An Overview of Municipal Organization

1. An Overview of Municipal Organization Certified Municipal Official Training Course Mississippi Municipal League Stennis Institute of Government

2. John C. Stennis Institute of Government and Community Development • P. Edward French, Ph.D., Professor and Interim Director, Stennis Institute • Department of Political Science and Public Administration • Mississippi State University • (662) 325-3328 • http://www.sig.misstate.edu

3. Sources Municipal Government in Mississippi. 2nd Edition, Revised and Expanded. P.C. McLaurin, Editor. Center for Governmental Technology, Mississippi State University Extension Service. Pem@ext.msstate.edu / (662) 325-3142 Official Opinions of the Office of the Attorney General http://www.ago.state.ms.us Title 21, Mississippi Code of 1972 as Annotated. http://www.sos.state.ms.us Managing America’s Small Communities by D.H. Folz & P. Edward French, Rowman and Littlefield, Publishers, 2005.

4. U.S. Local Governments

5. Cities and Towns in Mississippi Today census data shows that Mississippi contains a far greater percentage of small cities compared to large ones. Of the 297 cities in Mississippi, 286 (96%) are classified as small and the remaining 11 (4 %) were by definition large.

6. In Mississippi, Cities have populations of 2,000 or greater. Of the 11 large cities, only three (3) exceed 50,000 residents. In fact, only 88 cities in Mississippi have populations of 2,500 or more and 140 have fewer than 1,000. The State total population is a little less than 3 million.

7. Municipal Organization Overview of the history and nature of the municipal corporation Overview of the primary forms of municipal government Private charter Code charter Mayor/Council Council/Manager Related Issues Questions and Answers from the Opinions of the Attorney General

8. History and Nature of the Municipal Corporation All municipalities within the state are divided into three categories by population Population greater than or equal to 2,000: City Population less than 2,000 but equal to or more than 300: Town Population less than 300: Village The most recent Census governs the classification, and the governing authorities (in the case of a category change) must pass an ordinance to that effect and file it with the Secretary of State Villages may no longer incorporate.

9. History and Nature ofthe Municipal Corporation To incorporate as a municipal corporation: • One square mile of territory • Population of at least 300 • At least one mile of hard surface streets (or under construction) • At least six streets made up of the streets in (c) • A public utilities water system, existing or under construction • The grant of a petition of incorporation filed in Chancery Court. All existing municipalities within three miles of the area to be incorporate must be served process as to the incorporation proceedings.

10. History and Nature ofthe Municipal Corporation Municipal corporations may annex additional territory, or may de-annex territory, based upon the determination of the appropriateness of the request in Chancery Court. Municipalities may combine if they are (a) adjacent, (b) the governing authorities of both existing municipalities agree, and (c) a chancellor finds the petition reasonable in Chancery Court. Municipalities are automatically abolished if its population drops below 50 persons according to the latest census, or if it does not hold official meetings for twelve consecutive months, or fails to hold elections for two consecutive elections. Municipalities may be voluntarily abolished by petition in Chancery Court.

11. Forms of Government The first city to incorporate in Mississippi was in 1803 and historically the number of municipalities has been around 300 for a while. (297 to be exact) The nature of the municipal corporation: Municipal power descends from the Mississippi Constitution of 1890, the Legislature, and subsequent acts of state law. “Municipal corporations are now, as they have always been in this state, purely creatures of the legislative will; governed, and the extent of their powers limited, by express grants; invested, for purposes of public convenience, with certain expressed delegations of governmental power; their granted powers subject at all times to be enlarged or diminished, having no vested rights in their charters, which are subject at all times to amendment, modification, or repeal; their powers, their rights, their corporate existence, dependent entirely upon legislative discretion, acting as it may deem best for the public good.” Adams v. Kuykendall, 35 So. 830, 83 Miss. 571 (1904)

12. History and Nature ofthe Municipal Corporation This oft-quoted paragraph from a case tried before the Mississippi Supreme Court, points out a major difference between Mississippi municipalities and many of those in other states: The issue of home rule vs. Dillon’s rule. Dillon’s rule, named for Judge John F. Dillon of the Iowa State Supreme Court, holds that municipalities are ‘creations of the Legislature’, and the Legislature ‘has absolute power over municipalities.’ A more modern approach to municipal government (and indeed, county government) is the idea of home rule for local units of government. Home rule, per se, is in opposition to the concept of Dillon’s rule. Most states are slowly moving more and more toward implementation of true home rule.

13. History and Nature ofthe Municipal Corporation Home rule is the concept that local government, as the primary instrument of the state directly responsible to the people, should be free to have as much freedom and flexibility in handling their own internal affairs and actions as may be necessary to fulfill their function. The state of municipal home rule in Mississippi is constantly being explored, with no true indication of how the courts may view the limited home rule provisions already provided for in statute. No state Supreme Court case has yet directly addressed the length and breadth of municipal home rule, although several have touched on the subject tangentially.

14. History and Nature ofthe Municipal Corporation In 1985, the Legislature implemented a municipal home rule statute, giving municipalities some expressed powers, and denying others. In addition, since that time, hundreds of local and private acts have passed the Legislature, giving some cities powers that others do not enjoy. The Municipal Home Rule Statute is found in MCA 21-17-5 and provides, in brief: “The governing authorities… shall have the care, management and control of the municipal affairs and its property and finances. …In addition to those powers granted by specific provision of general law, the governing authorities shall have the power to adopt any orders, resolutions or ordinances with respect to such municipal affairs…which are not inconsistent with…the Constitution, the…Code, or any other statute or law of the State of Mississippi.”

15. History and Nature ofthe Municipal Corporation Municipal home rule has never been completely defined to the satisfaction of many municipal (or legislative) leaders. Over the years, many municipalities have sought opinions from the AG’s office on the subject of what may be acceptable under the ‘home rule’ provision. Historically, the AG’s office has taken the opinion that if a state statute has addressed a subject, municipalities may not act to further refine the statement of the Legislature, unless expressly given the right to do so. The pre-emptive principle – state law outranks municipal ordinance – has substantially ‘weakened’ municipal home rule within the state.

16. History and Nature ofthe Municipal Corporation The Supreme Court has only addressed home rule in tangential ways, and many feel that their rulings on these issues may indicate that they would favor a less restrictive application of the municipal home rule statute. In one instance, in a case involving an ordinance regulating “brown-bagging”, they found for the city, but did so mainly by a very restrictive reading of the existing statute: because the statute didn’t include the word “consume” but only “possession” of alcoholic beverages, the Court concluded the ordinance, based on the principle of home rule, valid. In another case, over the appointment of the City Attorney in a mayor/council form, the Court ruled that a City ordinance requiring council confirmation of the appointment, to be valid, primarily because it was a valid City Ordinance that did not substantially change the nature of City Government. In a case involving potentially illegal donations made by the City to a variety of civic organizations, the Court upheld the State Auditor’s exception report, but did so mainly because the authorizing orders for those donations had not been properly entered into the minutes. The Court did not address the City’s assertion that the donations were permissible under home rule.

17. History and Nature ofthe Municipal Corporation The basic power of a municipality originally rested in its charter; historically, all cities were endowed by the Legislature with a ‘special charter’ that defined the makeup and function of the City. With the adoption of the 1890 Constitution, and subsequent statutes in 1892, the Legislature implemented “city charters” that were outlined in state law, sometimes called “code charters” New municipalities forming after this date (1892) were organized according to the “code charters”; existing ones were allowed to choose the new “code charter” or remain with their existing “private charter.”

18. History and Nature ofthe Municipal Corporation The concepts of “code charter” and “private charter” have become somewhat confusing in recent years. In one sense, a city either has a private charter or a code charter (ie: a charter derived from the Mississippi Code). What is confusing is that the first type of “code charter” available to Cities and outlined in the Mississippi Code is indeed called “code charter” Other forms include “Mayor/Council”, “Council/Manager”, “Commission”, “Council”. In this list, the “Code Charter” form refers to what some call the “Mayor/Alderman” form.

19. History and Nature ofthe Municipal Corporation The first municipalities incorporated within the state was in 1803, since that date, over 300 have been incorporated or dissolved, with approximately 296 in operation today. Twenty three municipalities have elected to retain their special charters. This presentation focuses on “Code Charter”, “Mayor/Board of Alderman”, “Mayor/Council”, and “Council/Manager”. The “Council Form” is only applicable to the City of Tupelo because of stringent population requirements based on the 1940 Census. Tupelo has since moved to the mayor/council form, so the “Council Form” is essentially meaningless. The “Commission Form” is closest to that used in Clarksdale and Vicksburg, although both are technical “special charters”.

20. Code Charter FormorMayor/Board of AldermanForm of Government:An Overview

21. Code Charter Form The code charter form is used by approximately 95% of Mississippi municipalities, and is sometimes called the “weak mayor” form, due to the interaction between the Mayor and the members of the Board, as a group.

22. Elected and Appointed Officers • Mayor • Aldermen (5 (<10,000) / 7 (>=10,000)) • Chief of Police ** • Tax Collector ** • Tax Assessor ** • Town Clerk ** • Street Commissioner** • Such other officers and employees as may be necessary • These offices may be combined • ** may be elected or appointed positions

23. Elected and Appointed Officers • Mayor • Selected from the entire municipality • Aldermen (5 (<10,000) / 7 (>=10,000)) • If 5 aldermen, all five maybe elected at large, or 1 may be elected at large and four from wards • If 7 aldermen, 6 are elected from wards and one is elected at large • Expect in private charters, the election is held on the first Tuesday after the first Monday of June, in 1985 and every four years thereafter. • If and alderman moves from his ward, or the mayor or alderman-at-large move from the city, their office is automatically vacated.

24. The Governing Authorities: The Mayor and Board of Aldermen • Prescribe duties and fix the compensation for all employees • Municipal employees hold office at the pleasure of the governing authorities. (Employees may be discharged at any time with or without cause.) • Employees may be appointed to two or more offices.

25. The Governing Authorities: The Mayor and Board of Aldermen • Municipal Clerk serves as Treasurer of the municipality. • All city employees handling money must be bonded. • The terms of office of department heads or other city employees expire at the expiration of the terms of the governing authorities (but carry over until the vote is taken).

26. The Board of Aldermen • If an Aldermen moves outside his or her Ward, his or her office is automatically vacated . • The Board of Aldermen shall elect a Mayor Pro Tempore to serve in the absence or disability of the Mayor.

27. Duties and Responsibilities of the Mayor • Preside at all meetings of the Board of Aldermen • Vote in the case of ties. • Provide superintending control of all the departmental officers and general affairs of the municipality. • Take care that all ordinances are faithfully executed.

28. The Adoption Ordinances • Ordinances, resolutions and orders adopted by the Board of Aldermen shall be submitted to the Mayor. • The Mayor has ten days to either sign the ordinance or return it to the Board by delivering it to the City Clerk with a written statement of objection.

29. The Adoption Ordinances • If the Mayor fails to return the ordinance by the next meeting or within fifteen (15) days, the ordinance is automatically approved. • The Board may override the Mayoral veto by a two-thirds vote.

30. Commissions and Appointments • The Mayor shall sign the commissions and appointments of all officers elected and appointed by the Mayor and Board of Aldermen. • Commissions and Appointments are attested by the Clerk. • If the Mayor of Clerk refuse or neglect their responsibilities in this regard, the validity of the acts of any such officer acting without a commission shall not be affected when the minutes show the appointment was regularly made by the Board.

31. Meetings and Recess Meetings of the Board of Aldermen • Mayor and Board shall hold regular meetings on the first Tuesday of each month. • Meetings must be at a place and time fixed by ordinance. • The Mayor and Board may add a second monthly meeting fixed by ordinance not less than two nor more than three weeks from the first regular meeting. • Meetings are covered under Open Meetings Act.

32. Meetings and Recess Meetings of the Board of Aldermen • The Mayor and Board may recess a meeting until a time fixed by an order of the Mayor and Board, and entered on the minutes. • A majority of all Aldermen is required for the transaction of business.

33. Special Meetings • The Mayor or any two Aldermen may, by written notice, call a special meeting. • The notice for a special meeting must contain the time and place of the meeting and must contain the specific business to be discussed. • The notice must be signed by the officers calling the meeting.

34. Special Meetings • The notice must be served by the Police Department to any members not signing the original notice, who may be found at least three hours before the time fixed for the meeting. • Business not specified in the notice of the meeting shall not be transacted at the meeting. • There is no pay for attending special meetings.

35. Street Commissioner • A street commissioner can be appointed under this form, who would then operate under the direction of the Mayor and the Board of Aldermen. • The duties of the Street Commissioner are to see that the streets, alleys, avenues and sidewalks of the municipality are always in proper order.

36. Chief Administrative Officer • By a two-thirds vote of the Mayor and Board, the position of the Chief Administrative Officer may be established. • This action may not be adopted within 90 days of a regular general election. • The CAO may hold one of more appointive positions in the municipality. • The position is not established until after the next regular general election.

37. Comments • The Mayor/Board of Aldermen form is somewhat like the Board of Supervisors found at the county level; the Mayor and individual members of the Board have limited authority by themselves, but complete control over municipal affairs when acting as a body.

38. Comments • As the population of a municipality increases, the code charter (or weak mayor) form becomes increasingly more difficult; the majority of all heavily populated municipalities within the state use the Mayor/Council form. • This form, while well suited for smaller municipalities, may not work well for more populated cities.

39. The Mayor/Council Form of Government: An Overview

40. Mayor/Council Form • The Mayor/Council form is sometimes known as the strong-mayor form; and is used by the majority of all of the larger cities within the state. • The Mayor/Council form separates administrative (executive) and legislative authority. • The Mayor is tasked with all executive responsibilities, while the Council is tasked with Legislative.

41. Mayor/Council Form • The Mayor is elected from the City at large • The Council may consist of: • Five members (either five from wards or four from wards and one at large) • Seven members (either seven from wards or five from wards and two at large) • Nine members (either nine from wards or seven from wards and two at large)

42. Duties and Responsibilities of the Mayor • Enforce charter ordinances and all applicable general laws. • Supervise all departments • Require all departments to make annual reports and/or other reports as necessary. • Appoint department heads, and members of municipal boards, authorities and commissions, with advice and consent of the Council.

43. Duties and Responsibilities of the Mayor • Oversee city departments and their directors, who serve at the will and pleasure of the Mayor. Subordinate departmental employees may be dismissed by their respective department heads, with the approval of the Mayor.

44. Duties and Responsibilities of the Mayor • Attend Council meetings, take part in Council discussions and make recommendations to the Council. The Mayor may not vote on an issue other than in the case of a tie.

45. Duties and Responsibilities of the Mayor • Review all ordinances, resolutions, orders and other official actions of the Council (excluding procedural actions, the appointment of the clerk of council, or actions exercising the Council’s investigative authority.) • May veto ordinances adopted by the Council.

46. Duties and Responsibilities of the Council • Elect one member to serve as President, and one member to serve as Vice-President of the Council. • Appoint Clerk of Council and Deputy Clerks of Council. • Appoint Acting Mayor when the Mayor neglects to do so.

47. Duties and Responsibilities of the Council • Establish a Department of Administration and all other such Departments. • Allocate all administrative powers, functions and duties among and within the various Departments. • Confirm Mayoral appointees to the position of Department Heads of the various Departments.

48. Duties and Responsibilities of the Council • At the will of the Council, adopt an ordinance creating the position of Chief Administrative Officer and establishing the qualifications for the position. • Confirm Mayoral nominations for the position of Chief Administrative Officer.

49. Duties and Responsibilities of the Council • Set the salary of all Councilmen, the Mayor, and other municipal employees. • Redistrict the municipality after each decennial Census and/or annexation. • Require the performance of an annual audit. • Appropriate money for the operation of the government.

50. Duties and Responsibilities of the Council • Investigate the conduct of any department, office of agency of the municipality, and at the Council’s discretion, require sworn statements from any municipal officer or employee. • Override a Mayoral veto of an ordinance previously approved by the Council, upon a two-thirds vote.