Said pamphlets shall be published as now provided by law.
Codes, 1942, § 3825.5-38; Laws, 1948, ch. 385, § 38; Laws, 1952, ch. 372, § 19.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 9 - COUNCIL-MANAGER PLAN OF GOVERNMENT (§§ 21-9-1 — 21-9-83) › Section 21-9-55 - Appropriations by first elected council

If at the beginning of the first term of office of the first city council elected by any city under the provisions of this chapter, the appropriations for the expenditures for the city government for the current fiscal year shall have been made, the council shall have power, by ordinance, to revise, to repeal, or change said appropriations and to make additional appropriations.
Codes, 1942, § 3825.5-39; Laws, 1948, ch. 385, § 39.