Page 30 - Mississippi_Municipalities_V66N4

Technicalities
Auditor’s Stacey Pickering, State Auditor
Q&A
QMay a municipality compensate an employee for fundraising on behalf of a nonpro t entity during work hours?
A e municipality may donate funds for supporting social and community service programs, in accordance with Section 21-19-65 Such a donation may be made in the form of cash or in-kind services performed by the munici- pality, which may include the use of municipal employees, municipal equipment and/or municipal resources, provided that the in-kind donations can be directly determined and matched to the value of existing matching funds In addition, the municipality is authorized to contribute funds, which may include in-kind services, to organizations for the purpose of advertising and bringing into favorable notice the opportunities, possibilities and resources of the municipality, in accordance with Sections 17-3-1 and 17-3-3 Assuming that the municipality has made the proper factual ndings and spread the appropriate factual ndings on the minutes that the fundraising e orts of its employee were made in the performance of his o cial duties and that such fundraising e orts are consistent with the intent of Sections 21-19-65 and 17-3-1, the municipality may compensate the employee for such work
Attorney General’s Opinion to Turnage, November 17, 2017
QIs it permissible for a municipality to pay hourly wages or salaries to municipal employees who attend funeral services of deceased family members of municipal employees?
AA municipal employee may only be paid for hours that he has actually worked in the performance of his o cial duties Although it would be rare for the attendance of municipal employees at funerals to be considered part of their o cial duties; nonetheless, if the municipality has determined that the municipal employee was in fact working, it may pay the employee for such time
Attorney General’s Opinion to Turnage, November 20, 2017
Q Is there a wage restriction on the compensation of part-time municipal employees?
A No, Section 21-3-5 authorizes the governing authorities to appoint the necessary o cers and employees and x their compensation e compensation of such o cers and employees is set by the board of aldermen subject to the mayor’s veto ere is no statutory limit on the compensation, but when setting compensation, municipal governing authorities should consider the duties and responsibilities of each position and the resources of the municipality e compensation of part time employees who are not law enforcement o cers are set by the board or council subject to a mayoral veto
Attorney General’s Opinion to Smoot, November 9, 2017
QHow long after the required hearing may a municipality re-enter and clean property declared to be a menace under Section 21-19-11?
AGiven the confusing language contained in Section 21-19-11, the statute cannot be read in an internally consistent manner e proper interpretation of the provision concerning reentry for the purpose of cutting grass and weeds and removing rubbish is that a municipality may reenter property that it has determined to be a menace to the public health, safety and welfare of the community for the purpose of cutting and removing rubbish upon seven (7) days’ notice posted on the property and at city hall within the one-year period after the date of the hearing In the event the municipality seeks to reenter after the one-year period, it would be required to start the process anew by starting a new action under the statute
Attorney General’s Opinion to Jacks, November 9, 2017
30 • Mississippi Municipalities
Volume 66 • Number 4