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Type: Posts; User: Sharon Thomas

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  1. The cameras are patented technology, and only one company is authorized to open the cameras and install a wireless network. Can this be done though a sole source purchase?

    Q The city conducted a reverse auction for procurement of surveillance cameras, and the low bidder has told us that installation of a wireless network would eliminate the monthly service fees. The...
  2. May a municipal court clerk also serve as justice court judge?

    Q May a municipal court clerk also serve as justice court judge?

    A The municipality and the county are separate governmental entities, and no violation of Section 25-4-105(3)(a) should result...
  3. What is the best way for the municipal clerk to identify state laws and municipal ordinances requiring board/council action?

    Q What is the best way for the municipal clerk to identify state laws and municipal ordinances requiring board/council action?

    A This office suggests the municipal clerk develop a calendar of...
  4. Is the city barred from paying claims more than three years old due to the statute of limitations?

    Q We have recently discovered outstanding invoices from a municipal vendor that are several years old, unpaid due to the way payments were applied. Is the city barred from paying claims more than...
  5. For a payment to qualify, must the invoice be dated prior to October 1?

    Q Section 21-35-23 and the Mississippi State Auditor’s Office Municipal Audit and Accounting Guide allow for payment of obligations incurred prior to the end of the fiscal year to be made from the...
  6. May a mayor use an unmarked police car in the performance of official duties, such as travel to and from the MML conference?

    Q May a mayor use an unmarked police car in the performance of official duties, such as travel to and from the MML conference?

    A No. There is no authority for a mayor to use an unmarked police...
  7. May an employee of a community college, remain employed by the college, if he or she is elected supervisor for a county within the college district?

    Q May an employee of a community college, remain employed by the college, if he or she is elected supervisor for a county within the college district?

    A No. Due to the potential for violations of...
  8. Is there a separation of powers issue, if an instructor at a community college runs for county supervisor?

    Q Is there a separation of powers issue, if an instructor at a community college runs for county supervisor?

    A No, because a public school teacher does not exercise core powers of the executive...
  9. May a physician employed by a county-owned community hospital serve as mayor of a municipality when the hospital and the municipality both participate in the same health care?

    Q May a physician employed by a county-owned community hospital serve as mayor of a municipality when the hospital and the municipality both participate in the same managed care health program?

    A...
  10. Does the county have the authority to enter into a lease-purchase agreement with a private buyer for the sale of long-vacant industrial property owned by the county?

    Q Does the county have the authority to enter into a lease-purchase agreement with a private buyer for the sale of long-vacant industrial property owned by the county pursuant to Section 57-7-1? ...
  11. When the court receives an order of expungement, after everything has been deleted from the system and the order has been sent to the proper places,what happens with the file?

    Q When the court receives an order of expungement, after everything has been deleted from the system and the order has been sent to the proper places, what happens with the case file? Also, with a...
  12. Can a company that received a five (5) year exemption and failed to request the other concurrent five (5) years, now request the other four (4) years left?

    Q Can a company that received a five (5) year exemption and failed to request the other concurrent five (5) years, now request the other four (4) years left under a new application not exceeding the...
  13. May a county or city recognize Good Friday as a legal holiday?

    Q May a county or city recognize Good Friday as a legal holiday?

    A Yes. Section 3-3-7 lists the legal holidays in Mississippi, and subsection (2) further provides that in lieu of any one legal...
  14. Has the reimbursement rate for mileage for official travel in a private automobile changed?

    Q Has the reimbursement rate for mileage for official travel in a private automobile changed?

    A Yes. Effective January 1, 2020 the rate for reimbursement of official travel in a private...
  15. May the town hire a nephew of an alderman as a police officer (who will not be serving as police chief)?

    Q May the town hire a nephew of an alderman as a police officer (who will not be serving as police chief)?

    A Whether the hiring of a municipal employee violates Section 25-1-53 (the “nepotism...
  16. Does Section 45-9-131 allow a resigning police officer, as opposed to a retiring officer, purchase his city-issued firearm at a price to be determined by the board?

    Q Does Section 45-9-131 allow a resigning police officer, as opposed to a retiring officer, purchase his city-issued firearm at a price to be determined by the board?

    A No. Section 45-9-131...
  17. Our police department has a drug seizure fund, may we spend those funds on equipment such as bulletproof vests, police cars, trucks or cruisers, tasers, guns, body cams, etc.?

    Q Our police department has a drug seizure fund, which contains funds seized and forfeited pursuant to Section 41-29-181. May we spend those funds on equipment such as bulletproof vests, police...
  18. According to Section 27-67-31, is it legal and proper to use the funds to pay bonded indebtedness that was incurred for street repairs?

    Q Once a municipality has complied with the requirements of Section 27-67-31 to be eligible for a portion of the designated funds held by the Department of Revenue and such funds are delivered to the...
  19. What is the process for a municipality to raise its water rates?

    Q What is the process for a municipality to raise its water rates?

    A Assuming the municipality is not providing water services to an area greater than one mile outside of the municipal...
  20. Section 17-5-15 authorizes a county and a municipality to lend or lease equipment to each other.Does this also authorize a school district to participate in such an agreement?

    Q Section 17-5-15 authorizes a county and a municipality to reach an agreement to lend or lease equipment to each other. Does this also authorize a school district to participate in such an...
  21. In accordance with Section 31-7-13(c)(iv) (1), may the governing board of a school district approve the district’s request to complete a brand specific procurement for Apple?

    Q In accordance with Section 31-7-13(c) (iv) (1), may the governing board of a school district approve the district’s request to complete a brand specific procurement for Apple products, following...
  22. Is there a separation of powers issue, if an instructor at a community college runs for county supervisor?

    Q Is there a separation of powers issue, if an instructor at a community college runs for county supervisor?

    A No, because a public school teacher does not exercise core powers of the executive...
  23. Does the county hospital and a community hospital, have the authority to purchase a retail center in which the hospital currently leases space?

    Q Does the county hospital and a community hospital, have the authority to purchase a retail center in which the hospital currently leases space? It will use the space to operate and expand its...
  24. Does the county have the authority to increase the salaries of its employee’s mid-year to pay for insurance premium increases?

    Q Does the county have the authority to increase the salaries of its employee’s mid-year to pay for insurance premium increases?

    A A governing authority may adopt an ordinance authorizing an...
  25. Do purchases for the county drug court have to be made through the purchasing clerk, or may they be made directly by the drug court?

    Q Do purchases for the county drug court have to be made through the purchasing clerk or may they be made directly by the drug court? Are such purchases subject to the public purchasing laws? Do...
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