Series 2558: Constituent Correspondence, 2000-2003

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Email

35930

From: 		<Mccaleb5thdist@aol.com>
To: 		harcobos@ametro.net; jmeadows@datasync.com; Governor Musgrove; senatorlott@lott.senate.gov; gene.taylor@mail.house.gov; ltgov@mail.senate.state.ms.us
CC: 		mmoore@ago.state.ms.us; Jncompton@aol.com; ReillyM@aol.com; hcca@digiscape.com; tidelands@dmr.state.ms.us; jsimpson@mail.house.state.ms.us; jesse@mail.osa.state.ms.us; ddawkins@mail.senate.state.ms.us; dwynne@msbar.org; msbar@msbar.org; ahedgepe@mstc.state.ms.us; Max.Arinder@peer.state.ms.us; Ted.Booth@peer.state.ms.us; administrator@sos.state.ms.us; GMcWhorter@sos.state.ms.us
Created: 	7/1/2001 1:00 PM
Subject: 	Employment of counsel - Harrison County Board of Supervisors - Attorney meadows
Message: 		

ATTORNEY JOE MEADOWS
ATTORNEY OF THE BOARD OF SUPERVISORS
HARRISON COUNTY

       Attorney Meadows:

       I would like to know if you are in compliance with this article of the 
Mississippi Code of 1972 as written in 19-3-47.

       Please reply

       Sincerely,

       Steven A. McCaleb    

 19-3-47. Employment of counsel.
        
    (1) (a)  The board of supervisors shall have the power, in its 
discretion, to employ counsel by the year at an annual salary at an amount 
that it deems proper, not to exceed the maximum annual amount authorized by 
law for payment to a member of the board.  
        
    
(b) The board of supervisors shall have the power, in its discretion, to 
employ counsel in all civil cases in which the county is interested, 
including eminent domain proceedings, the examination and certification of 
title to property the county is acquiring and in criminal cases against a 
county officer for malfeasance or dereliction of duty in office, when by the 
criminal conduct of the officer the county may be liable to be affected 
pecuniarily, with the counsel to conduct the proceeding instead of the 
district attorney, or in conjunction with him, and to pay the counsel out of 
the county treasury or the road fund that may be involved reasonable 
compensation, or if counsel so employed is retained on an annual basis as 
provided in this subsection, reasonable additional compensation for his 
services.  

(c) The board of supervisors shall have the power, in its discretion, to pay 
reasonable compensation to attorneys who may be employed by it in the matter 
of the issuance of bonds and the drafting of orders and resolutions in 
connection therewith. In no instance shall the attorney's fee for the 
services exceed the following amounts, to wit:  

One percent (1%) of the first Five Hundred Thousand Dollars ($500,000.00) of 
any one (1) bond issue; one-half percent (1/2%) of the amount of the issue in 
excess of Five Hundred Thousand Dollars ($500,000.00) but not more than One 
Million Dollars ($1,000,000.00); and one-fourth percent (1/4%) of the amount 
of the issue in excess of One Million Dollars ($1,000,000.00). The 
limitations imposed in this paragraph shall not apply to any bond issue for 
which a declaration to issue the bonds has heretofore been adopted by proper 
resolution.  
        
        
(d) This subsection shall not in anyway amend or repeal or otherwise affect 
subsection (2) of this section, but this subsection shall remain in full 
force and effect.  
        
    
(2)  The board of supervisors of any county, in addition to the authority 
conferred upon it in subsection (1) of this section, may employ, in its 
discretion, a firm of attorneys to represent it as its regular attorneys on 
the same terms, conditions and compensation as provided for employment of an 
attorney as its regular attorney. However, there shall not be both an 
attorney and a firm of attorneys employed at the same time as the regular 
attorney for the board.  
        
    
(3)  In any county having a 1980 federal census population in excess of one 
hundred eighteen thousand (118,000), and in which is located a major refinery 
for the production of petroleum products and a facility for the construction 
of ships for the United States Navy; in any county which is traversed by an 
interstate highway and having a 1980 federal census population in excess of 
sixty-six thousand (66,000), and in which is located a comprehensive 
university operated by the Board of Trustees of State Institutions of Higher 
Learning and a National Guard training base; in any county in which is 
located the State Capitol and the state's largest municipality; in any county 
which is traversed by Interstate Highway 55, United States Highway 51 and 
United States Highway 98; in any county bordering the Gulf of Mexico, having 
a 1980 federal census population in excess of one hundred fifty-seven 
thousand (157,000), and in which is located a state-owned port; and in any 
county which is traversed by Interstate Highway 20, United States Highway 49 
and United States Highway 80, and in which is located the State Hospital and 
an international airport; all of which foregoing criteria the Legislature 
finds to be conducive to industrial development requiring the issuance of 
industrial revenue bonds and which counties would gain benefits by employment 
of counsel in the manner authorized by this subsection, the board of 
supervisors, as an alternative to the authority conferred upon it in 
subsections (1) and (2) of this section, may employ annually, in its 
discretion, an attorney as a full-time employee of the county, subject to the 
following conditions:  
        
    
(a) The attorney shall maintain an office in the county courthouse or other 
county-owned building and shall represent the board of supervisors and all 
county agencies responsible to the board;  
        
    (b) The attorney shall be employed by the board of supervisors in the 
matter of the issuance of all bonds of the county and the drafting of 
resolutions in connection therewith, and shall represent the board in all 
state and federal courts. Attorney's fees for the services which otherwise 
would have been paid to an attorney under paragraph (1)(c) of this section 
shall be paid into the county general fund and used to defray the salary of 
the attorney and his necessary office expenses;  
        
    (c) During his employment by the county, the attorney shall not engage 
otherwise in the practice of civil or criminal law and shall not be 
associated with any other attorney or firm of attorneys;  
        
    
    (d) The board of supervisors shall have the power, in its discretion, to 
pay the attorney an annual salary not to exceed the maximum annual salary 
authorized by law to be paid to the county judge of that county; and  
        
    
    (e) The board of supervisors may authorize, in its discretion, the 
employment of special counsel to assist the counsel employed pursuant to this 
subsection, provided that the board shall determine and spread on its minutes 
that the employment of the special counsel is necessary and in the best 
interest of the county and setting forth the duties or responsibilities 
assigned to the special counsel.  
        
    
    Sources: Codes, 1857, ch. 59, art 35; 1871,  1385; 1880,  2176; 1892,  
293; Laws, 1906,  312; Hemingway's 1917,  3685; Laws, 1930,  272; Laws, 
1942,  2958, 3374-95.5; Laws,  1924, ch. 212; Laws, 1936, ch. 308; Laws, 
1942, ch. 218; Laws, 1946, chs. 182, 424; Laws, 1948, ch. 263; Laws, 1952, 
ch. 222; Laws, 1956, ch. 189; Laws, 1958, ch. 220; Laws, 1960, chs. 190, 191; 
Laws, 1962, chs. 248, 249; Laws, 1964, ch. 275,  1; Laws, 1962, 2d Ex Sess 
ch. 25,  1; Laws, 1966, ch. 296,  1; Laws, 1968, ch. 285,  1, 2; Laws, 
1971, ch. 429,  1; Laws, 1972, ch. 393,  1; Laws, 1973, ch. 336,  1; Laws, 
1984, ch. 491; Laws, 1989, ch. 424,  1; Laws, 1990, ch. 508,  1; Laws, 
1995, ch. 341,  1, eff from and after passage (approved March 14, 1995).
        
    
    
 

- Attachment Filename: 	C:\archives\governor\mail\Governor Musgrove\_attach\Employment of counsel - Harrison County Board of Supervisors - Attorney meadows\Part.001

- Attachment Filename: 	C:\archives\governor\mail\Governor Musgrove\_attach\Employment of counsel - Harrison County Board of Supervisors - Attorney meadows\Mime.822


Attachments

employment_of_counsel_-_harris/part.001


employment_of_counsel_-_harris/mime.822