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To: Municipalities;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Clark
HOUSE BILL NO. 270
AN ACT TO CREATE THE "JOINT MUNICIPAL LAW ENFORCEMENT ACT"; 1
TO DEFINE CERTAIN TERMS; TO PROVIDE THAT TWO OR MORE 2
MUNICIPALITIES WITHIN ANY COUNTY THAT HAS SEVEN OR MORE 3
MUNICIPALITIES MAY ESTABLISH A JOINT POLICE DEPARTMENT IF THE 4
GOVERNING AUTHORITIES OF SUCH MUNICIPALITIES DETERMINE IT IS IN 5
THE BEST INTERESTS OF THE MUNICIPALITIES; TO PROVIDE THAT A JOINT 6
POLICE DEPARTMENT SHALL BE GOVERNED BY A BOARD; TO PROVIDE THE 7
MEMBERSHIP OF SUCH BOARD; TO PRESCRIBE THE ESTABLISHMENT PROCESS 8
OF A JOINT POLICE DEPARTMENT; TO PROVIDE THE RIGHTS AND DUTIES AS 9
WELL AS THE FUNDING MECHANISM FOR A JOINT POLICE DEPARTMENT; AND 10
FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. This act shall be known and may be cited as the 13
"Joint Municipal Law Enforcement Act." 14
SECTION 2. As used under this act: 15
(a) "Board" means the governing board of a joint 16
municipal police department. 17
(b) "Board member" means the mayor from each 18
participating municipality and the sheriff of the county, all of 19
whom shall compose the governing board of a joint municipal police 20
department. 21
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(c) "Joint department" means any joint municipal police 22
department formed under this act. 23
SECTION 3. (1) The governing authorities of two (2) or more 24
municipalities within any county that has seven (7) or more 25
municipalities may, by resolution, determine that it is in the 26
best interests of the municipalities to establish a joint 27
municipal police department. In determining whether or not to 28
establish a joint municipal police department to best serve the 29
needs of the citizens of the municipalities, the governing 30
authorities of a municipality shall take into consideration, but 31
shall not be limited to, the following: 32
(a) Whether or not a joint municipal police department 33
may be able to better serve and protect their citizens in a more 34
efficient and economical manner; and 35
(b) Whether or not savings and other advantages may be 36
realized by establishing a joint department. 37
(2) If a municipality within a county that has seven (7) or 38
more municipalities determines that it is in the best interests of 39
the municipality to create a joint department to provide police 40
protection and law enforcement for the municipalities, the 41
governing authorities of a municipality shall adopt a resolution 42
so finding (which need not prescribe in detail the basis for the 43
determination) and which shall set forth the names of the 44
municipalities which are proposed to be initial members of the 45
joint municipal police department. The resolution shall be 46
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certified to the governing authorities of each municipality who 47
shall thereupon disapprove or ratify the determination of 48
establishing such joint police department. Upon ratifying the 49
resolution, the governing authorities shall provide written notice 50
of such determination to the chief of police of each municipality 51
and its intent to establish a board for the joint department. 52
SECTION 4. (1) The joint department shall be governed by a 53
board that shall meet at least once a quarter and that shall be 54
composed of the mayor from each municipality and the sheriff of 55
the county wherein each municipality lies. 56
(2) The board shall have all of the rights and powers 57
necessary or convenient to carry out and effectuate the purposes 58
and provisions of this act, including, but without limiting the 59
following: 60
(a) To hire the police commissioner of the joint 61
department and set his or her salary; 62
(b) To set the budget of the joint department; 63
(c) To purchase and oversee weapons, uniforms, 64
equipment and other property that the joint department may need 65
for police protection and law enforcement as well loan property; 66
(d) To be the governing authority for the joint 67
department; 68
(e) To adopt bylaws for the regulation of the affairs 69
and the conduct of its joint department, and to prescribe rules, 70
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regulations and policies in connection with the performance of its 71
functions and duties; 72
(f) To adopt an official seal and alter the same at 73
pleasure for the joint department; 74
(g) To maintain an office at such place or places as it 75
may determine; 76
(h) To sue and be sued in its own name, and to plead 77
and be impleaded; 78
(i) To receive, administer and comply with the 79
conditions and requirements respecting any gift, grant or donation 80
of any property or money; 81
(j) To acquire by purchase, lease, gift or otherwise, 82
or to obtain options for the acquisition of, any property, real or 83
personal, improved or unimproved, including an interest in land 84
less than the fee thereof; 85
(k) To sell, lease, exchange, transfer or otherwise 86
dispose of, or to grant options for any such purposes with respect 87
to, any real or personal property or interest therein; 88
(l) To pledge or assign any money, rents, charges or 89
other revenues and any proceeds derived by the joint department 90
from the sales of property, insurance or condemnation awards; 91
(m) To make and execute contracts and other instruments 92
necessary or convenient in the exercise of the powers and 93
functions of the joint department under this act, including 94
contracts with persons, firms, corporations and others; and 95
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(n) To do all acts and things necessary, convenient or 96
desirable to carry out the purposes and to exercise the powers 97
granted to the joint department as prescribed under this act. 98
(3) Any two (2) or more board members shall file with the 99
Secretary of State an application signed by them setting forth (a) 100
the names of all proposed member municipalities; (b) the name and 101
official residence of each of the board members so far as known to 102
them; (c) a certified copy of the appointment evidencing their 103
right to office; (d) a statement that each governing authority of 104
each respective municipality appointing a board member has made 105
the aforesaid determination; (e) a statement that each governing 106
authority of each respective municipality has ratified the 107
resolution concerning the establishment of the joint department; 108
and (f) the name which is proposed for the joint department which 109
shall be "The Municipalities of ______________ Joint Police 110
Department." 111
(4) (a) The application prescribed under subsection (3) of 112
this section shall be subscribed and sworn to by such board 113
members before an officer or officers authorized by the laws of 114
the state to administer and certify oaths, and shall be 115
accompanied by a fee in the amount of Fifty Dollars ($50.00) 116
payable to the Secretary of State as a filing fee. 117
(b) The Secretary of State shall examine the 118
application and, if he or she finds that the name proposed for the 119
joint department is not identical to that of any other corporation 120
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of this state or of any agency or instrumentality thereof, or so 121
nearly similar as to lead to confusion and uncertainty, he or she 122
shall receive and file it and shall record it in an appropriate 123
book of record in his or her office. 124
(c) When the application has been made, filed and 125
recorded as provided under this act, the joint department shall 126
constitute a public body and a body corporate and politic under 127
the name proposed in the application. The Secretary of State 128
shall make and issue to the board members executing the 129
application a certificate of incorporation pursuant to this act 130
under the seal of the state, and shall record the same with the 131
application. The certificate shall set forth the names of the 132
member municipalities. 133
(5) In any suit, action or proceeding involving the validity 134
or enforcement of, or relating to, any contract of the joint 135
department, in the absence of establishing fraud in the premises, 136
shall be conclusively deemed to have been established in 137
accordance with the provisions of this act upon proof of the 138
issuance of the aforesaid certificate by the Secretary of State. 139
A copy of such certificate, duly certified by the Secretary of 140
State, shall be admissible in evidence in any such suit, action or 141
proceeding, and shall be conclusive proof of the filing and 142
contents thereof. 143
(6) Notice of the issuance of such certificate shall be 144
given to all of the proposed member municipalities by the 145
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Secretary of State. If a board member of any such municipality 146
has not signed the application to the Secretary of State and such 147
municipality does not notify the Secretary of State of the 148
appointment of a board member within forty (40) days after receipt 149
of such notice, such municipality shall be deemed to have elected 150
not to be a member of the joint department. As soon as 151
practicable after the expiration of such period of forty (40) 152
days, the Secretary of State shall issue a new certificate of 153
incorporation, if necessary, setting forth the names of those 154
municipalities which have elected to become members of the joint 155
department. The failure of any proposed member to become a member 156
shall not affect the validity of the corporate existence of the 157
joint department as long as there are a minimum of two (2) 158
municipalities in the joint department. 159
SECTION 5. Once a joint department is formed, as authorized 160
under this act, each participating municipality and county may 161
loan vehicles, weapons and other property to the joint department, 162
and the joint department shall have jurisdiction in all 163
participating municipalities of the joint department to execute 164
police protection and law enforcement. 165
SECTION 6. (1) Each participating municipality of a joint 166
department shall pay a proportionate amount of monies to fund the 167
costs of operating the joint department. The amount to be paid by 168
each municipality shall be determined by the population of each 169
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ST: "Joint Municipal Law Enforcement Act";
create.
municipality, with the greater share paid by the larger 170
municipality. 171
(2) In addition to the required funding prescribed under 172
subsection (1) of this section, the board of supervisors of the 173
county where each municipality lies is authorized to provide 174
funding to the joint department. 175
SECTION 7. This act shall take effect and be in force from 176
and after July 1, 2026. 177