reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-15 - Duties of the mayor; authority of the board of aldermen

(1)
The mayor shall preside at all meetings of the board of aldermen, and in case there shall be an equal division, shall give the deciding vote. The executive power of the municipality shall be exercised by the mayor, and the mayor shall have the superintending control of all the officers and affairs of the municipality, and shall take care that the laws and ordinances are executed.
(2)
(a)
The legislative power of the municipality shall be exercised by the board of aldermen by a vote within a legally called meeting. No member of the board of aldermen shall give orders to any employee or subordinate of a municipality other than the alderman's personal staff.
(b)
Ordinances adopted by the board of aldermen shall be submitted to the mayor. The mayor shall, within ten (10) days after receiving any ordinance, either approve the ordinance by affixing his signature thereto, or return it to the board of aldermen by delivering it to the municipal clerk together with a written 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 board of aldermen prior to the next meeting of the board, but no later than fifteen (15) days after it has been presented to him, or unless the board of aldermen, upon reconsideration thereof on or after the third day following its return by the mayor, shall, by a vote of two-thirds (2/3) of the members of the board, resolve to override the mayor's veto.
(3)
The term "ordinance" as used in this section shall be deemed to include ordinances, resolutions and orders.
Codes, 1892, § 2979; 1906, § 3377; Hemingway's 1917, § 5905; 1930, § 2513; 1942, § 3374-40; Laws, 1950, ch. 491, § 40; Laws, 1982, ch. 472; Laws, 2006, ch. 333, § 1; Laws, 2008, ch. 435, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-17 - Signing of commissions and appointments; approval of bonds

The mayor shall sign the commissions and appointments of all officers elected and appointed by the mayor and board of aldermen. Such commissions and appointments shall be attested by the clerk. The refusal, failure or neglect of the mayor to sign such commissions and appointments, or the refusal, failure or neglect of the clerk to attest same, shall not affect the validity of the acts of such officer when the minutes show the election or appointment was regularly had or made by the board. All bonds payable to the municipality shall be approved by the mayor and clerk.
Codes, 1892, § 2980; 1906, § 3378; Hemingway's 1917, § 5906; 1930, § 2514; 1942, § 3374-41; Laws, 1950, ch. 491, § 41, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-19 - Regular meetings of board of aldermen; recess of meetings; quorum

(1)
The mayor and board of aldermen shall hold regular meetings the first Tuesday of each month at such place and hour as may be fixed by ordinance, and may, on a date fixed by ordinance, hold a second regular meeting in each month at the same place established for the first regular meeting provided the second meeting shall be held at a day and hour fixed by the ordinance which shall be not less than two (2) weeks from the first day of the first regular meeting and not more than three (3) weeks from the date thereof. When a regular meeting of the mayor and board of aldermen shall fall upon a holiday, the mayor and board shall meet the following day. The mayor and board may recess either meeting from time to time to convene on a day fixed by an order of the mayor and board entered on its minutes, and may transact any business coming before it for consideration. In all cases it shall require a majority of all aldermen to constitute a quorum for the transaction of business. The quorum required by this section may be established by teleconference or video means as provided in Section
25-41-5(2)
.
(2)
The mayor and board of aldermen may, pursuant to Section
21-17-17
, set a day other than Tuesday for the holding of their regular monthly meeting.
Codes, 1892, § 2989; 1906, § 3387; Hemingway's 1917, § 5915; 1930, § 2523; 1942, § 3374-43; Laws, 1950, ch. 491, § 43; Laws, 1960, ch. 423; Laws, 1973, ch. 324, § 1; Laws, 1979, ch. 403, § 2; Laws, 2012, ch. 442, § 2, 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, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-21 - Special meetings of board of aldermen

The mayor or any two (2) aldermen may, by written notice, call a special meeting of the mayor and board of aldermen for the transaction of important business. The notice must state the time of meeting and distinctly specify the subject matters of business to be acted upon and be signed by the officer or officers calling the meeting. Notice of the meeting shall be given to the members of the board, including the mayor, who have not signed it and who can be found, at least three (3) hours before the time fixed for the meeting. The method of notice shall be entered on the minutes of the special meeting, and business not specified therein shall not be transacted at the meeting. A member of the board shall not receive pay for attending a special meeting.
Codes, 1892, § 2990; 1906, § 3388; Hemingway's 1917, § 5916; 1930, § 2524; 1942, § 3374-44; Laws, 1950, ch. 491, § 44; Laws, 2004, ch. 320, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-23 - Duties of street commissioner

The street commissioner shall, under the direction of the mayor and board of aldermen, have general control of the streets, alleys, avenues, and sidewalks. He shall see that they are always in proper repair. He shall have the same worked, repaired, altered, paved, lighted, sprinkled, and everything else done that ought to be done to keep the same in good repair and condition, and shall perform all other duties that may be required of him by ordinance.
Codes, 1892, § 3000; 1906, § 3397; Hemingway's 1917, § 5925; 1930, § 2534; 1942, § 3374-45; Laws, 1950, ch. 491, § 45, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-25 - Chief administrative officer

(1)
Any municipality operating under a "Code Charter" as provided for in Chapter 3, Title 21, Mississippi Code of 1972, may through the mayor and board of aldermen, establish the position of chief administrative officer of the municipality.
(2)
The establishment of the position of chief administrative officer shall be by ordinance, and shall require a two-thirds (2/3) vote of the mayor and board of aldermen. Any action taken by the governing authorities to establish such office shall not be adopted within ninety (90) days prior to any regular general election for the election of municipal officers. The chief administrative officer shall be a full time employee of the municipality and shall serve at the discretion of the mayor and board of aldermen. He shall receive such compensation as the mayor and board of aldermen may determine, and shall be chosen solely on the basis of experience and administrative qualifications. The chief administrative officer may hold one (1) or more other appointive positions in the municipality. No person elected to the board of aldermen shall be eligible for the office of chief administrative officer during the term for which such person was elected.
(3)
The chief administrative officer shall have such administrative duties and functions as shall be delegated to him by the mayor and board of aldermen.
(4)
Following the adoption of an ordinance pursuant to this section, the position of chief administrative officer shall not be established until after the next general municipal election, at which time the first chief administrative officer will be appointed.
(5)
Members of the board of aldermen shall have no administrative powers or duties which are delegated by ordinance to the chief administrative officer.
Laws, 1976, ch. 327, eff. 4/22/1976.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-1 - Adoption of commission form of government

Any city may at any time, upon an election held as hereinafter provided, change the form of government of such city and adopt a commission form of government. It shall be the duty of the governing authorities of any such city to call a special election on the question of the adoption of the commission form of government upon receipt of a petition signed by at least ten per cent of the qualified electors of such city, praying that an election be held to determine whether or not such city shall abandon its existing form of government and adopt the commission form. Such special election shall be held in such city not less than thirty days, nor more than sixty days, from the date of making such order, but if a general election is to be held in such city within sixty days from the making of such order, then the question of the adoption of the commission form of government shall be submitted at such general election, rather than at a special election. Notice of such election shall be given as required by law, and the same shall be held and conducted as other elections in such city. At such election the propositions to be voted on shall be "FOR THE PRESENT FORM OF GOVERNMENT," and "FOR THE COMMISSION FORM OF GOVERNMENT." Such propositions shall be printed on the ballot and the elector shall vote by placing a cross (X) or check mark (TICK) opposite his choice on the proposition. The results of such election shall be certified to the governing authorities of the city by the persons holding such election, and at their next regular meeting the governing authorities shall adjudicate on the minutes of the city whether or not the majority of the votes cast at such election were cast in favor of the commission form of government. If a majority of the votes were so cast in favor of the commission form of government, then an order shall be entered providing for the election of officers provided for by this chapter at an election to be held on the first Tuesday after the first Monday of June next thereafter. The mayor or chief executive officer of the city shall immediately certify to the secretary of state that such city has by election adopted the commission form of government, and such certificate shall be recorded in a book kept for that purpose by the secretary of state. If a majority of the votes cast at such election be in favor of the existing form of government, the governing authorities shall so adjudicate by an order upon their minutes, and another election submitting the question of the adoption of the commission form of government shall not be held for a period of at least four years thereafter.
Codes, Hemingway's 1917, §§ 6038-6040; 1930, §§ 2626-2628; 1942, § 3374-47; Laws, 1912, ch. 120; Laws, 1950, ch. 491, § 47, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-5 - Election of mayor and councilmen; qualifications

The mayor and councilmen (or commissioners) of all cities operated under the commission form of government shall be elected from the city at large, but the municipal authorities may establish as many wards and as many voting precincts in each ward as may be necessary or desirable. No person shall be eligible to the office of mayor or councilman unless he is a qualified elector of such city and shall have been a bona fide resident thereof for a period of at least one year next preceding the date of the commencement of his term of office.
In the event the council should ordain that the councilmen posts shall be separated, as provided in Section
21-5-11
, such post shall be so separated for election purposes and persons seeking the office of councilman shall qualify and seek election for a specific post, as designated by ordinance, and each post shall be voted on separately by the qualified electors of the municipality voting in said election.
In the event there should be but one candidate for one of such election posts, or only one candidate for each of such posts, then such candidate or candidates shall be declared to be elected.
Codes, Hemingway's 1917, § 6041; 1930, § 2629; 1942, § 3374-55; Laws, 1912, ch. 120; Laws, 1924, ch. 199; Laws, 1928, ch. 184; Laws, 1932, ch. 219; Laws, 1940, ch. 286; Laws, 1950, ch. 491, § 55; Laws, 1958, ch. 521, § 2.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-7 - Powers and duties of mayor

The mayor shall be president of the council and preside at all meetings thereof, but he shall not have any power to veto any measure passed by the council. He shall have general supervision of all the affairs and departments of the city government and shall, from time to time, as occasion may demand, report in writing to the council any matters requiring its action. The council shall elect one of its members vice-president of the council, who, in case of a vacancy in the office of mayor, or in the absence or inability of the mayor, shall perform the duties of the mayor.
Codes, Hemingway's 1917, § 6050; 1930, § 2638; 1942, § 3374-52; Laws, 1912, ch. 120; Laws, 1950, ch. 491, § 52, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-9 - Powers and duties of council; surety bond of officers and employees

Except as limited by law, the council shall have, exercise, and perform all executive, legislative and judicial powers, duties and obligations bestowed upon governing authorities of municipalities by this title or by any other general law with regard to municipalities, except in cases of conflict between such laws and this chapter, in which case this chapter shall control. The council shall also have the power, from time to time, to create, fill or discontinue any and all offices and employments other than those created in this chapter; to increase or decrease the emoluments thereof; to make all needful rules and regulations for the government of the officers and employees of such city and to enforce a strict observance thereof, and to change the same when deemed necessary; to remove any officer or employee elected or appointed by the council, except as limited by law, and to elect or appoint a successor; to issue and sell the bonds or other obligations of such city in the amounts and in the manner provided by law; and generally to enact and enforce all ordinances and resolutions, and to make and perform all contracts for and on behalf of such city, as may be authorized by law or by the charter of such city.
The council shall also require all officers and employees handling or having the custody of any of the public funds of such city 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 Ten Thousand Dollars ($10,000.00)), the premiums on which bonds shall be paid by the city.
Codes, Hemingway's 1917, § 6051; 1930, § 2639; 1942, § 3374-53; Laws, 1912, ch. 120; Laws, 1950, ch. 491, § 53; Laws, 1986, ch. 458, § 23; Laws, 1988, ch. 488, § 3, eff. 4/30/1988.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-11 - Organization of municipal departments

The executive and administrative powers and duties in such cities shall be distributed into and among as many departments as there shall be members of the council, to be defined and designated by ordinance. The council shall, by ordinance, determine the powers and duties to be exercised and performed by each department, and shall assign the various officers and employees of the city to the appropriate department. The council shall prescribe the powers and duties of such officers and employees and make all such rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the city. The council shall, by a majority vote, designate one member of the council to be superintendent of each department of the municipal government, and shall define his powers and duties as such superintendent. Such designation may be changed whenever it shall appear that the public service may be benefited thereby unless the councilmen had been elected to head the department as hereinafter provided.
The council may, by ordinance, provide that the commissioners be designated by Post No. 1 and Post No. 2, and by ordinance define the duties which shall be performed by the commissioners elected to each post.
In the event a city with the population in excess of one hundred thousand (100,000) inhabitants or more according to the last decennial census and being governed by the commission form of government shall elect pursuant to Section
21-5-3
, Mississippi Code of 1972, to have additional councilmen, the council may, by ordinance, provide that the councilmen or commissioners be designated by post numbers, said posts to be numbered consecutively from one (1) upward, and by ordinance define the duties which shall be performed by the commissioners elected to each post.
Codes, Hemingway's 1917, § 6052; 1930, § 2640; 1942, § 3374-54; Laws, 1912, ch. 120; Laws, 1950, ch. 491, § 54; Laws, 1958, ch. 521, § 1; Laws, 1973, ch. 328, § 27, eff. 1/1/1974.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-13 - Meetings of council; quorum; voting

(1)
Regular public meetings of the council shall be held on the first day of July after the election of the mayor and councilmen (or commissioners) that is not on a weekend, and thereafter at least twice each month, at such time as the council may by resolution 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 by two (2) councilmen. At any and all meetings of the council, a majority of all 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 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 for 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.
(2)
The council may, pursuant to Section
21-17-17
, set a day other than Monday for the holding of its regular bimonthly meeting.
Codes, Hemingway's 1917, § 6049; 1930, § 2637; 1942, § 3374-51; Laws, 1912, ch. 120; Laws, 1950, ch. 491, § 51; Laws, 1973, ch. 324, § 2; Laws, 1979, ch. 403, § 3; Laws, 1987, ch. 503, § 1; Laws, 2010, ch. 319, § 4; Laws, 2012, ch. 442, § 3, 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, 3, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-15 - Fixing of salaries

At the first regular meeting of the council that is first elected, or as soon thereafter as practicable, the council shall, by ordinance, fix the salary of the mayor and each of the councilmen (or commissioners), which ordinance shall not become operative until the same shall have been approved by a majority of the qualified electors voting at an election to be held for that purpose, as provided by this section. Said ordinance shall be published in a newspaper published in said city, and having a general circulation therein, for at least ten days before such election, and notice of the date of such election shall be given by the council for ten days by publication in a newspaper published in such city, and having general circulation therein. In case such ordinance shall be rejected by the electors at such election, then a new ordinance, or ordinances, may be passed by the council and submitted to the electors in like manner, until the same shall have been ratified by the electors. When an ordinance so fixing the salaries shall have been finally adopted and approved, the salaries so fixed shall remain in effect until altered or changed in the manner hereinafter provided.
To reduce the salary so fixed it shall be sufficient that the council adopt an ordinance to that effect, which ordinance shall become effective upon adoption without the necessity of publication or of an election. To increase the salary so fixed, an ordinance shall be duly adopted, by the council, which ordinance shall be published for ten days in a newspaper published or having a general circulation in such city, and the ordinance shall not become effective until it shall have been approved by a majority of the qualified electors of such city voting at an election to be held for that purpose after notice of such election shall have been given by the council for ten days by publication in a newspaper published in such city or having a general circulation therein, the last notice to appear not more than one week next prior to the date of the election.
Every officer or assistant, other than the mayor and councilmen, shall receive such salary or compensation as the council shall by ordinance provide. The salary or compensation of all other employees of such city shall be fixed by the council from time to time, as occasion may demand.
Codes, Hemingway's 1917, § 6046; 1930, § 2634; 1942, § 3374-49; Laws, 1912, ch. 120; Laws, 1932, ch. 224; Laws, 1950, ch. 491, § 49; Laws, 1954, ch. 346, § 1.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-17 - Office hours of mayor and councilmen

The mayor and councilmen (or commissioners) shall have an office in the city hall, and shall have regular office hours each day, except Sundays and legal holidays, which said office hours shall be fixed by ordinance.
It shall be the duty of the mayor and councilmen to efficiently and economically administer every department of the city government, and they shall devote as much of their time to the business of the city as shall be necessary to accomplish that result. The council shall, by resolution, fix the hours of service of all other officers and employees.
Codes, Hemingway's 1917, § 6048; 1930, § 2636; 1942, § 3374-50; Laws, 1912, ch. 120; Laws, 1950, ch. 491, § 50, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-19 - Existing laws, rights and liabilities of city unaffected by reorganization

All laws governing cities heretofore operating under another form of government not inconsistent with the provisions of this chapter respecting the commission form of government shall apply to and govern such cities respectively when they shall come under the said commission form. All bylaws, ordinances, and resolutions lawfully passed and in force in every such city under its former organization, shall remain in force until altered or repealed by the council elected under the provisions of this chapter. The territorial limits of every such city shall remain the same as under its former organization, and all rights and property of every description, which were vested in every such city, under its former organization, shall vest in the same under the organization contemplated by the commission form of government. No right or liability, either in favor of or against such city, and no suit or prosecution of any kind shall be affected by such change, unless otherwise provided.
Codes, Hemingway's 1917, § 6059; 1930, § 2647; 1942, § 3374-56; Laws, 1912, ch. 120; Laws, 1950, ch. 491, § 56, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-21 - Election offenses

Any officer or employee other than the mayor and councilmen (or commissioners) of any such city who shall solicit or attempt to influence any person to vote for any particular candidate at any election held in such city, or who shall in any manner contribute any money, labor or other valuable thing to any person or organization for election purposes, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment.
Codes, Hemingway's 1917, § 6061; 1930, § 2649; 1942, § 3374-57; Laws, 1912, ch. 120; Laws, 1950, ch. 491, § 57 eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 5 - COMMISSION FORM OF GOVERNMENT (§§ 21-5-1 — 21-5-23) › Section 21-5-23 - Commission form Laws of 1908 not repealed

Nothing in this chapter shall be construed in any way to affect, alter or modify the existence of municipalities now operating under Chapter 108 of the Laws of 1908. Such municipalities shall continue to enjoy the form of government now enjoyed by them, and each shall be possessed of all rights, powers, privileges and immunities granted and conferred by Chapter 108 of the Laws of 1908. The mayor and commissioners of all municipalities now operating under Chapter 108 of the Laws of 1908 shall hold their offices for a term of four (4) years, and until their successors are duly elected and qualified. The officers shall qualify and enter upon the discharge of their duties on the first day of July after such general election that is not on a weekend, and shall hold their office for four (4) years, and until their successors are duly elected and qualified.
Codes, 1930, § 2656; 1942, § 3374-58; Laws, 1932, ch. 219; Laws, 1950, ch. 491, § 58; Laws, 2010, ch. 319, § 1, eff. 7/22/2010 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 7 - COUNCIL FORM OF GOVERNMENT (§§ 21-7-1 — 21-7-19) › Section 21-7-1 - Adoption of council form by certain municipalities authorized

Notwithstanding anything to the contrary in this title any municipality in this state having a population, according to the 1940 official federal census exceeding 8,000, but not exceeding 9,600, and operating under "code charter" as defined by chapter 3 of this title, may as hereinafter set forth, change its form of government to a plan of government hereby designated as the "council form" in order to place in the council of any municipality, operating under such form, full and complete executive and legislative powers over its entire municipal affairs.
Codes, 1942, § 3825.7-01; Laws, 1948, ch. 382, § 1.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 7 - COUNCIL FORM OF GOVERNMENT (§§ 21-7-1 — 21-7-19) › Section 21-7-3 - Applicability of "code charter" provisions

All of the provisions of law applicable to municipalities operating under "code charter" as aforesaid, which are not inconsistent with the provisions of this chapter, shall apply fully to the form of government to be established hereunder. However, such cities coming under the council form shall not be included in those classes of cities set forth in Section
21-29-151
, unless and until the council shall have adopted a resolution setting forth their intention to come under Sections
21-29-101
through
21-29-151
. All provisions of law vesting rights, privileges and powers in and charging with duties the mayor and/or board of aldermen are hereby specifically vested in the council of municipalities which shall operate under the provisions of this chapter.
Codes, 1942, §§ 3825.7-02, 3825.7-09; Laws, 1948, ch. 382, §§ 2, 9.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 7 - COUNCIL FORM OF GOVERNMENT (§§ 21-7-1 — 21-7-19) › Section 21-7-7 - Members of the council; their election and compensation

The governing body of any such municipality shall be a council, known and designated as such, consisting of seven members. One of the members shall be the mayor, having the qualifications as prescribed by Section
21-3-9
, who shall have full rights, powers and privileges of other councilmen. The mayor shall be nominated and elected at large; the remaining councilmen shall be nominated and elected one from each ward into which the city shall be divided. However, if the city be divided into less than six wards, the remaining councilmen shall be nominated and elected at large. The councilmen, including the mayor, shall be elected for a term of four years to serve until their successors are elected and qualified in accordance with the provisions of Section
21-11-7
, said term commencing on the first Monday of January after the municipal election first following the adoption of the form of government as provided by this chapter.
The compensation for the members of the council shall, for the first four years of operation, under this chapter, be fixed by the board of mayor and aldermen holding office prior to the change in form of government. Thereafter the amount of compensation for each such member may be increased or decreased by the council, by council action taken prior to the election of members thereof for the ensuing term, such action to become effective with the ensuing terms.
Codes, 1942, § 3825.7-03; Laws, 1948, ch. 382, § 3.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 7 - COUNCIL FORM OF GOVERNMENT (§§ 21-7-1 — 21-7-19) › Section 21-7-9 - Meetings of council; quorum; voting

(1)
Regular public meetings of the council shall be held on the first Tuesday after the first Monday in January after the election of the members of the council and monthly thereafter on the first Tuesday in each month. When a regular meeting of the council shall fall upon a holiday, the council shall meet the following day. Special meetings may be called at any time by the mayor or by three (3) members of the council. At any and all meetings of the council, five (5) 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 the members of the quorum at any meeting shall be necessary to adopt any motion, resolution, or ordinance or to pass any measure whatever unless otherwise 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.
(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, § 3825.7-04; Laws, 1948, ch. 382, § 4; Laws, 1973, ch. 324, § 4; Laws, 1979, ch. 403, § 4; Laws, 1987, ch. 503, § 2; Laws, 2012, ch. 442, § 4, 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, 4, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 7 - COUNCIL FORM OF GOVERNMENT (§§ 21-7-1 — 21-7-19) › Section 21-7-11 - Powers of council; surety bond of officers and employees

The full and complete executive and legislative powers of the municipality as vested by law, or inherent, shall be vested in such council. The council, however, may delegate such of its administrative functions as it deems proper and necessary to such officials so elected by it as provided in Section
21-7-15
, and in addition may delegate administrative powers and functions to such other person or persons as may be selected by said council in order to carry out its functions, whether municipal or proprietary, which would permit the efficient administration of its municipal affairs. Said council has the right to select, appoint or designate departmental heads, such as but not limited to superintendent of utilities, superintendent of public health and sanitation, superintendent of fire and safety, superintendent of parks and recreation, superintendent of public buildings and grounds, and such other departmental heads as the council may deem best and proper. Said council has the power to fix the compensation of all such persons so selected and to define their duties, obligations and responsibilities. The council shall also require all officers and employees handling or having the custody of any public funds of such city 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 Ten Thousand Dollars ($10,000.00)). Any and all such persons so selected shall be accountable to the council and shall make report, or reports, to the council so often as is required of them respectively, and may be removed at any time for cause after first having been given an opportunity for a hearing on the reasons for removal. No member of the council shall be eligible for selection to any such office or position.
Codes, 1942, § 3825.7-07; Laws, 1948, ch. 382 § 7; Laws, 1986, ch. 458, § 24; Laws, 1988, ch. 488, § 4, eff. 4/30/1988.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 7 - COUNCIL FORM OF GOVERNMENT (§§ 21-7-1 — 21-7-19) › Section 21-7-13 - Powers and duties of mayor

The powers and duties heretofore conferred upon the mayor of municipalities by law are hereby conferred upon and charged to the council. The mayor, or in his absence the vice-mayor, shall (a) as chairman preside at all meetings of the council, and shall have veto power, in writing, giving his reasons therefor, of any measure passed by the council, although a measure vetoed may be adopted notwithstanding, if two-thirds of the council vote therefor; (b) represent the municipality in all functions political, social or economic, but he shall in no wise bind the municipality, other than as he may be specifically authorized or delegated to do by the council, as reflected by its orders, resolutions or ordinances; (c) execute for and on behalf of the council, all documents or instruments of writing, of whatever kind and character, under the seal of the municipality, when necessary or required; and (d) act for the municipality as directed by the council, in any manner and for any purpose which by any statute or law, because of its particular wording or meaning, provides for individual action of the mayor rather than body action of the council, wherein and whereby such right of action could not be properly or consistently exercised by the latter, all to the end that any such municipality coming under the provisions of this chapter shall not be denied any of the rights and privileges which any such municipality would enjoy except for the provisions of this chapter. The council shall fix the amount of compensation of the mayor and vice-mayor, for their additional duties as such, which compensation shall be in addition to their compensation as councilmen.
Codes, 1942, § 3825.7-05; Laws, 1948, ch. 382, § 5.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 7 - COUNCIL FORM OF GOVERNMENT (§§ 21-7-1 — 21-7-19) › Section 21-7-15 - Election of vice-mayor and other officers; duties

The members of the council shall from their membership elect a vice-mayor who shall have the powers and duties as prescribed by this chapter. The members of the council by a majority vote of its entire membership shall elect from time to time, to serve during its pleasure, persons, residents of said municipality, but not from among its membership, who shall be designated and have official status as (a) clerk, (b) one or more deputy clerks, (c) marshal, (d) street commissioner, (e) tax collector, (f) tax assessor, (g) treasurer, (h) police justice pro tempore, and (i) city attorney. The office of marshal, police justice pro tempore, and city attorney shall not be consolidated with any other office but such other designated offices may be consolidated in whole or in part. Such officials so elected shall be amenable to the council and their compensation shall be fixed by said council and each may be required to enter into such bond for the faithful discharge of their duties as the council deems necessary. Such selected officials may be removed by the council at any time for cause after first having been given an opportunity for a hearing on the reasons for removal. The duties of the clerk shall be those prescribed by Sections
21-15-17
,
21-15-19
,
21-23-11
, and
21-39-7
. The duties of the deputy clerk, or clerks, shall be those vested in the clerk, as aforesaid, but who shall act in the name of the clerk. The duties of the marshal shall be those as prescribed by Section
21-21-1
. The duties of the street commissioner shall be those as prescribed by Section
21-3-23
. The duties of the tax collector shall be those as prescribed by Section
21-33-53
. The duties of the tax assessor shall be those applicable to such office under this title. The duties of the treasurer shall be those as prescribed by Section
21-39-19
. In addition to the foregoing duties the council may confer upon such appointed officials respectively, other than to the police justice pro tempore, additional duties as the council may prescribe.
The police justice shall be nominated and elected at large and he, together with the police justice pro tempore as appointed, shall meet the qualifications as prescribed by Chapter 23 of this title, and shall perform such duties and have such powers as vested by this title.
Codes, 1942, § 3825.7-06; Laws, 1948, ch. 382, § 6.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 7 - COUNCIL FORM OF GOVERNMENT (§§ 21-7-1 — 21-7-19) › Section 21-7-17 - Existing law, rights and liabilities of city unaffected by reorganization

All by-laws, ordinances, and resolutions lawfully passed and in force in every city heretofore operating under code charter, which changes its form of government to council form under the provisions of this chapter, shall remain in force until altered or repealed by the council elected under the provisions thereof. The territorial limits of every such city shall not be affected by the change, and all rights and property of every description, which were vested in every such city, under its former organization, shall vest in the same under the organization contemplated by council form of government, and no right or liability, either in favor or against such city, and no suit or prosecution of any kind shall be affected by such change, unless otherwise provided.
Codes, 1942, § 3825.7-09; Laws, 1948, ch. 382, § 9.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 7 - COUNCIL FORM OF GOVERNMENT (§§ 21-7-1 — 21-7-19) › Section 21-7-19 - Chapter cumulative to other laws

It is not intended by this chapter to amend or repeal any existing laws by the provisions hereof, but this chapter shall be cumulative and in addition to any laws in force.
Codes, 1942, § 3825.7-10; Laws, 1948, ch. 382, § 10.
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 21-8-1 - Adoption of mayor-council form authorized

Any municipality, regardless of the form of government under which it is operating, may adopt the mayor-council form of government, as hereinafter provided, by the procedure hereinafter set forth.
Laws, 1973, ch. 328, § 1; Laws, 1976, ch. 355, § 1, 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 21-8-5 - Conduct of election; certification of results

(1)
All elections held for the adoption of the mayor-council form of government shall be held and conducted in accordance with the general laws for the holding of municipal elections.
(2)
As soon as the returns of any election held hereunder for the adoption of the mayor-council form have been certified, and if a majority of the votes cast at such election were in favor of the mayor-council form of government, the mayor of such municipality shall immediately certify to the secretary of state that such municipality, by special election, has adopted the mayor-council form of government provided for herein, which certificate shall be recorded in a book kept for that purpose by the secretary of state.
Laws, 1973, ch. 328, § 3; Laws, 1976, ch. 355, § 3, 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 21-8-9 - Council to exercise legislative power

The legislative power of the municipality shall be exercised by the municipal council, except as may be otherwise provided by general law.
Laws, 1973, ch. 328, § 5, 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 21-8-11 - Council officers; meetings; quorum; voting; council members shall not serve as members of commissions or boards under their control

(1)
During the first council meeting of a new council, the council shall elect one (1) member as president of the council and one (1) of its other members as vice president, both of whom shall serve at the pleasure of the council. The president shall preside at all council meetings. In the event of the president's absence or disability, the vice president shall act as president. In the event of the absence of the president and vice president, a presiding officer shall be designated by majority vote of the council to serve during such meeting. All councilmen, including the president, shall have the right to vote in the council at all times, even when serving as acting mayor.
(2)
Regular public meetings of the council shall be held on the first Tuesday after the first day of July after the election of the members of the council that is not on a weekend and at least monthly thereafter on the first Tuesday after the first Monday in each month, or at such other times as the council by order may set. Special meetings may be called at any time by the mayor or a majority of the members of the council. At any and all meetings of the council, a majority of the members thereof shall constitute a quorum and the affirmative vote of a majority of the quorum at any meeting shall be necessary to adopt any motion, resolution or ordinance, or to pass any measure whatever unless otherwise provided in this chapter. The quorum required by this section may be established by teleconference or video means as provided in Section
25-41-5(2)
. Upon every vote taken by the council, the yeas and nays shall be 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.
(3)
No councilman shall be a member of any commission or board appointed or designated herein, or serve as a member of any commission or board under their jurisdiction except as otherwise provided by law.
Laws, 1973, ch. 328, § 6; Laws, 1976, ch. 355, § 5; Laws, 1987, ch. 503, § 3; Laws, 2010, ch. 319, § 5; Laws, 2012, ch. 442, § 5, 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, 5, 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 21-8-13 - General powers and duties of council

(1)
The council shall appoint a clerk of the council and deputy clerks, as necessary, who shall compile the minutes and records of its proceedings, its ordinances and resolutions as this chapter requires, and perform such duties as may be required by law.
(2)
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 municipality to be made by a competent, independent accountant or accountants who shall be appointed by the council, and the report of said examination shall be typed or printed in pamphlet form. The council shall make available a copy of said pamphlet to all persons who shall apply therefor at the office of the municipal clerk and shall cause three (3) of the printed copies of said pamphlet for each fiscal year to be substantially bound in three (3) 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.
(3)
If, at the beginning of the first term of office of the first city council elected by any municipality under the provisions of this chapter, the appropriations for the expenditures for the municipal government for the current fiscal year shall have been made, the council shall have power by ordinance, to revise, repeal or change said appropriations and to make additional appropriations.
(4)
The authority of the council is otherwise legislative and is executed by a vote within a legally called meeting. No member of the council shall give orders to any employee or subordinate of a municipality other than the council member's personal staff. The council shall deal with the municipal departments and personnel solely through the mayor.
Laws, 1973, ch. 328, § 7; Laws, 1976, ch. 355, § 6; Laws, 1987, ch. 509, § 2; Laws, 1991, ch. 394, § 1; Laws, 1991, ch. 552, § 1; Laws, 2006, ch. 333, § 2, 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 21-8-15 - Mayor to exercise executive power

The executive power of the municipality shall be exercised by the mayor, and the mayor shall have the superintending control of all the officers and affairs of the municipality, and shall take care that the laws and ordinances are executed.
Laws, 1973, ch. 328, § 8; Laws, 2006, ch. 333, § 3, eff. 7/1/2006.