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To: Corrections;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Jackson, Gillespie Isom, Pope
SENATE BILL NO. 2772
AN ACT TO AMEND SECTION 25-9-131, MISSISSIPPI CODE OF 1 972, 1
TO CREATE AN INDEPENDENT REVIEW PANEL WITHIN THE EMPLOYEE APPEALS 2
BOARD TO HEAR GRIEVANCES INVOLVING THE PERSONNEL ACTIONS OF THE 3
MISSISSIPPI DEPARTMENT OF CORRECTIONS TO ENSURE FAIRNESS, 4
TRANSPARENCY AND CONSISTENCY OF PERSONNEL ACTIONS; AND FOR RELATED 5
PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 25-9-131, Mississippi Code of 1972, is 8
amended as follows: 9
25-9-131. (1) Any employee in the state service may appeal 10
his dismissal or other action adversely affecting his employment 11
status to the Employee Appeals Board created herein. The 12
proceedings before the Employee Appeals Board shall be de novo, 13
and the employee shall be afforded all applicable safeguards of 14
procedural due process. The Employee Appeals Board shall have the 15
authority to administer oaths and affirmations and to issue 16
subpoenas to compel the attendance of witnesses and the production 17
of books, papers, records or other documentary evidence upon a 18
showing of relevancy or materiality of the witnesses or documents 19
to an appeal pending before the board. Subpoenas so issued shall 20
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be delivered to the sheriff of the county where they are to be 21
executed, and the sheriff shall cause them to be served. In case 22
of the failure of any person to comply with any subpoena issued by 23
the board, the board or its authorized representative may invoke 24
the aid of any court of this state of general jurisdiction. The 25
court may thereupon order such person to comply with the 26
requirements of the subpoena. Failure to obey the order of the 27
court may be punished by the court as a contempt thereof. The 28
Employee Appeals Board may modify the action of the department, 29
agency or institution but may not increase the severity of such 30
action on the employee. Such appointing authority shall promptly 31
comply with the order issued as a result of the appeal to the 32
Employee Appeals Board. 33
(2) Any employee aggrieved by a final decision of the 34
Employee Appeals Board shall be entitled to judicial review 35
thereof in the manner provided by law. 36
(3) It is the intent of Sections 25-9-127 through 25-9-131 37
to supercede and replace any existing statutory procedure 38
conflicting in whole or in part which provides for the discharge 39
of state employees in any state agency. 40
(4) (a) Supplemental to any powers conferred to it by law, 41
the Employee Appeals Board shall be empowered to 42
establish an Independent Review Panel to hear grievable personnel 43
actions of the Mississippi Department of Corrections. 44
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ST: Correctional employee due process act;
create Independent Review Panel.
The panel shall be charged with ensuring the fairness, 45
transparency, and consistency of actions taken by the Mississippi 46
Department of Corrections. 47
(b) The Independent Review Panel shall consist of five 48
(5) persons appointed by the Employee Appeals Board to serve at 49
the board's will and pleasure. There shall at all times be at 50
least one (1) member of the board who is a former Department of 51
Corrections employee, one (1) human resource professional not 52
correctly associated with the Department of Corrections, and one 53
(1) attorney. 54
(c) The board may transfer any appeal from a decision 55
of the Mississippi Department of Corrections that adversely 56
affects an MDOC employee for resolution. Decisions of the 57
Independent Review Panel may be appealed to the Employee Appeals 58
Board. 59
SECTION 2. This act shall take effect and be in force from 60
and after July 1, 2026. 61