reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-105 - Consolidation of agencies and employees into state personnel system

It is the intent of this chapter to consolidate into one (1) state personnel system all agencies and employees now administered by the Mississippi Classification Commission, agencies and employees now administered by the Mississippi Coordinated Merit System Council, and such other agencies and employees except as excluded by this chapter. The State Personnel Board established herein shall assume the total functions of personnel administration services (a) for those agencies and positions now required and operating under merit system rules due to federal statutory and regulatory provisions or state law, and (b) for all state agencies, departments and institutions except as excluded by this chapter. However, state agencies which are not required by law to operate under merit system rules may request an exemption from the applicant selection process by specific job class or on an agency-wide basis when such exemption is justifiable.
Laws, 1980, ch. 303, § 2(2), eff. 2/1/1981.
Amended by Laws, 2014, ch. 491, HB 454, 2, eff. 4/15/2014.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-109 - State Personnel Board members, terms of office, qualifications, vacancies

There is hereby created a board of five (5) members to be known as the State Personnel Board to be appointed by the Governor as hereinafter provided, with the advice and consent of the Senate.
Gubernatorial appointees serving on the board on June 30, 1984, shall continue to serve on the board, and the terms of such members shall be extended as follows:
(a)
The term of the member serving from the Third Supreme Court District shall expire on June 30, 1986.
(b)
The term of the member serving from the state at large shall expire on June 30, 1987.
(c)
The term of the member serving from the First Supreme Court District shall expire on June 30, 1988.
(d)
The term of the member serving from the Second Supreme Court District shall expire on June 30, 1989.
For a term to begin on July 1, 1984, the Governor shall appoint one (1) member from the state at large for a term of one (1) year.
Upon the expiration of the foregoing terms, such appointments shall be made by the Governor from the appropriate geographical area for terms of five (5) years beginning July 1 of the year of appointment.
An appointment to fill a vacancy, other than by expiration of a term of office, shall be made by the Governor for the balance of the unexpired term.
All appointees shall have at least a bachelor's degree in public administration, personnel management or in a management-related field of study or, in the alternative, shall have a bachelor's degree in any field and ten (10) years of experience in a position the duties of which specifically required the appointee to carry out personnel management responsibilities in an organization and were the exclusive responsibilities of his position. An appointee with a graduate degree in public administration, personnel management or in a management-related field of study shall also be qualified to serve on the board. In the alternative, an appointee with a graduate degree in any field shall be qualified if he has five (5) years of experience in a position the duties of which specifically required him to carry out personnel management responsibilities in an organization and were the exclusive responsibilities of his position.
Laws, 1980, ch. 303, § 4(1); Laws, 1984, ch. 488, § 304; Laws, 2005, ch. 411, § 3, eff. 3/16/2005.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-111 - Officers of board, regulations as to meetings

(1)
There shall be a chairman and vice chairman of the board, elected by and from the membership of the board. The board shall adopt rules and regulations governing times and places for meetings, and governing the manner of conducting its business. Any member who shall not attend three (3) consecutive regular meetings of the board shall be subject to removal by a majority vote of the board members.
(2)
The Lieutenant Governor may designate two (2) senators and the Speaker of the House of Representatives may designate two (2) representatives to attend any meeting of the State Personnel Board. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend such meetings of the board. Such legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the board. For attending meetings of the board, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the board will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the board without prior approval of the proper committee in their respective houses.
Laws, 1980, ch. 303, § 4(2)(3); Laws, 1984, ch. 488, §§ 305 and 306, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-113 - Regular meetings; compensation and expenses of members

The State Personnel Board shall prescribe the general policies by which the state personnel system shall be administered. The board shall hold regular meetings at least once each month and may hold additional meetings as may be required for the proper discharge of its duties. Members of the board shall receive a per diem as is authorized by law for each day spent in actual discharge of their duties and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties in accordance with requirements of Section
25-3-41
, Mississippi Code of 1972. No board member may incur per diem, travel or other expenses unless previously authorized by vote at a meeting of the board, which action shall be recorded in the official minutes of said meetings. All expenses of the board incurred in the administration of this chapter shall be paid from such funds as may be appropriated by the Legislature for such purpose.
Laws, 1980, ch. 303, § 5(1); Laws, 1980, ch. 560, § 30, eff. 5/26/1980.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-115 - State Personnel Board to report to Legislature recommendations for judicial salaries; factors to be considered

From and after November 1, 2017, and every four (4) years thereafter, the State Personnel Board shall prepare a written report to the Legislature that examines, evaluates and recommends an adequate level of compensation for the justices of the Supreme Court, the judges of the Court of Appeals, the judges of the chancery and circuit courts, the judges of the county courts, judicial staff attorneys, and law clerks. In preparing the report, the board shall consider all appropriate factors including, but not limited to, comparative judicial, judicial staff attorney, and law clerk salaries in neighboring states and in the Southeast as a whole; comparative judicial, judicial staff attorney, and law clerk salaries in the federal judiciary; salaries of comparable professionals in government, academia, private law practice and the corporate sector; changes in public sector spending; rates of inflation; and the overall economic climate.
Laws, 2012, ch. 329, § 6, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-116 - Suspension of hiring, promotion and other reclassifications

Upon recommendation of the State Fiscal Management Board, after a determination that the state revenue and expenditure requires such action the State Personnel Board may institute an immediate suspension of all hirings, promotions, reclassifications, reallocations and pay grade realignments until such time as the state fiscal management board shall recommend that such action is no longer required.
Laws, 1981, ch. 504, § 14; Laws, 1984, ch. 488, § 172, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-117 - Mississippi Personnel Advisory Council; membership; duties; expenses

(1)
There is hereby created and established the Mississippi Personnel Advisory Council, which shall consist of the personnel directors of five (5) major state agencies to be appointed by the Governor. Members of the council shall serve for a term concurrent with that of the Governor.
(2)
It is made the duty of the Mississippi Personnel Advisory Council and it is hereby granted the authority to:
(a)
Advise the State Personnel Board in the development of comprehensive policies and programs for the improvement of public employment in the state;
(b)
Assist in the formulation of rules, regulations and standards relating to the state personnel system; and
(c)
Assist in the promotion of public understanding of the purposes, policies and practices of the state personnel system.
(3)
Members of the council shall receive no compensation, but shall be reimbursed for their actual and necessary expenses, including food, lodging and mileage as authorized by Section
25-3-41
, Mississippi Code of 1972, required for attendance at council meetings.
Laws, 1980, ch. 303, § 6, eff. 2/8/1980.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-121 - State service; status of permanent or certified employees under prior systems

The state service, as defined by Section
25-9-107
, shall consist of all positions now existing in the state departments, agencies and institutions or hereafter established, except those included in the nonstate service by this chapter. Such positions shall be covered by the state personnel system. Any officer or employee who has acquired a valid permanent status under the Mississippi Coordinated Merit System Council existing on February 1, 1981, shall continue in such status and shall not be required to take further or new examinations in order to retain such status. Any officer or employee who has been certified by the Mississippi Classification Commission and appointed by a state agency head as of February 1, 1981, shall continue in such status and shall not be required to take further or new examinations in order to retain such status.
Laws, 1980, ch. 303, § 8(1), eff. 2/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-123 - Nonstate service; exclusion of positions covered by prior systems

The nonstate service, as defined by Section
25-9-107
, shall consist of all positions in the departments, agencies and institutions of state government not included in the state service under this chapter and shall not be subject to the rules and regulations of the state personnel system. No position existing on February 1, 1981, which is covered by the Mississippi Coordinated Merit System Council shall be excluded from the state service, unless such position is specifically excluded by this chapter.
Laws, 1980, ch. 303, § 8(2), eff. 2/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-125 - Temporary assignment of state service employees to nonstate service

A state service employee, with the consent of the head of the department, agency or institution and the concurrence of the state personnel director, may be placed on a leave of absence for purposes of accepting an assignment in the nonstate service for a period not to exceed one (1) year, subject to rules adopted by the board.
Laws, 1980, ch. 303, § 8(3), eff. 2/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-126 - Furlough of federally funded employees

In the event that federal funds for the funding of programs of any state agency shall be restricted or limited, the administrative board of such agency or agency administrative head shall have the authority to furlough rather than dismiss employees in accordance with rules and regulations established by the State Personnel Board.
Laws, 1991, ch. 600, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-129 - Employee appeals board; membership; terms of office; compensation

The State Personnel Board shall appoint an employee appeals board, which shall consist of three (3) hearing officers, for the purpose of holding hearings, compiling evidence and rendering decisions on appeals of state agency action adversely affecting the employment status or compensation of any employee in the state service. Hearings before the employee appeals board may be conducted by an individual hearing officer or by the board en banc, as provided in State Personnel Board rules. The original appointments shall be effective February 1, 1981, as follows:
(a)
One (1) hearing officer from the first Supreme Court district, for a term of two (2) years to expire February 1, 1983;
(b)
One (1) hearing officer from the second Supreme Court district, for a term of three (3) years to expire February 1, 1984; and
(c)
One (1) hearing officer from the third Supreme Court district for a term of four (4) years to expire February 1, 1985.
Upon expiration of the foregoing terms, members shall be appointed by the board for terms to expire February 1 each four (4) years thereafter, and may be reappointed. The members of the employee appeals board shall be paid an appropriate fee, to be established by the attorney general, and they shall be reimbursed for any actual and necessary expenses incurred while hearing an appeal as authorized by general law.
Laws, 1980, ch. 303, § 9(2); Laws, 1982, ch. 390, § 3, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-131 - Proceedings before employee appeals board; judicial review; legislative intent

(1)
Any employee in the state service may appeal his dismissal or other action adversely affecting his employment status to the employee appeals board created herein. The proceedings before the employee appeals board shall be de novo, and the employee shall be afforded all applicable safeguards of procedural due process. The employee appeals board shall have the authority to administer oaths and affirmations and to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence upon a showing of relevancy or materiality of the witnesses or documents to an appeal pending before the board. Subpoenas so issued shall be delivered to the sheriff of the county where they are to be executed, and the sheriff shall cause them to be served. In case of the failure of any person to comply with any subpoena issued by the board, the board or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to obey the order of the court may be punished by the court as a contempt thereof. The employee appeals board may modify the action of the department, agency or institution but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with the order issued as a result of the appeal to the employee appeals board.
(2)
Any employee aggrieved by a final decision of the employee appeals board shall be entitled to judicial review thereof in the manner provided by law.
(3)
It is the intent of Sections
25-9-127
through
25-9-131
to supercede and replace any existing statutory procedure conflicting in whole or in part which provides for the discharge of state employees in any state agency.
Laws, 1980, ch. 303, § 9(3)-(5); Laws, 1983, ch. 349, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-132 - Judicial review of employee appeals board decisions

Any employee aggrieved by a final decision of the employee appeals board shall be entitled to judicial review thereof in the manner provided in this section.
(1)
An appeal may be taken by such employee to the circuit court of the principal county of the employee's employment or the Circuit Court of the First Judicial District of Hinds County, by filing a petition with the clerk of such court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, in the penalty of Five Hundred Dollars ($500.00), conditioned upon the payment of all costs of appeal, including the cost of preparing the transcript of the hearing before the employee appeals board. The petition and bond shall be filed within thirty (30) days of the receipt of the final decision of the employee appeals board. Upon approval of the bond, the clerk of the court shall notify the employee appeals board, which shall prepare its record in the matter and transmit it to the circuit court.
(2)
The scope of review of the circuit court in such cases shall be limited to a review of the record made before the employee appeals board or hearing officer to determine if the action of the employee appeals board is unlawful for the reason that it was:
(a)
Not supported by any substantial evidence;
(b)
Arbitrary or capricious; or
(c)
In violation of some statutory or constitutional right of the employee.
(3)
No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of Sections
25-9-127
through
25-9-129
; provided, however, in the event that there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.
(4)
Any party aggrieved by action of the circuit court may appeal to the Supreme Court in the manner provided by law.
(5)
In each controversy in which the employee appeals board assumes jurisdiction, the State Personnel Board shall assess the respondent state agency a reasonable fee to defray the cost of recording the hearing. The State Personnel Board is hereby authorized to contract with certified court reporters to record hearings before the employee appeals board.
Laws, 1984, ch. 468, eff. 5/10/1984.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-133 - Recommendations and position audits by board

(1)
The board shall recommend policies and procedures for the efficient and economical use of employment positions. The board shall report to the State Fiscal Management Board and the Legislative Budget Office recommendations for the number of employment positions and costs within each department, agency or institution. Such recommendation shall include the job title and salary of each position. The board shall conduct periodic position audits within each department, agency or institution to ensure the effective and efficient use of all personnel resources and to determine compliance with organization and staffing plans by agencies.
(2)
No person shall be employed by any agency for any period for any purpose except in an employment position authorized by legislative appropriation or by the body authorized by law to escalate budgets and approve employment positions under the guidelines established by the Legislature. Each employment position so authorized shall be classified and assigned a pay range on the basis of actual job content, according to the State Classification Plan.
Laws, 1980, ch. 303, § 10(1); Laws, 1981, ch. 504, § 12; Laws, 1984, ch. 488, § 173; Laws, 1985, ch. 404, § 2, eff. 7/1/1985.
Amended by Laws, 2022, ch. 508, HB 1426,§ 5, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-135 - State personnel director to review payrolls and collect statistical information; retention of payroll warrants for agency violations

(1)
The state personnel director shall review the payroll of each department, agency and institution for conformity with state personnel system rules and regulations and determine whether the payroll conforms to the said rules and regulations and is in compliance with legislatively authorized employment positions. The board shall implement a central personnel record system which shall be used as a basis for payment of salaries of state employees.
(2)
In order to furnish the Governor, the State Legislature and the general public with statistical information which can be used in planning departmental programs and budgeting, each department, agency and institution whose employees are in the state and nonstate service shall submit such payroll and other essential personnel and organizational data as may be prescribed and approved by the board to the state personnel director, who shall compile and consolidate reports pertaining to the number of personnel, salaries, length of service, type of work, distribution of employees by departments, agencies and institutions, and other personnel information as may be deemed necessary by the board.
(3)
If the personnel director shall determine that any agency as defined by this chapter shall have violated any provision of this chapter, he shall prepare a written report of findings to be certified by the State Personnel Board and furnish the report to the state auditor of public accounts. The state auditor of public accounts shall withhold issuance of any payroll warrant determined in violation of this chapter as certified by the board and shall take such action as required by law to initiate an immediate audit of any agency found in violation for the purpose of civil recovery of funds misspent.
Laws, 1980, ch. 303, § 10(2), (3); Laws, 1981, ch. 504, § 13, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-137 - Reorganization and consolidation of prior systems

The Mississippi Classification Commission shall be responsible for a plan to orderly reorganize and consolidate the existing classification commission staff and the Mississippi Coordinated Merit System Council staff. The reorganization and consolidation plan shall be completed by February 1, 1981. The state capitol commission shall provide such office space as required to accommodate the reorganization and consolidation.
Laws, 1980, ch. 303, § 11, eff. 2/8/1980.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-139 - Status of employees, equipment and supplies of prior systems; transfer of funds appropriated to prior systems

(1)
Employees of the Mississippi Classification Commission and the Mississippi Coordinated Merit System Council holding positions on February 1, 1981, shall be employees of the State Personnel Board on February 1, 1981; and all offices, equipment, supplies, services, programs and other activities of the Mississippi Classification Commission and the Mississippi Coordinated Merit System Council are hereby made offices, equipment, supplies, services, programs and other activities of the State Personnel Board.
(2)
The State Personnel Board may, with the approval of the commission of budget and accounting require the transfer of funds appropriated for the use of the Mississippi Classification Commission and the Mississippi Coordinated Merit System Council. Said funds shall be transferred by the state auditor to a separate account in the state treasury. The auditor shall issue his warrants upon requisitions signed by the proper person or officer designated by the board.
Laws, 1980, ch. 303, § 12, eff. 2/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-141 - Funding for State Personnel Board; proration of costs; funding of agency expenses; deposit of monies into State General Fund

The State Personnel Board may, in the discretion of the Legislature, operate from special funds provided from department, agency and institution assessments. If the Legislature adopts the assessment procedure, the cost of those operations shall be prorated among all departments, agencies and institutions, based upon the number of employment positions authorized and/or serviced by the board, and the departments, agencies and institutions shall pay their share of the cost upon receipt of billing from the board. However, for the period beginning July 1, 2010, and ending June 30, 2011, the annual agency assessment authorized in this section shall not be less than One Hundred Twenty Dollars ($120.00) nor more than One Hundred Twenty-seven Dollars ($127.00) per State Personnel Board PIN number.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Laws, 1980, ch. 303, § 13; Laws, 2010, ch. 562, § 11, eff. 5/21/2010.
Amended by Laws, 2016, ch. 459, SB 2362, 42, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-143 - Status of employees in merit positions and exempt positions

Unless otherwise provided in this chapter, each personnel system officer or employee in a merit position affected by this chapter shall be entitled to all rights which he possessed under the Mississippi Classification Law and under the Mississippi Coordinated Merit System Council in a merit position before February 1, 1981. All previously exempt employment positions created by separate laws are hereby included in the provisions of this chapter, except as excluded in Section
25-9-107
.
Laws, 1980, ch. 303, § 14, eff. 2/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-145 - Official coercion prohibited; penalties

(1)
No elected state official, elected state district official, appointed state official or member of the judiciary shall use his official authority or influence to coerce, by threat of discharge from employment or otherwise, the political action of a person or body.
(2)
Any official who violates this section shall be subject to removal from his position by proceedings initiated in the circuit court by the Office of the Attorney General, on his own motion or on relation of another; and any official so found in violation of subsection (1) of this section shall be guilty of a misdemeanor in office and imprisoned for a term not less than one (1) year or more than five (5) years or fined not more than Five Thousand Dollars ($5,000.00), or both. Funds appropriated for the position from which any official is removed under the provisions of this chapter shall not thereafter be used to pay the salary of such individual.
Laws, 1980, ch. 303, § 15, eff. 2/8/1980.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-147 - Variable compensation plan; annual review and report; designation of plan as "Colonel Guy Groff/Neville Kenning Variable Compensation Plan."

The State Personnel Board shall review on an annual basis the variable compensation plan adopted by the Legislature at the regular session of 1981 and subsequently implemented by the State Personnel Board. Each state department or agency subject to the variable compensation plan shall prepare an annual written report under the direction of the head of that department or agency outlining the impact which the plan has had on that department or agency during the preceding fiscal year. Such department or agency report shall be submitted to the State Personnel Board and shall become a part of the board's annual review of the variable compensation plan. After conducting its annual review of the plan and studying the report of each department or agency, the State Personnel Board shall prepare a written legislative report, to be submitted to the members of the Mississippi Legislature prior to January 1 of each year. This written report shall accurately reflect the effect of the variable compensation plan on the various departments or agencies subject to the plan. From and after July 1, 1985, the plan shall be named the "Colonel Guy Groff State Variable Compensation Plan." From and after July 1, 2022, the plan shall be named the "Colonel Guy Groff/Neville Kenning Variable Compensation Plan."
Laws, 1982, ch. 311; Laws, 1985, ch. 362, eff. 7/1/1985.
Amended by Laws, 2022, ch. 508, HB 1426,§ 12, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-148 - Annual report regarding increases in compensation, other than salary increases authorized by Legislature

Before September 1, 1996, and before September 1 of every year thereafter, the State Personnel Board shall prepare a written report to be submitted to the Chairmen of the House of Representatives Appropriations and Fees and Salaries of Public Officers Committees, the Chairmen of the Senate Appropriations and Fees, Salaries and Administration Committees and the Legislative Budget Office specifically describing every increase in compensation, other than salary increases authorized by the Legislature, or additional compensation that was awarded to any state officer, administrator, executive head, employee or employees during the next preceding fiscal year. For each increase or additional compensation awarded, the report shall include no less than the following information: the annual salary of the officer, administrator, executive head or employee before the increase; the total amount of the increase or additional compensation; the justification for the increase or additional compensation; the effective date of the increase or additional compensation; and the source of the additional compensation, including federal or private funds.
Laws, 1996, ch. 328, § 1, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-149 - Discriminatory practices prohibited

It is the intent of the Legislature that no person seeking employment in state service, as defined in Section
25-9-107
, Mississippi Code of 1972, or employed in state service, as defined in Section
25-9-107
, Mississippi Code of 1972, shall be discriminated against on the basis of race, color, religion, sex, national origin, age or handicap.
Laws, 1984, ch. 488, § 333, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-151 - Longevity service award program

(1)
There is hereby established a longevity service award program for full-time employees of the State of Mississippi.
(2)
The State Personnel Board shall coordinate the design, purchase, distribution and presentation of service awards based on years of service with the State of Mississippi for full-time employees in all state agencies, boards and commissions.
(3)
The longevity service awards shall be made upon attainment of ten (10), twenty (20) and thirty (30) years of full-time service in state government, and shall be the same for all personnel regardless of position or title.
(4)
The State Personnel Board shall promulgate such reasonable rules and regulations as deemed necessary in carrying out the provisions of this longevity service awards program.
(5)
Nothing in this section shall be construed as authorizing the giving of gifts or monetary bonuses to employees.
Laws, 1990, ch. 339, § 1, eff. 3/12/1990.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-153 - Operator of state-owned vehicle must have valid driver's license from Mississippi or contiguous state; operator of vehicle owned by state institution of higher learning must have valid driver's license of appropriate classification from any state; penalty

(1)
(a)
Except as provided in paragraph (b), an employee of any state agency, department, board, commission, institution or other instrumentality of the state may not operate a state-owned motor vehicle unless such person has a valid Mississippi driver's license or a valid driver's license from a contiguous state.
(b)
A person may operate a motor vehicle owned by a state institution of higher learning if they have a valid Mississippi driver's license of the appropriate classification or a valid driver's license of the appropriate classification from any state.
(2)
A violation of subsection (1) of this section constitutes good cause for dismissal from employment.
Laws, 1994, ch. 523, § 1; Laws, 2001, ch. 345, § 1, eff. 3/11/2001.
Amended by Laws, 2015, ch. 342, HB 1028, 1, eff. 3/13/2015.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PERSONNEL ADMINISTRATION SYSTEM (§§ 25-9-101 — 25-9-155) › Section 25-9-155 - Nonstate service employees to be given preference for state service positions over general public

The State Personnel Board shall grant part-time employees, as defined in Section
25-9-107(c)(xi)
, who are fully qualified, and time-limited employees, as defined in Section
25-9-107(c)(xiv)
, and all other nonstate service employees, who are fully qualified, preference over general public applicants for state service positions in the same manner that preference is given to employees in the state service, as defined in Section
25-9-107(b)
, for appointment in the state service.
Laws, 1994, ch. 531, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PROTECTION OF PUBLIC EMPLOYEE FROM REPRISAL FOR GIVING INFORMATION TO INVESTIGATIVE BODY OR AGENCY (§§ 25-9-171 — 25-9-177) › Section 25-9-172 - Record of complaint; authority to investigate complaint; standard form for complaint; confidentiality

(1)
Upon receipt of a signed written complaint of alleged improper governmental action, a state investigative body shall keep a record of the complaint and shall have the authority to investigate the complaint in accordance with its powers and duties provided by the laws of the State of Mississippi.
(2)
Each state investigative body shall develop and maintain a standard form for use by the whistleblower when reporting alleged improper governmental action. Such form shall require as a minimum the name, address and telephone number of the whistleblower, and a description of the alleged improper governmental action.
(3)
If any state investigative body receives a complaint that contains allegations outside its expertise, then the state investigative body may refer the complaint to another state investigative body unless contrary to the laws of the State of Mississippi.
(4)
In any case to which this section applies, the identity of the whistleblower shall be kept confidential unless the state investigative body determines that the information has been provided other than in good faith, or unless the confidentiality requirement conflicts with Article 1, Chapter 4 of this title, Mississippi Code of 1972.
Laws, 1999, ch. 424, § 2, eff. 3/18/1999.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PROTECTION OF PUBLIC EMPLOYEE FROM REPRISAL FOR GIVING INFORMATION TO INVESTIGATIVE BODY OR AGENCY (§§ 25-9-171 — 25-9-177) › Section 25-9-173 - Prohibition against dismissing or adversely affecting compensation or employment status of public employee for providing information to investigative body; reprisals and retaliatory actions; conditions for recovery of damages and other remedies

(1)
No agency shall dismiss or otherwise adversely affect the compensation or employment status of any public employee because the public employee testified or provided information to a state investigative body whether or not the testimony or information is provided under oath.
(2)
Any person who is a whistleblower, as defined in Section
25-9-171
, and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action, is entitled to the remedies provided under Section
25-9-175
. For the purpose of this section, "reprisal or retaliatory action" means, but is not limited to:
(a)
Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;
(b)
Demotion;
(c)
Reduction in pay;
(d)
Denial of promotion;
(e)
Suspension;
(f)
Dismissal; and
(g)
Denial of employment.
(3)
An employee who has filed a valid whistleblower complaint may not recover the damages and other remedies provided under Section
25-9-175
unless the dismissal or adverse action taken against him was the direct result of providing information to a state investigative body.
(4)
Nothing in this section prohibits a governmental entity from making any decision exercising its authority to terminate, suspend or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower.
(5)
A governmental entity is not precluded from taking any action in accordance with established personnel policies against an employee who knowingly and intentionally provides false information to a state investigative body.
Laws, 1991, ch. 454, § 2; Laws, 1999, ch. 424, § 3, eff. 3/18/1999.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PROTECTION OF PUBLIC EMPLOYEE FROM REPRISAL FOR GIVING INFORMATION TO INVESTIGATIVE BODY OR AGENCY (§§ 25-9-171 — 25-9-177) › Section 25-9-175 - Liability of agency for violating provisions

Any agency which violates the provisions of Section
25-9-173
shall be liable to the public employee for back pay and reinstatement. In addition, an employee whose employment is suspended or terminated or who is subjected to adverse personnel action in violation of Section
25-9-173
is entitled to sue for injunctive relief, compensatory damages, court costs and reasonable attorney's fees; provided, however, that an employee may not recover an amount that exceeds the limitations provided in Section
11-46-15
. Additionally, each member of any agency's governing board or authority may be found individually liable for a civil fine of up to Ten Thousand Dollars ($10,000.00) for each violation of Section
25-9-173
. In any instance where the agency in violation of Section
25-9-173
has no governing board or authority, the agency's executive director may be found individually liable for a civil fine not to exceed Ten Thousand Dollars ($10,000.00). If the court determines that any action filed under this section by an employee is frivolous and unwarrantable, the court may award to the employer court costs and reasonable expenses, including attorney's fees, incurred in defense of actions brought by the employee under this section.
Laws, 1991, ch. 454, § 3; Laws, 1999, ch. 424, § 4, eff. 3/18/1999.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › PROTECTION OF PUBLIC EMPLOYEE FROM REPRISAL FOR GIVING INFORMATION TO INVESTIGATIVE BODY OR AGENCY (§§ 25-9-171 — 25-9-177) › Section 25-9-177 - Actions to recover civil fines and other penalties

Actions to recover civil fines and other remedies provided for under Section
25-9-175
may be instituted in the Circuit Court for the First Judicial District of Hinds County or in the circuit court of the public employee's residence. In such actions, the public employee shall prove by a preponderance of the evidence that, but for his providing information or testimony to a state investigative body prior to occurrence of the dismissal or any adverse action, his dismissal or any adverse action taken against him would not have occurred. Remedies provided for herein shall be supplemental to any other remedies, judicial or administrative, provided for under law. Any administrative remedies provided for state-service employees under Sections
25-9-127
through
25-9-131
, Mississippi Code of 1972, or any remedies under a grievance or appeal process of the employing governmental entity relating to suspension or termination of employment or adverse personnel action, shall not be exhausted or diminished as a result of any action taken by the employee under Sections
25-9-175
and this section, and the employee shall be required to exhaust such remedies prior to instituting an action authorized under Sections
25-9-175
and this section.
Laws, 1991, ch. 454, § 4; Laws, 1999, ch. 424, § 5, eff. 3/18/1999.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › VETERAN'S PREFERENCE (§§ 25-9-301 — 25-9-305) › Section 25-9-301 - Definitions

The following terms shall have the meaning ascribed herein unless the context shall require otherwise:
(a)
"Veteran" means a person who served in the active Armed Forces of the United States for a period of ninety (90) days during a period of war or armed conflict and was granted an honorable discharge therefrom; or was discharged therefrom for a service-connected injury in less than ninety (90) days.
(b)
"Disabled veteran" means a veteran who the Veterans Administration has certified to have a service-connected disability rating of at least thirty percent (30%) within the last ninety (90) days, or a veteran who was awarded the Purple Heart for wounds received in combat.
Laws, 1980, ch. 346, § 1; Laws, 1991, ch. 476, § 1, eff. 7/1/1991.
Amended by Laws, 2019, ch. 398, SB 2863,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › VETERAN'S PREFERENCE (§§ 25-9-301 — 25-9-305) › Section 25-9-303 - Preference for veterans in appointment, promotion and layoffs; additional preference for veterans with disabilities

(1)
The State Personnel Board shall grant each veteran who is fully qualified preference over other applicants for an initial or promotional appointment. Disabled veterans shall be given additional preference.
(2)
In establishing a layoff formula or procedure, the State Personnel Board shall grant preference to veterans and additional preference to disabled veterans.
Laws, 1980, ch. 346, § 2, eff. 2/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › VETERAN'S PREFERENCE (§§ 25-9-301 — 25-9-305) › Section 25-9-305 - Rules and regulations

The State Personnel Board is authorized to establish a formula or formulas by rule and regulation to implement the provisions of sections
25-9-301
et seq.
Laws, 1980, ch. 346, § 3, eff. 2/1/1981.
Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 9 - STATEWIDE PERSONNEL SYSTEM (§§ 25-9-1 — 25-9-401) › REGISTRATION UNDER MILITARY SELECTIVE SERVICE ACT (§ 25-9-351) › Section 25-9-351 - Documentation of selective service registration required prior to employment of males between ages 18 and 26

(1)
Every male between the ages of eighteen (18) and twenty-six (26) who is required to register under the federal Military Selective Service Act, 50 USCS App. 453, and is seeking employment with the State of Mississippi shall submit to the person, commission, board or agency to which his application is submitted satisfactory documentation of his compliance with the draft registration requirements of the Military Selective Service Act. The documentation shall include a signed affirmation under penalty of perjury that the male applicant has complied with the requirements of the federal selective service act.
(2)
Every male between the ages of eighteen (18) and twenty-six (26) who is offered employment with the State of Mississippi shall be prohibited from being employed by the state until he submits the documentation required in subsection (1) of this section.
Laws, 1999, ch. 411, § 1, eff. 7/1/1999.