2006 MSPBA Legislative Report

Jan 1, 2007

SB-2917 OFFICERS HOLIDAY COMPENSATION       PASSED
Introduced by Senator Gray Tollison of Oxford, Ms.

This bill was directed at clarifying a state statue regarding holiday compensation to municipal officers for holidays which fall on their scheduled day off. Numerous municipal officer members had reported to PBA that they were not receiving additional paid time off, for holidays falling on their regular day off. In every case thus far this practice is not consistent with benefits afforded other employees of these cities. Most cities have stopped compensating officers for these holidays under the pretense that they understand it to be illegal based on an old opinion of the Attorney General’s office which has since been amended. This bill clarifies the state statue in concert with the current AG’s opinion. This bill clearly states that cities may compensate officers with paid time off for Holidays falling on their days off. Hopefully this will resolve the issue. Any member wishing to review this bill or needing a copy may click the link below.

http://billstatus.ls.state.ms.us/perl/htmget06.pl?branch=S&doctype=B&file=2917

HB-1454 OFFICER’S PUBLIC RECORDS EXEMPTION     PASSED
Introduced by Representative Eric Robinson of Quitman, Ms.

This bill essentially exempts certain private information of Law enforcement officers, judges, district attorneys and their investigators from the public records act. Such exempt information would include such things as home address, private telephone numbers, information relating to a spouse or children and other such private information.
To review or print this legislative bill click on the link below.

http://billstatus.ls.state.ms.us/perl/htmget06.pl?branch=H&doctype=B&file=1454

SB-2084 MUNICIPAL OFFICER’S DUE PROCESS
Introduced by Senator Gray Tollison of Oxford, Ms.

The 2006 legislative session was the third consecutive year this legislation has been introduced. This bill would mandate basic due process procedures in administrative actions taken against municipal law enforcement officers. These basic procedural requirements include written notice to the officer of proposed disciplinary action and the reason therefore, officers right to appeal such action within 5 days, if appealed a right to a fair and impartial hearing, a right to representation at the officers own expense, a right to question witnesses giving testimony against him.

This bill passed the senate unanimously with all 51 Senators present voting for the bill. In the House of Representative 113 of the 119 Representatives present voted to pass the bill. Only six Representatives out of the entire state legislature voted against the bill.

A motion for reconsideration of the bill was filed by Representative Mark Baker, One of the Representatives voting against the bill. As a result of this motion, the bill was placed back on the House calendar for reconsideration. The bill was not called back to the House floor for consideration before the deadline and therefore died on the House calendar. The six Representatives voting against the bill were:

Representative Mark Baker District 74 Rankin and Madison Counties
Representative John Moore District 60 Rankin and Simpson Counties
Representative John Reeves District 71 Rankin and Hinds Counties
Representative Mark Formby District 108 Pearl River County
Representative Jeffery Smith District 39 Lowndes County
Representative Clayton Smith District 59 Rankin County

To review the actual legislative bill click
http://billstatus.ls.state.ms.us/perl/htmget06.pl?branch=S&doctype=B&file=2084

SB-2236 LAW ENFORCEMENT OFFICERS SECONDARY EMPLOYMENT PASSED

This bill was amended significantly from it’s original state. The bill provides that certified law enforcement officers may wear the official uniform issued by their employing law enforcement agency and may utilize the official firearm issued by such agency while in the performance of private security services in off duty hours, providing the governing body and chief executive of the officer’s employing jurisdiction first approves such use.

Please click on the link below for more detailed information related to the requirements for approval and liability issues
http://billstatus.ls.state.ms.us/perl/htmget06.pl?branch=S&doctype=B&file=2236