Mississippi Executive Reorganization Act of 1989

Miss. Code Ann. tit. 7, ch. 17
in effect

Miss. Code Ann. § 7-17-1 Short title.

Chapter 544, Laws of 1989, shall be cited as the “Mississippi Executive Reorganization Act of 1989.”

Miss. Code Ann. § 7-17-3 Legislative intent.

It is the intent of “the Mississippi Executive Reorganization Act of 1989 [Chapter 544, Laws of 1989]” to provide that the Governor and the executive branch of the government of the State of Mississippi shall have full authority to execute the laws of Mississippi and to administer and manage the affairs of state government in accordance with the Mississippi Constitution of 1890. Provided, however, nothing in “the Mississippi Executive Reorganization Act of 1989” is intended to reduce in any manner the authority of the Legislature to appropriate funds or to specify the means by which such funds are to be expended. No executive director, division director or any other employee of any agency or department of this state shall be prohibited by the Governor or any other person, whether by written or verbal correspondence or by executive order, from cooperating with the Legislature for purposes of providing information to the Legislature, or any member thereof, regarding the legislative budget process or any other legislative matter.

Miss. Code Ann. § 7-17-5 Transfer of employees, property, staff and funds; general powers and duties of executive directors of departments of executive branch.

Effective July 1, 1989, all employees of any agency abolished or affected by the Mississippi Executive Reorganization Act of 1989 [Chapter 544, Laws of 1989] shall be transferred according to the merger of their duties by the Mississippi Executive Reorganization Act of 1989. All personnel actions initiated as a result of the Mississippi Executive Reorganization Act of 1989 shall be subject to State Personnel Board procedures. The executive director of any agency of state government as defined in Section 25-9-107(d) shall have the authority to employ staff and to expend funds authorized to the agency for the performance of the duties and responsibilities accorded to the agency by the laws of the State of Mississippi. All records, personnel, property and unexpended balances of appropriations, allocations or other funds of any agency or department abolished or affected by the Mississippi Executive Reorganization Act of 1989 shall be transferred to the appropriate agency according to the merger of their functions under the Mississippi Executive Reorganization Act of 1989. The executive directors of agencies shall determine which employees shall be bonded, set the amount of bond, which shall be made by a surety company approved by the Secretary of State and the premiums paid as other expenses of administering the Mississippi Executive Reorganization Act of 1989. The executive director of any agency, where permitted by the rules, regulations and policies of the board, commission or authority of the agency, if any, shall also have authority to: Accept on behalf of the state gifts, trusts, bequests, grants, endowments, or transfers of property of any kind to be used for the sole benefit of the state; Use and expend funds coming to the agency from state, federal and private sources; Establish such rules and regulations as may be necessary in carrying out the provisions of the Mississippi Executive Reorganization Act of 1989; Formulate and administer policies of their respective agencies; Coordinate, supervise and direct all administrative and technical activities of the agency; Enter into contracts, grants and cooperative agreements with any federal or state agency, department or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with the carrying out of the provisions of the Mississippi Executive Reorganization Act of 1989, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature; Except where otherwise prescribed by law, prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the agency and the offices thereof, including a detailed statement of expenditures of the agency and any recommendations; Make provisions for adoption of rules, regulations and policy and provide for public inspection and filing of same; and other requirements set forth in the Mississippi Administrative Procedures Law in Section 25-43-1.101 et seq., except as otherwise provided by law.

Miss. Code Ann. § 7-17-7 Vacation of position of member of board, commission, council or authority upon change of residence; exception.

Any member of any board, commission, council or authority reconstituted under “the Mississippi Executive Reorganization Act of 1989 [Chapter 544, Laws of 1989]” shall be deemed to have vacated his position thereon if he changes his residence to another state or to a geographical area other than the one from which he was appointed if the statute specified that he shall be appointed from such designated geographical area. Provided, however, that this section shall not apply in the event the member was appointed from a district the boundaries of which have been altered by statute or court order.

Miss. Code Ann. § 7-17-9 Governor to appoint departmental advisory boards.

The Governor shall have the authority to appoint departmental advisory boards where otherwise required by law.

Miss. Code Ann. § 7-17-11 Organizational structure and nomenclature for budgetary purposes.

For budgetary purposes and organizational hierarchy purposes a common organizational nomenclature shall be used in the structure of state government. Organizations for such purposes shall be: Agency – the principal administrative organization of state government as defined in Section 25-9-107(d), headed by an executive director or such other official as prescribed by statute; Office – the principal organization of an agency; whenever the term “division” or any other term appears to denote the principal organization of a department, it shall mean “office” for purposes of this section; Bureau – the principal organization of an office; Division – the principal organization of a bureau; Branch – the principal organization of a division; Section – the principal organization of a branch; Unit – the principal organization of a section; Advisory board – a body appointed to function on a continuing basis to study and recommend solutions and policy alternatives to problems arising in a specific agency or program of state government. The nomenclature outlined in this section shall be only for budgetary purposes and organizational hierarchy purposes and shall not define job classifications or salary ranges. The State Personnel Board shall ensure that all agencies within state government as defined in Section 25-9-107(d) conform with the common organization nomenclature provided in this section, except where otherwise provided by law or determined to be necessary by the State Personnel Board.

Miss. Code Ann. § 7-17-31 Repealed.

Repealed from and after June 30, 1990, by terms of Laws, 1989, ch. 544, § 7(7). § 7-17-31 . [En Laws, 1989, ch. 544, § 7] Editor’s Notes — Former § 7-17-31 provided for the Reorganization Transition Council.

Miss. Code Ann. § 7-17-33 Transfer of powers, authority, duties, functions and funds; use of stationery and supplies of predecessor agency or department.

All power, authority, duties and functions of the boards, commissions, departments and agencies abolished by “the Mississippi Executive Reorganization Act of 1989 [Chapter 544, Laws of 1989]” shall, from and after July 1, 1989, vest in and be performed by the departments or agencies to which they are assigned. All records, personnel, property and unexpended balances of appropriations, allocation or other funds of the abolished departments or agencies, except those transferred elsewhere by other provisions of “the Mississippi Executive Reorganization Act of 1989”, shall be transferred under the direction of the State Fiscal Officer to the proper department or agency on July 1, 1989. The transfer of segregated or special funds shall be made in such a manner that the relation between program and revenue source as provided by law is retained. The newly created Department of Economic and Community Development and the newly created Department of Environmental Quality shall continue to use the stationery or other supplies having thereon the letterhead of their predecessor agency or department until such stationery or other supplies are depleted. Such newly created departments shall not expend any funds to purchase stationery or other supplies having thereon the letterhead of the newly created department until such time as the supplies of their predecessor agency or department are depleted as herein provided.

Miss. Code Ann. § 7-17-35 Agencies to assist in transition; rules and regulations; legislative intent concerning personnel reductions.

Each officer, department or agency subject to the provisions of “the Mississippi Executive Reorganization Act of 1989 [Chapter 544, Laws of 1989]” shall assist with the fullest degree of reasonable cooperation with any other officer, department or agency in carrying out the intent and purpose of “the Mississippi Executive Reorganization Act of 1989”. Each officer, department or agency subject to the provisions of “the Mississippi Executive Reorganization Act of 1989” is hereby authorized and empowered to promulgate all necessary rules and regulations not in conflict with “the Mississippi Executive Reorganization Act of 1989” necessary to accomplish an orderly transition pursuant to “the Mississippi Executive Reorganization Act of 1989”. It is the intent of the Legislature that the number of persons employed by the various departments and agencies as a result of the consolidation required by “the Mississippi Executive Reorganization Act of 1989” shall be reduced, but it is the intent of the Legislature that wherever possible, such reduction shall result from attrition of employees, assistance in relocating to other positions in state government for which they are qualified, and by assistance in locating employment in the private sector.

Miss. Code Ann. § 7-17-37 Procedures for eliminating and filling personnel positions; benefit rights of terminated employees.

Upon the decision by a department executive director to eliminate a personnel position, the executive director shall notify the State Personnel Board and the affected employee of the intention to eliminate the position. No employee shall be required to vacate an eliminated position prior to sixty (60) days from the date notice is sent to that employee. Executive directors hiring personnel to fill existing vacant positions shall first interview persons placed on the reduction in force list maintained by the State Personnel Board to fill positions for which they are qualified. If the executive director does not hire a person on the reduction in force list for a position for which he interviewed and is qualified, the executive director shall provide justification upon request by the interviewed person or the State Personnel Board. If an employee whose position is terminated by virtue of the executive branch reorganization brought about by “the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544]” is rehired by the State of Mississippi within three (3) years from the date of his termination, the employee shall have the same benefit date for leave accumulation purposes as he had when his position was terminated. Any accumulated leave benefits not given to the employee at the time his position was eliminated shall be restored to him upon his rehiring.

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