Series 2558: Constituent Correspondence, 2000-2003
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