Monday, March 19, 2018

Striking a blow at the good ole boys

Mayors will no longer be able to appoint their friends without getting them confirmed when it's required.  State Senator Josh Harkins was able to get bills passed that stopped this abuse by limiting interim appointments to serving no more than 180 days without confirmation.  However, the A.G.'s office gutted these bills with its interpretations (or re-imaginings as some called it.). 

 Mr. Harkins decided he had enough of the A.G.'s rulings  and got a bill signed into law  last week that really cracks down on this abuse of power.  Mayors will now have to get their appointments confirmed within 90 days and if they decided to thumb their noses at the law, no problem.  HB #1114 Section (2) also gives the registered voters of that city the right to enforce the law in Chancery court and recover their attorney's fees.  

One problem in Mississippi government is the use of interim appointments.  Mayors have repeatedly abused this practice when they fear one of their good ole boys can't get confirmed.  Checks and balances are ignored. Councilmen and alderwomen have little remedy save going to court at their own expense.  Thus so-called "interim appointments" are in reality unconfirmed permanent appointments as such appointees would at times serve for years. 

Many times the interim appointments are not qualified to serve in their appointed positions (See Willie Bell). The Mayor will then attempt to make an end run around the entire confirmation process and call him an "interim" appointment but then never submits his nomination for confirmation.  It makes a mockery out of the entire concept of checks and balances.  Mayors Johnny Dupree, Chokwe Lumumba,  Les Fillingame, and Harvey Johnson all thought they were above the law as they loved to use interim appointments, checks and balances be damned.

 The same hijinks also take place with boards and commissions.  Members are allowed to serve years after their terms expired.   Millions of dollars are spent, hiring and firings of employees take place, and votes are made by members who should have no vote but hey, it's Mississippi.

Mr. Harkins got legislation passed in the 2016 and 2017 legislative sessions that would place a 180 day limit on how long an interim or hold-over employee could serve if his position required a confirmation vote.  The 2017 bill applied the new restriction to boards and commissions as well.  For example, there was one commissioner serving on the JMAA board whose term had been expired for over two years.  The new laws were simply an attempt to get Mayors and their respective legislative branches to do their jobs. .  It even said the limitation was retroactive.  However, the A.G. still said that the clock didn't begin to run until July 1 and thus the 180-day limit wouldn't expire until January 1, 2018.


The Rankin County State Senator didn't take this setback lying down but instead said, fine,  if you want to go the hard way, we can go the hard way.  He filed a bill that would have tightened the law.  It passed the Senate but died in committee at the House.  Mr. Harkins found a bill that was still alive and had the necessary code sections and attached the dead bill's language to the live one. The bill  passed and was signed into law Friday. Check out Section (2) of HB #1114:

SECTION 2. Section 21-15-41, Mississippi Code of 1972, is amended as follows:

21-15-41. (1) No person shall serve in an interim or hold-over capacity for longer than * * * ninety (90) days in a position that is required by law to be filled by appointment of the governing body of a municipality, or by mayoral appointment with the advice and consent of the council or aldermen. If such position is not filled within * * * ninety (90) days after the expiration of the position's term, or within * * * ninety (90) days after the date of appointment if an interim appointment, the hold-over service or interim appointment shall terminate and no municipal funds may thereafter be expended to compensate the person serving in the position. Further, any action or vote taken by such person after the * * * ninety-day period shall be invalid and without effect. If a council or board of aldermen rejects, or otherwise fails to confirm, an individual submitted by the mayor for appointment, the mayor may not resubmit or reappoint the same individual for that position during the remainder of the mayor's current term in office.

(2) It is the intent of the Legislature that the provisions of this section shall apply * * * to all appointees serving in a hold-over or interim capacity on the effective date of this act * * *. For such appointees, the * * * limitation period * * * for serving in a hold-over or interim capacity shall be no longer than ninety (90) days from July 1, 2018.

(3) Any registered voter who resides in the municipality may file all objections to any matters relating to an alleged violation of this section in the chancery court of the county where the municipality is located. The chancery court is authorized to adjudicate and determine relief as may be proper. The court shall award reasonable attorney's fees and costs to the prevailing party. Copy of bill.

 Forget 180 day's.  A Mayor now has 90 days to get his act together and get some employees confirmed.  The same rule will apply to any one serving on a board and commission.  However, and this is the fun part, the Mayors will no longer be able to thumb their noses at their councilwomen and aldermen and dare them to run to the State Auditor or Attorney General.  State Senator Harkins made it possible for voters of a municipality to enforce the law in chancery court.  If the voter wins, then the city must pay the legal fees.  No more waiting for cavalry that never comes or breaking the bank paying for a lawyer.

Let the squawking begin.*


Kingfish note: Here is an explanation of the history of this legislation.

 Mr. Harkins sponsored a bill in 2016 that attempted to put a stop to these shenanigans.  SB #2587 stated:

SECTION 1. (1) No person shall serve in an interim or hold-over capacity for longer than one hundred eighty (180) days after the expiration of the term to which he or she was appointed in a position that is required by law to be filled by appointment of the governing body of a municipality, or by mayoral appointment with the advice and consent of the council or aldermen, including positions on boards, commissions or authorities.

(2) If such position is not filled within one hundred eighty (180) days after the expiration of the term, no municipal funds may be expended to compensate any person serving in the position.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
 However, the Mayor of Bay St. Louis had a pal who had served as an "interim" appointment for six years.  Thus Mayor Les Fillingane squawked to the Attorney General and his office answered with an opinion that gutted the law.  It said that the law couldn't take effect until the beginning of the next Mayor's term in July 2017.  The 180-day clock wouldn't start ticking until that date and thus would not apply until January 1, 2018.  The law said nothing about grandfather clauses or the terms of Mayors but one Phil Carter applied some slick rules of interpretation that turned the effective date of the law on its head.

The State Senator gritted his teeth and came back in the 2017 Legislative session with a bill that would have closed the loopholes created by the A.G.  His bill died in the House but he managed to get his bill attached to another that was passed.  HB #51 stated:

21-15-41. (1) No person shall serve in an interim or hold-over capacity for longer than one hundred eighty (180) days * * * in a position that is required by law to be filled by appointment of the governing body of a municipality, or by mayoral appointment with the advice and consent of the council or aldermen * * *. * * * If such position is not filled within one hundred eighty (180) days after the expiration of the position's term, or within one hundred eighty (180) days after the date of appointment if an interim appointment, the hold-over service or interim appointment shall terminate and no municipal funds may thereafter be expended to compensate * * * the person serving in the position. Further, any action or vote taken by such person after the one-hundred-eighty-day period shall be invalid and without effect. If a council or board of aldermen rejects, or otherwise fails to confirm, an individual submitted by the mayor for appointment, the mayor may not resubmit or reappoint the same individual for that position during the remainder of the mayor's current term in office. Copy of bill.
 The law also deals with boards and commissions.  Any votes taken by board members more than 180 days after their terms expire are null and void.  No more sitting around on the JMAA Board of Commissioners and voting on budgets two years after the term expired.

The second section  makes the law retroactive so no funds can be used to pay the salaries of any interim appointments that require a confirmation vote

(2) It is the intent of the Legislature that the provisions of this section shall apply retroactively to all appointees serving in a hold-over or interim capacity on the effective date of this act and for such appointees, the one hundred eighty-day limitation period shall commence to run on the effective date of this act.

However, the Attorney General's office would not be deterred and said that the clock didn't start ticking until the Mayor's new term began (AG Opinion #00173).

*One bit of squawking took place at the Jackson Municipal Airport Authority Board of Commissioners.  To say they were upset by the new bill last year was putting it mildly.  They went running to the A.G. but to that office's credit, it did state that the new law applied to the JMAA Board.  

17 comments:

Anonymous said...

Wouldn't the Mississippi Tort Claims Act be used to prevent the city/county from paying the awarded legal fees?

Kingfish said...

Nope. Same type of provision is in the public records laws.

Anonymous said...

Harkins is a scholar, a gentleman, and a heck of a baseball player.

Anonymous said...

Harkins is a good one. He's a workhorse, not a showhorse.

Anonymous said...


I suggested that the Governor appoint Josh to take Thad's place.

I know he is young and is not experienced enough to handle the swamp rats in Washington but he can learn and could be there a long time to help us get off the bottom. It's time to do the right thing for Mississippi.

HARKINS FOR US SENATOR !!!!!!!!!!!!!

Anonymous said...

Gah! WHY can't we send Harkins to DC?????? PHIL PLEASSEEEEEEE

Anonymous said...

Workhorse? You've got to be kidding? I'm guessing he hasn't worked a day in his life.

Anonymous said...

Mr Harkins appears to have worked at least one "day of his life" or we would not be reading this KF article.

Anonymous said...

You Don't know him or would would not make such a doltish comment.

Anonymous said...

@ 3:07. He may have inherited his $, I don't know nor care. I do know that he does good work in the Senate and concerns himself with the results - not who gets credit or how many Likes his Facebook post gets.

Anonymous said...


He is my competition in my business and I still like him. Strait shooter with class. I will vote for him. Josh was raised by parents that care and have taught him to do the right thing.

Won't take long for him to learn the ends and outs of Washington---he already knows a lot of the players.

Anonymous said...

why not governor? we already have a brain drain of talent...

Anonymous said...

Josh has two young-ish daughters, and is very active in their lives.

He isn't going to D.C.

Anonymous said...

Send him to DC. Once he experiences the hell that is Reagan National, he’ll realize the Jackson airport ain’t half bad.

Anonymous said...

Lap dog, light weight, invisible, etc.

Anonymous said...

This turned quickly into a needless debate about Harkins. This crowd typically ignores the subject of each thread and heads straight off into the ditch.

Anonymous said...

Wonder how much Les Fillingame from BSL owes. Would be sweet if they could make it retroactive and fine that clown.


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In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

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There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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