House Bill 1348

AN ACT TO AMEND SECTION 17-25-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTIFIED LAW ENFORCEMENT OFFICERS OR CERTIFIED PART-TIME LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY OR COUNTY TO UTILIZE THE OFFICIAL EQUIPMENT AND OFFICIAL MOTOR VEHICLE ISSUED BY THE EMPLOYING JURISDICTION WHILE IN THE PERFORMANCE OF PRIVATE SECURITY SERVICES IN OFF-DUTY HOURS; TO AMEND SECTION 21-17-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE GOVERNING AUTHORITIES OF EVERY MUNICIPALITY OF THIS STATE SHALL HAVE THE CARE, MANAGEMENT AND CONTROL OF ITS EMPLOYEES; TO AMEND SECTION 21-19-49, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE GOVERNING AUTHORITY OF ANY MUNICIPALITY OR THE BOARD OF SUPERVISORS OF ANY COUNTY TO ALLOW OFF-DUTY MUNICIPAL OR COUNTY LAW ENFORCEMENT OFFICERS WHO ARE HIRED INDIVIDUALLY FOR SECURITY PURPOSES BY THE SCHOOL DISTRICT OR DISTRICTS WITHIN THAT MUNICIPALITY OR COUNTY TO UTILIZE OFFICIAL MUNICIPAL OR COUNTY LAW ENFORCEMENT EQUIPMENT AND MOTOR VEHICLES WHILE PERFORMING SUCH OFF-DUTY EMPLOYMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 17-25-11, Mississippi Code of 1972, is amended as follows:

17-25-11. (1) Certified law enforcement officers or certified part-time law enforcement officers, as defined in Section 45-6-3, who are employed by a county or municipality may wear the official uniform * * *~~and may~~, utilize the official firearm, utilize the official equipment, and utilize the official motor vehicle issued by the employing jurisdiction while in the performance of private security services in off-duty hours. The governing authority of a municipality must approve of such use * * * ~~of the uniform and official weapon~~ by municipal law enforcement officers by act spread upon the minutes of such board and approved by the chief executive. The sheriff of a county must approve such use * * * ~~of the uniform and official weapon~~ by deputy sheriffs. Approval * * *~~shall~~ may be on an employee-by-employee basis * * * ~~and not~~ or by general order. Any proceedings regarding application or approval and the minutes regarding same shall be a public record.

(2) Each governing board and chief executive or sheriff shall determine before the use of the official uniform * * *~~and~~, weapon, equipment or motor vehicle is approved that the proposed employment is not likely to bring disrepute to the employing jurisdiction or its law enforcement agency, the officer at issue, or law enforcement generally, and that the use of the official uniform * * *~~and~~, weapon, equipment or motor vehicle in the discharge of the officer's private security endeavor promotes the public interest.

(3) Acts and omissions of an officer in discharge of private security employment shall be deemed to be the acts and omissions of the person or entity employing the officer for such private security services, and not the acts and omissions of the jurisdiction whose uniform * * *~~and~~, weapon, equipment and motor vehicle are approved for such private security use. An employer employing the officer for private security services shall hold harmless the jurisdiction by which the officer is employed and fully indemnify the jurisdiction for any expense or loss, including attorney's fees, * * *~~which results~~ resulting from any action taken against the jurisdiction arising out of the acts or omissions of the officer in discharge of private security services while wearing the official uniform or using the official weapon, equipment or motor vehicle. Neither the state nor any subdivision thereof shall be liable for acts or omissions of an officer in the discharge of the private security employment duties.

(4) Certified police officers performing private jobs during their off-duty hours are required to notify the appropriate law enforcement agency of the place of employment, the hours to be worked, and the type of employment.

(5) The official uniform * * *~~and~~, weapon, equipment or motor vehicle may be * * * ~~worn and~~ utilized only at locations which are within the jurisdiction of the governmental entity whose uniform * * *~~and~~, weapon, equipment and motor vehicle are involved.

SECTION 2. Section 21-17-5, Mississippi Code of 1972, is amended as follows:

21-17-5. (1) The governing authorities of every municipality of this state shall have the care, management and control of the municipal affairs and its employees, property and finances. In addition to those powers granted by specific provisions of general law, the governing authorities of municipalities shall have the power to adopt any orders, resolutions or ordinances with respect to such municipal affairs, employees, property and finances which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi, and shall likewise have the power to alter, modify and repeal such orders, resolutions or ordinances. Except as otherwise provided in subsection (2) of this section, the powers granted to governing authorities of municipalities in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi. Unless otherwise provided by law, before entering upon the duties of their respective offices, the aldermen or councilmen of every municipality of this state shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to five percent (5%) of the sum of all the municipal taxes shown by the assessment rolls and the levies to have been collectible in the municipality for the year immediately preceding the commencement of the term of office of said alderman or councilman; however, such bond shall not exceed One Hundred Thousand Dollars ($100,000.00). For all municipalities with a population more than two thousand (2,000) according to the latest federal decennial census, the amount of the bond shall not be less than Fifty Thousand Dollars ($50,000.00). Any taxpayer of the municipality may sue on such bond for the use of the municipality, and such taxpayer shall be liable for all costs in case his suit shall fail. No member of the city council or board of aldermen shall be surety for any other such member.

(2) Unless such actions are specifically authorized by another statute or law of the State of Mississippi, this section shall not authorize the governing authorities of municipalities to (a) levy taxes of any kind or increase the levy of any authorized tax, (b) issue bonds of any kind, (c) change the requirements, practices or procedures for municipal elections or establish any new elective office, (d) change the procedure for annexation of additional territory into the municipal boundaries, (e) change the structure or form of the municipal government, (f) permit the sale, manufacture, distribution, possession or transportation of alcoholic beverages, (g) grant any donation, or (h) without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the municipality does not have a property interest.

(3) Nothing in this or any other section shall be construed so as to prevent any municipal governing authority from paying any municipal employee not to exceed double his ordinary rate of pay or awarding any municipal employee not to exceed double his ordinary rate of compensatory time for work performed in his capacity as a municipal employee on legal holidays. The governing authority of any municipality shall enact leave policies to ensure that a public safety employee is paid or granted compensatory time for the same number of holidays for which any other municipal employee is paid.

(4) The governing authority of any municipality, in its discretion, may expend funds to provide for training and education of newly elected or appointed municipal officials before the beginning of the term of office or employment of such officials. Any expenses incurred for such purposes may be allowed only upon prior approval of the governing authority. Any payments or reimbursements made under the provisions of this subsection may be paid only after presentation to and approval by the governing authority of the municipality.

SECTION 3. Section 21-19-49, Mississippi Code of 1972, is amended as follows:

21-19-49. (1) The governing authority of any municipality or the board of supervisors of any county are hereby authorized and empowered to appropriate money or dedicate and convey municipally-owned buildings and property or county-owned buildings and property, as the case may be, to the school district or districts situated within that municipality or county for the purpose of erecting, purchasing or otherwise providing the school building or a site for such school building of such school district, in cases where the governing authority or board of supervisors are of the opinion that the location of such school building within the corporate limits of the municipality or the county, or in close proximity thereto, will be of special benefit to the inhabitants of the municipality or county.

(2) Municipalities, municipal police departments and the sheriffs' departments may contract with the school board of any school district to provide additional Law Enforcement Officers Training Academy-certified police protection to said school district on such terms and for such reimbursement as the school district and the entity may agree in their discretion.

(3) The governing authority of any municipality or the board of supervisors of any county * * *~~may~~ is authorized to allow off-duty municipal or county law enforcement officers who are hired individually for security purposes by the school district or districts within that municipality or county to * * * ~~use~~ wear official municipal or county law enforcement uniforms and, utilize official municipal or county law enforcement firearm, equipment and motor vehicle during such off-duty employment, if the governing authority of the municipality or the board of supervisors of the county follows the procedure provided in Section 17-25-11.

(4) The governing authority of any municipality, in its discretion, may donate funds, equipment or in-kind services to any school district located within the boundaries of the municipality to assist the voluntary character development or public service programs of that school district.

SECTION 4. This act shall take effect and be in force from and after July 1, 2013.