Mississippi Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Mississippi, with full citations and the original source on every page.
Are hemp beverages legal to sell in Mississippi, and do they have to be under 0.3% THC?
Hemp beverages sit in a legal gray zone. Section 97-31-5 makes it unlawful to sell any drug, elixir, or compound that produces intoxication when drunk to excess unless state law specifically legalizes…
Can a Mississippi county pay each employee a $1,000 ARPA bonus for staying on the job during the pandemic?
No. Once American Rescue Plan Act funds enter the county treasury, state rules govern how they are spent. Miss. Const. Art. 4 §§ 66 and 96 prohibit a county from granting extra compensation for servic…
Does a town housing authority commissioner have to live inside the town, or can they live within five miles of the town?
Yes. Mississippi housing authority commissioners must reside within the housing authority's territorial jurisdiction, but that jurisdiction extends beyond the town limits. Under Miss. Code Ann. § 43-3…
Can a habitual offender in a Mississippi prison get conditional medical release if they're terminally ill, even though habitual offenders aren't eligible for parole?
Yes. Conditional medical release under Miss. Code Ann. § 47-7-4 is a separate and distinct program from parole under § 47-7-3. The habitual-offender exclusion in § 47-7-3 does not apply to § 47-7-4. A…
If I file a transfer-on-death deed in Mississippi, do I have to reapply for my homestead exemption?
No. A revocable transfer-on-death deed does not affect the owner's homestead rights during life, so no reapplication is required after filing. The homestead exemption keeps rolling forward annually un…
If a Mississippi county overpaid sick leave by mistake, can other employees donate leave so the worker can repay it?
Yes. If the county determines an administrative error caused an employee to be paid sick leave they had not earned, the employee can repay the county using leave donated by coworkers, as long as the d…
Can a Mississippi city accept land instead of cash to settle a special assessment debt the property owner owes?
Yes. The 2021 opinion concluded that under municipal home rule, a Mississippi city can accept real property in lieu of cash payment to satisfy a special-assessment debt, as long as the property is acq…
How many times must a Mississippi county advertise an ordinance, and can it post a shortened version online instead of the full text in the newspaper?
For ordinances not governed by a specific publication statute, Mississippi counties have no minimum number of newspaper runs and can post a shortened version on a county website. But if a particular t…
Can a Mississippi county provide group health insurance to part-time employees or non-salaried employees, and can it pick which employees to cover?
The 2021 opinion concluded that a Mississippi county can provide group health insurance only to employees who (1) work full-time for the county and (2) receive direct compensation from the county. Par…
Can a Mississippi county hire a chamber of commerce to manage a county-owned property and share offices, and does revenue generated have to flow through the county?
On the office-sharing question: yes. The 2021 opinion concluded that nothing prohibits a county and a chamber of commerce from agreeing, in a lawful management agreement, that the county retains offic…
Can a Mississippi school district sell laptop computers (purchased with COVID Equity in Distance Learning Act funds) to graduating seniors?
Yes. The 2021 opinion concluded that a Mississippi school district may sell laptop computers, purchased with grants under the Equity in Distance Learning Act (EDLA), to graduating twelfth graders. The…
Can a Mississippi county board of supervisors add secretarial expenses to the county prosecutor's base salary, raising the retirement and tax base?
No. The 2021 opinion concluded that the county prosecutor's salary (set by Section 25-3-9 based on county population and location) is separate from secretarial expenses paid under that statute or unde…
Does a Mississippi city judge in a city of 10,000 to 20,000 have to be a qualified elector of the county where the city sits?
No. The 2021 opinion concluded that Brookhaven's municipal court judge does not need to be a qualified elector of Lincoln County. Section 21-23-3 generally requires city judges in cities of 10,000+ to…
Can a Mississippi city forgive part of a cleanup assessment when the cost to clean up exceeds what the property is worth?
The AG concluded that cleanup assessments imposed under Section 21-19-11 are property liens that a Mississippi municipality cannot reduce, waive, or postpone, even when the cost exceeds the property's…
Can the membership on a Mississippi joint airport board be adjusted when one owner has been paying double the cost?
Yes. The 2021 opinion concluded that the statutes governing joint airport boards (Sections 61-5-33 to 61-5-41) permit revision and amendment of the joint agreement, including the number of board membe…
Can a Mississippi special-charter city's board of mayor and selectmen remove school board trustees mid-term or change school board term lengths by ordinance?
No on both counts. The 2021 opinion concluded that the City of McComb's Board of Mayor and Selectman cannot remove a school board trustee mid-term and cannot adopt an ordinance conflicting with state-…
When a Mississippi statute says "latest available federal census," do you use the prior official census or the new one's preliminary numbers?
The 2021 opinion concluded that until the 2020 census numbers became finalized and official, the official 2010 census numbers were the "latest available federal census" for Section 21-23-3 (governing …
Can a Mississippi pretrial detainee held in their home county vote absentee on the disability excuse?
Only if they actually have a temporary or permanent physical disability. Detention itself is not a disability under § 23-15-713(d). Whether a particular elector qualifies is a case-by-case determinati…
Can a Mississippi county board of supervisors shrink, dissolve, or audit the trustees running a county hospital?
The 2020 opinion concluded a Mississippi board of supervisors could (1) decline to fill an at-large hospital trustee vacancy, letting the trustee board operate with six members until it could shrink t…
Can a Mississippi county tax assessor send employees home with pay during COVID without the Board of Supervisors' approval?
The AG concluded that under Executive Order 1460 and H.B. 1647 (2020), only county boards of supervisors, municipal governing authorities, and local school boards could grant administrative leave with…
Can a Mississippi municipal court expunge a first-offense drug-related DUI?
The AG concluded that a Mississippi municipal court could expunge a first-offense drug-related DUI that had been nonadjudicated under Section 63-11-30(14), but could not expunge any DUI conviction. Co…
Can a Mississippi municipal court start its own veterans treatment court for misdemeanor cases?
The AG concluded that the Greenwood Municipal Court could not create a municipal veterans misdemeanor treatment court. Only the Mississippi Legislature can establish inferior courts, and the Legislatu…
What does it mean that the Mississippi Civil Rights Education Commission is assigned to the Secretary of State 'for administrative purposes only'?
The Mississippi Secretary of State assists the Civil Rights Education Commission with managing activities and organizational tasks. The SOS has no statutory funding obligation, no authority over the C…
Can a sheriff's deputy who also moonlights as a town police officer write a town traffic ticket while on duty as deputy sheriff?
No. A sheriff's deputy on duty as deputy sheriff has no authority to issue a municipal traffic citation returnable to municipal court, even if the same person also moonlights as a town police officer.…
Can a Mississippi town deed homes to long-time residents to make up for Community Block Grant houses that were promised but never built?
Generally no. A Mississippi municipality cannot deed municipally-owned property to individual citizens because that is an unlawful donation. The narrow exception is § 43-35-503: if the Town of Gunniso…
How does a Mississippi joint airport board dispose of abandoned personal property left at the airport?
A Mississippi joint airport board created under § 61-5-37 can dispose of abandoned personal property using the county procedure (§ 19-3-85) or the city procedure (§ 21-39-21), unless the joint agreeme…
Can a Mississippi county make all employees take their paychecks by direct deposit?
No. A Mississippi county can offer direct deposit, and may pay an employee electronically once the employee agrees, but it cannot make direct deposit mandatory for all county employees. Mandatory dire…
In Mississippi, do you have to get a community mental-health screening before filing a commitment affidavit?
No. A relative or interested person can file an affidavit with the chancery clerk first. After the chancellor directs, the sheriff transports the person to a community mental health center for the pre…
Can a Mississippi public school district bus non-district students to a special STEM program?
Yes, conditionally. If the school board determines a program is a 'special or alternative program' under § 37-41-3, the district may transport non-district students, provided no additional public fund…
Can a Mississippi county dispose of a public park, give credit for past church donations, or contract with a church to operate it?
A Mississippi county may sell, lease, or convey a public park if its board finds the park is no longer used for county purposes and follows Section 19-7-3's bid process. The county may also contract w…
If a re-elected Mississippi alderman was never sworn in for the new term, are the votes still valid?
Assuming the city's special charter is silent, the alderman is a de facto officer at minimum, and Section 25-1-37 makes the official acts of de facto officers valid and binding. Mississippi law expect…
Can a Mississippi city repair a drainage ditch on private property to fix flooding and erosion?
Yes. Section 21-19-13(2) authorizes a Mississippi municipality to provide labor, materials, and supplies to clean drainage ditches and prevent erosion on public or private property, after the city mak…
Can a Mississippi city and county jointly pave roads using the county's existing paving contractor without violating purchasing laws?
Yes. The Mississippi Interlocal Cooperation Act (§§ 17-13-1 et seq.) lets a city and county act jointly through a lawful interlocal agreement, including for road paving, even though a city cannot dire…
In a Mississippi mayor-council city, who controls and evaluates the civil service commission's secretary, the mayor or the commission?
For commission work, the civil service commission controls. The commission appoints the secretary under § 21-31-7, can suspend or discharge them under the same procedure used for commissioners under §…
Can a Mississippi city give its share of jointly owned surplus property to the county for free so the county can pass it to a nonprofit?
Not as a donation. Mississippi cities are generally prohibited from donating real property without statutory authority. The only practical path here is for Batesville's governing authority to make a f…
Can a Mississippi city's board of aldermen reverse an earlier ordinance making the police chief an appointed position and switch back to electing the chief?
Yes. Under Miss. Code Ann. § 21-3-3 and §§ 21-13-1 et seq., a code charter municipality has full authority to pass, amend, or repeal ordinances. Brookhaven's Board of Aldermen can amend, repeal, or re…
Does Mississippi's HB 1365 ban on private election funding cover student art and essay contests about voting?
It depends on the facts. HB 1365 prohibits Mississippi election officials from soliciting, accepting, using, or disposing of private donations for election-related expenses or voter education, outreac…
Can a Mississippi school board member also serve on a joint airport board, or does the separation of powers prohibit it?
Yes. The 2021 opinion concluded that simultaneous service on a Mississippi public school board and a joint airport board does not violate the separation of powers doctrine. Both boards exercise execut…
Can a Mississippi school district reclassify Sixteenth Section land from commercial to residential during an existing 25-year lease, when the lessee wants to live there?
Yes. The 2021 opinion concluded that a Mississippi school board may reclassify Sixteenth Section land from commercial to residential during an existing lease, provided (1) the tract qualifies under th…
During COVID, can a Mississippi school district close schools and keep paying employees who didn't work?
The AG concluded that the Cleveland School Board could close schools for the COVID-19 epidemic under Section 37-13-65 if it made the required factual findings, subject to the 180-day school-session ru…
Can a Mississippi HOA charge a transfer fee when a homeowner sells the property?
The 2020 opinion confirmed that Mississippi's 2019 ban on private transfer fees in § 89-1-69 left a carve-out for HOA transfer fees: a property owners' association in a subdivision with more than one …
Can a Mississippi city let private organizations or the chamber of commerce use the municipal auditorium without paying a fee?
The 2020 opinion concluded that a Mississippi city did not have to charge fees to non-municipal users of a municipal auditorium, but had to recover any direct costs (utilities, cleaning) the city incu…
Can a Mississippi town shut off water service from another utility to collect on its own sewer bill?
No. Under Miss. Code Ann. § 21-27-23(e), a Mississippi municipality can discontinue services for nonpayment, but only services the municipality itself provides. The Town of Flora does not own the wate…
Are National Guard Active Guard Reserve members 'active members of the U.S. Armed Forces' for Mississippi school-choice purposes?
Yes. Members of the National Guard Active Guard Reserve qualify as 'active members of the United States Armed Forces' under Section 37-15-29(5)(a). Their children may enroll in any Mississippi school …
Can the Mississippi Department of Agriculture accept donated land from a county economic development authority for grading and inspection facilities?
Yes. Section 69-7-115 allows the Mississippi Department of Agriculture and Commerce to acquire land by donation, purchase, lease, or condemnation in the State's name, subject to Department of Finance …
If a Mississippi statute lets the police mail notice for unpaid traffic fines but a Supreme Court rule requires personal service, which one wins?
The court rule controls. Mississippi Rule of Criminal Procedure 26.6(d) requires personal service of a summons before a court can issue an arrest warrant for unpaid fines. Section 63-1-53(1) authorize…
Can a Mississippi county board of supervisors give just one hour of notice for a special meeting under the Open Meetings Act, or do they have to follow the longer five-day requirement in the supervisors' statute?
No. The 2021 opinion concluded that the one-hour posting under Section 25-41-13(1) is supplemental to, not a substitute for, the five-day publication required by Section 19-3-19. Boards of supervisors…
Are first responders who die from COVID-19 contracted on duty eligible for Mississippi's $100,000 line-of-duty death benefit?
Yes. The 2021 opinion concluded that COVID-19 deaths fall within the 'covered cause of death' definition in Mississippi's first responder death-benefits statute (Section 45-2-1). The Mississippi statu…
If a Mississippi city missed the original deadline to grant an industrial replacement-equipment tax exemption, can it still grant a new application years later?
Yes, but only going forward. A Mississippi municipal authority can grant a new (subsequent) replacement-equipment tax exemption application even after the original June 1 filing deadline was missed. T…
If a Mississippi city employee's brother gets elected to the city council, can the employee still be promoted, and can a board fix a nepotism mistake with a nunc pro tunc minute entry?
No to promotion, generally. Mississippi's nepotism statute (Section 25-1-53) lets an employee keep an existing covered position when a relative becomes the appointing authority, but does not let the e…
If no probation revocation hearing happens within 21 days, must the Mississippi sheriff release the probationer?
Yes. Section 47-7-37(3) makes release mandatory if a probation revocation hearing is not held within 21 days of detention. The sheriff physically holds the probationer and must release them, even if t…
Can a Mississippi jail buy a washing machine and clothes dryer for inmate uniforms with canteen funds?
Yes. A Mississippi sheriff may use inmate canteen funds to buy a washing machine and clothes dryer for inmate uniforms, so long as the purchase is made 'for the benefit and welfare of the inmates inca…
Can a Mississippi county use public law library funds to buy metal detectors for the courthouse?
Yes. Section 19-7-31 authorizes a Mississippi county board of supervisors to use public law library funds to purchase equipment for the library, and metal detectors at the entrance of a courthouse tha…
Can a Mississippi county contract with a hospital and a private ambulance provider to subsidize ambulance services without competitive bidding?
Yes on all three counts. A Mississippi county may contract with a public hospital and the hospital's private ambulance provider for ambulance services under Section 41-55-3, may subsidize a private am…
Can Mississippi's Wildlife Commission allow commercial trade of farmed white-tailed deer between licensed breeders?
Yes. Mississippi generally bars buying or selling game animals (§ 49-7-51), but the statute carves out trade 'specifically permitted by law or regulation.' The Commission has plenary authority over wh…
Can a Mississippi justice court ask city police to serve criminal contempt warrants when constables and the sheriff have failed?
Yes, within municipal jurisdiction. Under MRCrP 3.2 and § 99-3-1, municipal police can serve justice court arrest warrants when the suspect is within city limits. But § 25-7-25 has no provision author…
Can a Mississippi tax collector seize and sell personal property over a lender's lien to collect delinquent personal property taxes?
Yes. Under § 27-41-101 a Mississippi tax collector can give notice, file a tax lien with the circuit clerk for enrollment as a judgment, and issue a warrant under § 27-41-103 directing the sheriff to …
How does a Mississippi county decide if a 501(c)(3) qualifies for property-tax exemption as a charitable society?
The board of supervisors decides. 501(c)(3) status alone does not exempt property under § 27-31-1(d). The Board must determine that the entity is actually a charitable society and that the property is…
Can a Mississippi sheriff accept an electronic bail bond, or do bail bonds count as 'court documents' that require a paper signature?
A bail bond is a 'court document' under Miss. Code Ann. § 9-1-51(e). The Uniform Electronic Transactions Act expressly does not apply to court documents executed in connection with court proceedings, …
Does a Mississippi constable get the bailiff fee on a court day if court gets cancelled before it starts?
No. Under §§ 19-19-8 and 19-25-31, a constable serving as bailiff is paid only when the court is in session. If court is cancelled before any session, the constable does not earn the bailiff fee for t…
How does a tiny Mississippi town like Satartia enforce speed limits and write traffic tickets?
A Mississippi town governs traffic by passing ordinances and employing a police force or marshal under §§ 21-13-1 and 21-21-3. The municipal court clerk issues uniform traffic ticket books. Towns unde…
Can a Mississippi city pay incentive bonuses to municipal employees with ARPA funds?
Yes, if structured prospectively. A Mississippi city can pay incentive pay to municipal employees if (1) contracted before the services are performed, (2) measured by objective standards, and (3) earn…
If a Mississippi town owns underground utility lines, can its agent show up and verbally point them out instead of marking them?
Yes, with limits. Under § 77-13-9(2), a municipal utility owner can be onsite when excavation begins and verbally locate lines instead of marking them. But Sections 77-13-1 et seq. impose other duties…
Can a Mississippi school district give veterans free admission to athletic events?
No. Once a Mississippi school charges admission, the money is public funds. Giving free tickets to a class of people (even veterans) is an unlawful donation under Miss. Const. Art. 4 § 66. Cities and …
When a Mississippi municipality buys taxable land, who pays the year's property taxes, and can the county forgive them?
The 2021 opinion concluded: (1) A Mississippi municipality may, as part of its purchase agreement, agree to pay current-year ad valorem taxes, but cannot assume the seller's tax liability. The seller …
Can a Mississippi city's recreation department give participants free arts/crafts and run after-school programs without charging fees?
Yes. The 2021 opinion concluded that Mississippi cities have broad authority to fund recreation department programs with public funds, providing free arts and crafts supplies, after-school activities,…
Who pays for mental health treatment between civil commitment order and admission to a Mississippi state hospital?
The committed person's county of residence is statutorily responsible for the costs of treatment before admission to a Mississippi state-operated facility, on top of the court-process costs already ca…
After the 2024 amendment to Mississippi's voter ID law, can a voter use an expired driver's license to vote?
After the 2024 amendment to Section 23-15-563, a Mississippi driver's license used to vote must be 'valid' but not necessarily 'current.' 'Valid' means an official government document that establishes…
Can a Mississippi school district reclassify Sixteenth Section land and lease it to the city as a rubbish (yard waste) site?
The 2021 opinion concluded that a Mississippi school board has authority to reclassify Sixteenth Section land when conditions change, but reclassification must be based on the highest and best use for…
Can a Mississippi game warden write you a traffic ticket on a county road?
Yes. Section 49-1-43(4)(d) gives Mississippi conservation officers (game wardens) broad warrantless arrest authority for any misdemeanor or felony committed in their presence. The AG read that to incl…
Can a Mississippi property owner block a public alley with a fence, and what can the city do?
A public right-of-way is the public's right of passage on roads, alleys, and similar thoroughfares. A property owner cannot permanently obstruct one. Mississippi cases have ordered removal of fences a…
Can a Mississippi city charge a franchise fee on an electric co-op's broadband affiliate?
No. Mississippi's 2% franchise fee under Section 77-3-17 covers public utility services, but broadband is excluded from the definition of 'public utility' under Section 77-3-3(d)(iii). The Mississippi…
If a Mississippi city attorney does work for a separately-funded tourism commission, who pays?
The city. Under § 21-15-25, the municipal attorney is paid by the municipality. If the work for the Greenwood Tourism Commission falls outside the contracted-for duties, the city can pay additional co…
Does Mississippi's $400 cost cap in commitment proceedings cover hospital and physician fees, or just court costs?
All costs incidental to court proceedings. The $400 cap in § 41-21-79 includes court costs, prehearing hospitalization, transportation, attorney fees, and physician/psychologist/nurse fees. The cap ap…
Does Mississippi's Fresh Start Act limit the Massage Therapy Board's ability to deny a license based on a criminal record?
The 2020 opinion concluded that the Mississippi Massage Therapy Board's specific licensing statutes qualified as 'applicable state law' that overrode the Fresh Start Act's general restrictions on usin…
Can a Mississippi county board waive the 10% penalty for failure to file a personal property tax rendition if the taxpayer paid the back taxes once they learned of the mistake?
No, with a narrow exception. The 10% penalty under Section 27-35-45 for failure to file a personal property tax rendition is mandatory; neither the board nor the assessor can waive or forgive it. Howe…
Can a Mississippi city spend public money to promote a non-binding referendum's outcome the city wants?
No. The 2021 opinion concluded that the City of Diamondhead may not lawfully expend municipal funds to promote non-binding referenda where the promotion is meant to influence the outcome. The Mississi…
Can a Mississippi city pay back a homeowners' association that mistakenly paid electric bills for a sewer pump station the city actually owns?
Yes, if the city makes the right factual findings. A Mississippi municipality can pay a settlement under Miss. Code Ann. § 25-1-47 if the claim is bona fide and just and the municipality determines it…
If a Mississippi county finds out it has been underpaying its justice court judges for years, how far back can it go to make them whole?
Three years generally. Mississippi's three-year statute of limitations under Miss. Code Ann. § 15-1-49 applies to unpaid-compensation claims against a county. The clock starts when the plaintiff first…
Can a Mississippi school district hire a contractor whose brother is the district's business manager?
Yes, but watch the conflict-of-interest rules. Mississippi's general nepotism statute (§ 25-1-53) is not violated because the contractor's position (concrete work) is not a 'prohibited position' under…
In Mississippi, does a misdemeanor traffic ticket need a separate general affidavit to start a criminal case, or is the ticket itself enough?
A traffic ticket is enough. Mississippi law treats a sworn traffic ticket as a 'sworn affidavit' satisfying § 21-23-7(1)'s requirement that criminal proceedings be brought by sworn complaint. The Miss…
Can Mississippi voters use electronic signatures on a written protest against a municipal bond, or do they have to sign by hand?
No. Electronic signatures cannot be used on the written protest required by Miss. Code Ann. § 21-33-307 to force a bond election. § 1-3-61 generally requires handwritten signatures unless another stat…
When a Mississippi alderman buys a house outside their district, do they automatically lose their seat, or can they stay until they change their homestead exemption?
An alderman vacates the office when they abandon their municipal residence for another residence outside the district with no intent to return. Just buying a home outside the district doesn't automati…
Can a Mississippi city repave a street with public money and then close the street so a private business gets the property?
No. A Mississippi city cannot expend public funds to improve a street and then vacate it so the property reverts to a private landowner. That sequence converts the public expenditure into a benefit fo…
Can a Mississippi county refuse to contract with a company owned by someone who has been convicted of embezzling public funds?
No. Miss. Code Ann. § 25-1-113 prohibits Mississippi state and local governments from employing a person convicted of certain felonies involving public funds. It does not extend to contracts with corp…
Can a Mississippi city donate cash to a local cancer-awareness nonprofit foundation?
Conditionally yes, but only as matching funds. Under Miss. Code Ann. § 21-17-1(8), a Mississippi city may use municipal funds to match state, federal, or private funding for any program run by a 501(c…
Can a Mississippi city license its logo to a private company in exchange for fees per customer the company signs up?
A Mississippi city has authority under home rule to enter a non-exclusive agreement letting a private company use city branding in exchange for payment, but only if it serves a proper municipal purpos…
Can a Mississippi district attorney investigate and rule on the merits of misdemeanor affidavits filed in justice court?
No. The 2021 opinion concluded that Mississippi district attorneys do not have authority to investigate and make merits findings on misdemeanor affidavits filed in justice court. That authority rests …
When does a Mississippi justice court lose jurisdiction over a felony case it has been handling preliminarily?
A Mississippi justice court loses jurisdiction over a felony charge when the defendant is bound over to the grand jury or waives the preliminary hearing. Until then, the justice court keeps jurisdicti…
Can a Mississippi county board of supervisors retroactively raise a county court judge's salary for a previous year if it failed to do so at the time?
No. As long as the salary already met the statutory minimum for that year, the Board cannot retroactively increase it. Section 96 of the Mississippi Constitution prohibits extra compensation after ser…
Can a Mississippi board of supervisors raise its salary based on a higher valuation tier and ALSO take the $2,000 boost in the same fiscal year?
No. If a board of supervisors approves a salary increase under Miss. Code Ann. § 25-3-13(2) effective during a fiscal year, board members 'are not eligible for any additional salary increases for that…
Can a Mississippi city give a certified farmers' market free use of a city-owned parking lot, instead of charging rent?
Yes. Miss. Code Ann. § 21-19-69 allows a Mississippi municipality to donate funds to a certified farmers' market operating in the city, up to the equivalent of a one-fourth (¼) mill ad valorem tax on …
When a Mississippi rural water association tears up a paved county road to fix a water line underneath, who pays to repair the road?
Rural water associations may access their water lines under county roads, but Miss. Code Ann. § 11-27-47 makes them responsible for any damage they cause. The county cannot pay for that damage but may…
Can a Mississippi community college let an elected official use its facilities for free to host a college and career fair?
Yes. Mississippi community college boards of trustees have broad authority over the operation of the college under Miss. Code Ann. § 37-29-67. The board may, in its discretion, allow an elected offici…
If a Mississippi city's only bidder on a road project comes in over budget by more than 10%, can the city negotiate the price down?
No. Miss. Code Ann. § 31-7-13(d)(iv) only allows negotiation with the lowest bidder if the bid is not more than ten percent above the funds allocated for the project. The Mississippi Supreme Court con…
Can a Mississippi county board of supervisors override the tax assessor/collector's chosen effective date for employee raises?
No. As long as the raises fit within the tax assessor/collector's approved annual budget, the elected tax assessor/collector decides the effective date of prospective raises for the office's employees…
Can a Mississippi sheriff also draw separate pay for running the county's FEMA Safe Room?
Yes. The salary cap in Miss. Code Ann. § 25-3-25 applies only to a sheriff's pay for performing sheriff duties. A sheriff can hold separate employment, like running a FEMA Safe Room in the county emer…
Can a private vendor manage Mississippi sheriff's deputies' off-duty security work and charge clients an additional fee for profit?
Section 17-25-11 does not prohibit a third-party vendor from facilitating sheriff's deputies' off-duty security details and charging the client an additional fee for profit, as long as Section 17-25-1…
Can a Mississippi city give a developer cheap surplus land for condos and count economic benefits as 'good and valuable consideration'?
The AG concluded that the City of Vicksburg could declare three parcels surplus and convey them to a developer under Section 57-7-1 for condominium development as commercial use. Non-monetary economic…
When a power company files an apportionment error on its public utility property, can the county tax collector fix the error to redistribute taxes correctly among the taxing districts?
No. A Mississippi county tax collector has no authority to unilaterally correct errors in the apportionment of public-utility assessment values approved by the Department of Revenue. The Department of…
Can a Mississippi city locate a polling place outside its city limits to align with the county?
No. Miss. Code Ann. § 23-15-557 lets a municipality choose how many precincts and where polling places are, but every polling place must be within the city limits. Aligning with county precincts is al…
Can a Mississippi county pay for or reimburse a county supervisor's home internet service so they can do county business from home?
Conditionally yes. The 2021 opinion concluded that a Mississippi county cannot pay for or reimburse a supervisor's home broadband unless the board finds, consistent with the facts and entered on the m…
What population threshold determines whether a Mississippi city must appoint a municipal judge who lives in the same county?
The 2021 census applies once finalized. Cities with 20,000 or more residents must appoint a municipal judge who is both an attorney and a qualified elector of the county where the city is located. Cit…
Is Mississippi's law requiring county election commissioners to pass a skills test after election unconstitutional under Article 12, Section 250?
Statutes passed by the Mississippi Legislature are presumed constitutional until a court of competent jurisdiction holds otherwise. The AG declined to opine on whether Section 23-15-213(1)'s skills-as…
How does a Mississippi city handle unclaimed cash found by police, and does a court order have to authorize transfer to the city general fund?
When Mississippi police find unclaimed cash that is not part of a criminal investigation, Section 21-39-21 governs disposal: post notice in three public places, wait 120 days for any owner to claim it…
Do unpaid dividends from a self-insured workers' comp group have to be remitted to the Mississippi State Treasurer as unclaimed property?
No. The Mississippi Unclaimed Property Act (§ 89-12-1 et seq.) was amended in 2006 to exclude 'future or prior dividends' made by self-insured workers' compensation groups from the definition of intan…
In Mississippi, do state legislators and other state district officers face a runoff election if no candidate gets a majority, or does that rule only apply to statewide officers?
Only statewide elected officials. The phrase 'the state officers' in Miss. Code Ann. § 23-15-193 refers to the eight statewide offices in Section 140 of the Mississippi Constitution: Governor, Lieuten…
How may a Mississippi city spend opioid settlement funds, and can it donate those funds to a nonprofit?
Litigation settlement funds, including opioid settlement money, become public funds when received by a Mississippi city. They must be expended in accordance with state law. Cities are prohibited from …
In a Mississippi code-charter city, can the mayor issue an ordinance, and can the board of aldermen override one if he does?
The board of aldermen has exclusive authority under Section 21-3-15 to adopt ordinances (including resolutions and orders) in a Mississippi code-charter municipality. A mayor's attempt to issue an ord…
Can a Mississippi school superintendent close schools without first getting approval from the school board, even in an emergency?
No. The 2021 opinion concluded that a Mississippi school superintendent cannot close schools without first being authorized by the school board. The closure statutes (Sections 37-13-64 for weather and…
Can a Mississippi county lower its tax levy for the local junior college below last year's level?
The AG concluded that under Section 37-29-141, a Mississippi county is not permanently locked into 3 mills for junior college support and 3 mills for enlargement, but it cannot reduce its levy from on…
How long does the buyer at a Mississippi tax sale have to wait before getting the deed?
The AG concluded that under Section 27-45-3, the redemption period for a Mississippi tax sale is two years from the date of the sale, and a chancery clerk cannot issue a tax deed before that period ru…
Can a Mississippi county pay an elected official 'leave with pay' under House Bill 1647, and when must constables be paid for state cases the prosecution loses?
The 2020 opinion concluded that elected officials like circuit clerks, chancery clerks, and constables were not 'employees' eligible for administrative leave with pay under House Bill 1647 (the 2020 e…
Can a Mississippi city hire a private company to take payments on the city's water and sewer bills?
The AG concluded that a Mississippi municipality may contract with a private business to bill and collect water and sewer fees under Sections 21-27-7 and 21-27-11. The AG declined to suggest specific …
What dollars count when the Mississippi Charter School Authorizer takes its 3% from a charter school?
The AG concluded that the Mississippi Charter School Authorizer's statutory 3% per-pupil allocation under Section 37-28-11 should be calculated on the same dollars that flow to the charter under Secti…
Can a Mississippi county pay 'hazard pay' to its employees for working through COVID?
The AG concluded that a Mississippi county could pay COVID hazard pay only if the incentive was contracted for before the services were performed, set by objective standards, and earned by personal se…
Can a Mississippi county pay rent for a district attorney's office that isn't in the courthouse?
The AG concluded that a Mississippi county Board of Supervisors could rent or fund the rental of office space for the district attorney if the Board determined the funding was necessary for the proper…
Do Mississippi corrections officers, parole officers, or health-department compliance inspectors exercise 'core powers' of the executive branch?
Whether a particular Mississippi corrections officer, parole officer, or Department of Health compliance inspector exercises 'core powers' of the executive branch (and is therefore barred from also se…
Can a Mississippi sheriff use inmate canteen funds to buy a boiler valve and a jail laundry washer and dryer?
Yes to both. Section 19-3-81(1)(b) lets the sheriff spend inmate canteen money on educational expenses, equipment, supplies, and equipment maintenance for the benefit and welfare of inmates. A boiler …
After Mississippi's 2024 amendment, does circuit court or chancery court have jurisdiction over civil commitment when a respondent has felony charges?
After the 2024 amendment to Section 41-21-63 by HB 1088, circuit courts have exclusive jurisdiction over civil commitment proceedings for respondents with unresolved felony charges. Chancery courts re…
Can a Mississippi city contribute funds to maintain rivers and drainage outside city limits?
A Mississippi city may contribute public funds to maintain rivers and drainage outside its corporate limits only if the city makes a factual finding that the work promotes the health, comfort, and con…
Can a Mississippi community college nursing program require students to get the COVID-19 vaccine?
Generally no. HB 1509 makes it unlawful discrimination for a Mississippi public community college to deny educational opportunities based on COVID-19 vaccination status, including in nursing programs.…
When the Mississippi Workers' Compensation Commission hires, fires, promotes, or demotes staff, does the chairman decide alone or does the full Commission act as a body?
It depends on the action. The chairman acts alone on day-to-day administrative work and case-assignment decisions. But for promulgating rules and regulations, including rules for the appointment, prom…
If a foreign individual buys more than 320 acres of Mississippi farmland, is the deed automatically void, or does the land go to the state through escheat?
The transfer itself is not declared null and void by Section 89-1-23. Instead, land held or acquired contrary to the statute 'shall escheat to the state.' That distinction matters: the deed is effecti…
How long can a Mississippi school board contract last when board members serve staggered five-year terms?
Three years. Without specific statutory authority, contracts cannot extend beyond the term of a majority of current board members. With five members on staggered five-year terms, a majority of three c…
Can a Mississippi city use a quitclaim deed to release old use restrictions and a right of first refusal on property it sold years ago?
Yes. Section 89-1-25 lets the city execute a quitclaim deed releasing the use restriction and option of first refusal without consideration and without re-bidding, after entering an order on the minut…
Does a Mississippi county have to use reverse auction to purchase road and bridge construction equipment over $75,000?
No. The 2022 amendment to § 31-7-13(c)(i)(2) excludes reverse auctions for any contract for design, construction, improvement, repair, or remodeling of public facilities, including the equipment purch…
Can a Mississippi tax assessor compound the 10% penalty year over year when a taxpayer fails to file a rendition for personal property?
No, the 10% penalty does not compound. Section 27-35-45 increases the current year's assessment by 10% if a taxpayer fails to list taxable personal property. The statute does not provide for compoundi…
Can a Mississippi county pay for a feasibility study on converting a vacant school into an artist residency to boost tourism?
The 2021 opinion concluded that the Coahoma County Board of Supervisors could engage a firm to conduct a feasibility study on whether to redevelop a vacant school building as an artist residency to en…
Does Mississippi's nepotism law block a city from hiring the mayor's grandson as a parks-department laborer?
The 2021 opinion concluded that Mississippi's nepotism statute (§ 25-1-53) was not violated when the Ridgeland Board of Aldermen hired the mayor's grandson as a parks-and-recreation laborer. The statu…
Can a Mississippi Parole Board member get travel reimbursement without violating the per diem ban that applied to Board members in 2021?
The 2021 opinion concluded that Mississippi Parole Board members could submit expense vouchers and be reimbursed for actual and necessary travel expenses (mileage, meals, lodging) under § 25-3-41 with…
Can a Mississippi county sell a sidearm to a constable who didn't run for reelection and wasn't vested in PERS?
No. Section 45-9-131 requires retirement under a state retirement system OR 10 continuous years of service. A constable who chose not to run for reelection and didn't vest in PERS qualifies for neithe…
Can a Mississippi school district treat an online shopping cart printout as a competitive bid for purchases between $5,000 and $50,000?
No. Section 31-7-13(b) requires competitive written bids on the buying agency's bid form or vendor's letterhead/identifiable bid form, signed by authorized vendor personnel. A printed online shopping-…
Can a Mississippi city prepay three years of lease payments for ALPR cameras using a federal grant that must be spent in the same fiscal year?
Probably yes. Prepayment of a multi-year lease is not an unlawful municipal donation if the city receives the leased equipment in exchange. Whether the receipt constitutes good and valuable considerat…
When all justice court judges in a Mississippi county recuse, who appoints the substitute and who pays?
The circuit court judge of the district appoints a substitute justice court judge from another county under Uniform Justice Court Rule 7. The substitute gets reimbursed for expenses under § 25-3-41 on…
Does a Mississippi city have to collect underbilled utility amounts from customers when the city's own error caused the underbilling?
Yes. A Mississippi municipality must collect underbilled utility amounts even when the customer paid the original bill in full as issued. Article IV Section 100 prohibits forgiving real debt, and the …
If a Mississippi county orders road equipment before the supervisors' last six months in office but the equipment doesn't arrive until after the cutoff, does that violate the six-month rule?
No violation. Mississippi Code § 19-11-27 prohibits a board of supervisors from buying machinery or equipment in the last six months of their term. The 'buying' happens when the purchase requisition r…
Can a Mississippi city use automatic license plate readers to issue insurance violation tickets, working with a private vendor and the state's MVIVS database?
Limited yes. § 17-25-19 bans ALPRs paired with traffic signals or radar for traffic enforcement. ALPRs not so paired can be used for criminal enforcement. MVIVS data goes to authorized entities only w…
Can the Mississippi Insurance Commissioner require auto insurers to send driver coverage data daily, and can a state agency share that data with a third-party vendor?
Only DPS, not the Insurance Commissioner, can require insurers to provide motor vehicle policy data, and the cap is once every 30 days. Third-party vendors can receive MVIVS data only if DPS authorize…
Can a Mississippi city return donated land to the donor for free if the city decides the donation was a mistake?
Generally no, unless the deed contained a reverter clause. Alternative paths: reform the deed for a scrivener's error, or transfer as surplus property if the donor qualifies as a tax-exempt nonprofit …
Can Mississippi's child-protection agency spend its state funds to buy a parent a car or pay private-school tuition for a child in state custody?
Before July 1, 2023, no. Mississippi Department of Child Protection Services state funds could not be used to buy a vehicle for a parent of a child in agency custody, or to pay private school tuition …
Does a Mississippi town have to withhold state income tax from aldermen's pay and from the city attorney's pay?
For state taxes, aldermen are employees of the town and their pay is subject to state income tax withholding. The city attorney is either a town employee or an independent contractor, depending on fac…
Can a Mississippi city require apartment complexes and multi-unit housing developments to install security cameras and turn over the recordings to police?
No. A Mississippi city is not authorized under § 21-17-5 (home rule) or § 21-19-15(1) (police regulations) to require private apartment complexes to install security cameras or to maintain and provide…
Does a Mississippi justice court judge get an automatic raise when the county's population grows past a salary-tier threshold?
No raise for population growth alone. A Mississippi justice court judge's salary under Section 25-3-36(2)(b) is locked to the salary scale in effect on September 30, 2008, not the current population. …
Can a Mississippi city offer broadband service through its municipal electric utility?
The 2021 opinion reaffirmed prior 2018 and 2019 AG opinions: a Mississippi municipality does not have authority to provide broadband service through its municipal utility system. Section 21-27-11(b)'s…
Does the higher-education member of Mississippi's police-training board have to be a full-time university employee?
The 2021 opinion concluded that Mississippi's Board of Law Enforcement Officer Standards and Training Board did not require its 'higher education representative' under § 45-6-5(2)(a) to be a full-time…
Can a Mississippi community hospital provide services in another state if that's part of its service area?
The 2021 opinion concluded that a Mississippi community hospital could provide authorized services outside the state, as long as the location was within the hospital's 'service area.' A 2019 amendment…
Does someone have to live in a Mississippi natural gas district to serve on its board of commissioners?
The 2021 opinion concluded that the Caledonia Natural Gas District's enabling local-and-private legislation, as amended in 1997 and 2021, required all five board commissioners to be residents of the d…
How much does a Mississippi constable get paid for serving as a bailiff if he covers both civil and criminal court the same day?
The AG concluded that a Mississippi constable serving as bailiff was paid $55 for each day or part of a day, separately for civil and criminal court. A constable who served in both civil and criminal …
Can a Mississippi sheriff put his own son on as a volunteer deputy without violating the state nepotism law?
The AG concluded that the Mississippi nepotism statute did not bar a sheriff's son from serving as an unpaid auxiliary deputy or using county-issued equipment, but it did bar the Sheriff's Department …
Can a Mississippi county issue refunding bonds to refinance a hospital construction loan and pledge full faith and credit to pay it off?
The AG concluded that George County could issue refunding bonds under Sections 31-27-1 et seq. to refinance its outstanding hospital general-obligation debt, and that Section 31-15-11 required an annu…
How many poll managers may a Mississippi precinct have if it has 500 or fewer registered voters?
Three are mandatory under § 23-15-231; up to three more may be added at the election commissioners' discretion under § 23-15-235. Maximum for a 500-or-fewer voter precinct is six. The statute provides…
Who can swear in a Mississippi sheriff, and can a sheriff swear in his own deputies?
Municipal judges, notaries public, and the other officials in § 11-1-1 may swear in any Mississippi elected official, no matter the county. A sheriff is not authorized to administer oaths and cannot s…
Can a Mississippi bus driver bring their own kids on the school bus when transporting students to a game or other school event?
No. Mississippi law lets school buses carry students to athletic or extracurricular events only when those students are participating in the event. The driver's own kids, grandkids, or wards may not t…
Can a Mississippi city zone a county-owned utility plant or pass an odor ordinance against it?
Cities can apply reasonable zoning ordinances and odor regulations to county utility authorities like JCUA, but cannot enact ordinances that effectively prevent the authority from fulfilling its statu…
Can a Mississippi county pay to elevate private homes that don't meet flood-zone elevation requirements?
No. A Mississippi county cannot use public funds to perform or pay for elevation work on privately owned homes, even to maintain National Flood Insurance Program eligibility. That would be an unlawful…
How can a Mississippi community college dispose of confiscated firearms when ownership records are lost?
Not by simple application or county auction. Section 97-37-3 forfeiture requires a conviction tied to the firearm. Without conviction records, ICC cannot use that statute. ICC also cannot unilaterally…
If a Mississippi alderman makes a motion that nobody seconds and nobody votes on, does the town have to put it in the meeting minutes?
The Open Meetings Act requires only final actions in the official minutes (members present, time, place, accurate record of final actions, votes by individual member). A motion that died for lack of a…
Can someone serve as both a Mississippi school board member and a city alderman at the same time?
No. A school board member is in the executive branch, exercising core executive powers. A city alderman is in the legislative branch, exercising core legislative powers. The Mississippi Constitution's…
Can a Mississippi city donate funds directly to a 501(c)(3) running a county-owned homeless transition center, or only through the county?
The local-and-private bill (H.B. 1801) authorizes Sunflower County to contribute extra funds, but does not authorize the City of Indianola to give money to the County. The City can, however, contribut…
If someone is court-committed for drug or alcohol treatment in Mississippi, can the state hospital just transfer them to the psychiatric ward?
No. A state hospital cannot reroute a person court-committed for substance use disorder treatment into an inpatient psychiatric ward under Section 41-31-11. The hospital's medical director can, howeve…
Can Mississippi's Medicaid agency negotiate liability caps with actuarial firms, or does the state constitution prohibit limiting their liability?
The AG declined to opine on whether § 43-13-117(K) violates Mississippi Constitution § 100. Statutes are presumed constitutional until a court of competent jurisdiction rules otherwise. Section 43-13-…
Can a Mississippi school district adopt eligibility limits and caps on donated leave for catastrophic illness?
Mostly no. A Mississippi school board cannot adopt donated-leave rules that are stricter than what Section 37-7-307 allows. Eligibility, maximums received, and the donate-after-notice question are all…
Can the Mississippi State Port Authority sign an exclusive 99-year lease and operating agreement with a private operator at the Port of Gulfport, and would sovereign immunity block a breach-of-contract claim?
The 2021 opinion concluded that the Mississippi State Port Authority, acting jointly with the Mississippi Development Authority, had broad statutory authority to enter long-term leases (up to 99 years…
When a Mississippi county sheriff is sued personally over how he handled an arrest warrant, does the county have to find a financial stake before paying his legal fees?
It depends on what kind of case. For civil lawsuits like this one, a Mississippi county can pay an officer's legal defense after the board of supervisors makes a factual finding (on its minutes) that …
Can a Mississippi mayor appoint his son to the school board if the son refuses any pay?
Yes, but only with a complete waiver. The mayor's appointment of his son to the school board would otherwise violate § 25-1-53 (father and son are within third degree, mayor is the appointing authorit…
Is there a mandatory 24-hour holding period for someone arrested on a domestic violence charge in Mississippi before they can bond out?
No. The 'twenty-four-hour cooling-off period' previously authorized in Miss. Code Ann. § 99-5-37 was removed by a 2012 amendment. Under the current law, a judge may, upon setting bail, impose a holdin…
Can the wife of a Mississippi county hospital trustee be hired as a social worker for the hospital?
Yes. Mississippi's general nepotism statute (Miss. Code Ann. § 25-1-53) is not violated because the board of trustees is not the appointing authority for the hospital and nursing home (the director an…
Can a Mississippi drainage district assess land outside its boundaries that benefits from district improvements?
Yes. Section 51-29-29 says that if a drainage district's commissioners find lands outside the district benefit from district improvements, they 'shall' assess those lands. Property owners get notice a…
How much can a Mississippi city pay a county per day to hold a city's pretrial detainee or prisoner in the county jail?
Up to $25 per day for days one through thirty, and up to $32.71 per day for day 31 and beyond. Sections 19-25-73(3), 47-5-901, and 47-5-909 cap municipal payments to a county for housing municipal det…
Can a Mississippi city contract with a private vendor to run an ALPR camera system that mails traffic tickets to uninsured drivers and offers a paid diversion program?
Mississippi cities are not explicitly prohibited from using ALPR cameras for no-insurance enforcement under the Home Rule statute, but probable cause that the registered owner was driving cannot be pr…
Can a Mississippi county put circuit court and the district attorney's office in a new building separate from the courthouse?
Yes within limits. A Mississippi county may build a separate justice center and assign circuit court and DA functions to it. But Section 25-1-99 keeps circuit and chancery clerk offices at the courtho…
Can a Mississippi university pay a faculty member half-salary on a one-semester sabbatical and full salary for the other semester?
The 2021 opinion concluded that Mississippi universities could pay a faculty member up to 50% of annual salary during a one-semester sabbatical and pay the remaining 50% as ordinary salary for the sem…
Can a Mississippi sheriff rehire his brother as chief deputy after the brother retires and returns?
No. Mississippi's nepotism statute (§ 25-1-53) bars a sheriff from hiring his brother as chief deputy. Brothers are within the third degree, the sheriff is the appointing authority for the sheriff's d…
Can a Mississippi defendant 'sit out' or work off the mandatory $1,000 human trafficking fund assessment in jail?
No. There is no authority for a Mississippi judge to allow a defendant to 'sit out' or work off the mandatory $1,000 Human Trafficking and Commercial Sexual Exploitation Fund assessment under § 99-19-…
Can a Mississippi defendant in a domestic violence case 'sit out' the mandatory $1000 human trafficking assessment in jail?
No. There is no authority for a judge to allow a defendant to 'sit out' the mandatory $1000 state assessment under Miss. Code Ann. § 99-19-75. The statute uses 'shall,' which is mandatory under *Pital…
Can a Mississippi county zoning enforcement officer keep her county job if she's elected to city council?
Yes. The Hancock County solid waste/zoning enforcement officer's duties (citizen complaints, field investigations, warning notices, documentation) are administrative, not policy-making at the upper le…
Under Mississippi's unit-system county road administration, can a board of supervisors deliberately split road bond money equally among the supervisor districts?
No. Under Mississippi's countywide unit system of road administration (§ 19-2-3), all road and bridge funds, including bond proceeds, must be spent based on the needs of the county as a whole, without…
If a Mississippi county hires an online auction vendor to run its delinquent tax sale, can the $20-per-parcel auction fee be charged to property owners who redeem their land?
Yes. A $20-per-parcel auction fee paid by a Mississippi county to an online auction vendor handling its delinquent tax sale is a 'cost[] incident to the sale' under Miss. Code Ann. § 27-45-3 and can b…
What does it mean for a Mississippi commission to be 'assigned to' the Secretary of State 'for administrative purposes only'?
The Office of the Secretary of State must provide the Mississippi Commission on the Holocaust with administrative support (management of activities, organizational tasks) as the commission needs, but …
If a Mississippi county made an error and overcharged me on property taxes for ten years, can the county refund all ten years?
No. A Mississippi county acting on its own motion cannot refund erroneously paid property taxes. The tax collector, after the board of supervisors makes a factual finding the taxpayer is entitled, may…
Can a Mississippi municipal court establish a veterans misdemeanor treatment court?
No. Section 9-25-1 grants circuit court judges, and only circuit court judges, the authority to establish Veterans Treatment Court programs. The court can be standalone or a component of an existing i…
Can a Mississippi tax assessor still get the $3,500 dual-office bonus if a deputy who works the assessor's office sometimes covers shifts in the tax collector's office?
The AG concluded that whether Franklin County's tax assessor/collector maintained 'two full-time offices' under Section 25-3-3(5) was a factual finding for the Board of Supervisors, considering all fa…
Does a Mississippi statute's title affect what the statute means if the body of the statute is unambiguous?
The title of a Mississippi statute does not control its meaning unless the text is ambiguous. Senate Bill 2077's title mentions 'cash basis measurement' but the actual statutory text of Section 79-11-…
Does a Mississippi county have to pay constables the $2,500 "state fail fee," and how does the board of supervisors decide whether each constable earned it?
The 2021 opinion explained how Mississippi boards of supervisors handle the constable's $2,500 annual "state fail fee" under Section 25-7-27(1)(f). A constable earns the fee only if they served (or di…
Can a Mississippi urban renewal authority loan state-appropriated funds (like Gulf Coast Restoration Fund money) to a private developer for an urban renewal project?
Yes. The 2021 opinion concluded that under Section 43-35-15(e) read with (f), a Mississippi urban renewal authority can loan state-appropriated money, including Gulf Coast Restoration Fund (GCRF) doll…
Can a Mississippi regional utility authority pay membership dues to join a local chamber of commerce?
No. The local and private legislation creating the DeSoto County Regional Utility Authority doesn't authorize it to pay membership dues to join a local chamber of commerce. Counties and municipalities…
If a Mississippi county employee made an unauthorized purchase, can the county itself go to court to get permission to pay the vendor?
No. Mississippi law does not authorize a county to petition a court for permission to pay an unauthorized invoice or to initiate a lawsuit to correct its own purchasing failure. The vendor must file a…
Can a Mississippi prosecutor combine three shoplifting visits to the same store into one felony shoplifting charge under Section 97-23-93(9)?
Under the version of Section 97-23-93(9) in effect before July 1, 2023, a prosecutor could not combine three visits to the same Mississippi store into one felony shoplifting charge; the aggregation pr…
Can a Mississippi city allow four-wheelers, side-by-sides, and golf carts in a parade on city streets?
A Mississippi municipality may, by ordinance, allow golf carts and low-speed vehicles to participate in parades on city streets. But under Section 63-31-3(6), there is no statutory authority for off-r…
When can a Mississippi city pay to maintain a sewer grinder pump that sits on a homeowner's private property?
A municipality may install and maintain a grinder pump on private property only if the city makes a factual finding that the pump is necessary for the municipal sewer system to function (not solely fo…
Can a Mississippi school district spend public money to fix up school property and then give that property to a nonprofit?
No. The 2021 opinion concluded that a Mississippi school district cannot use public funds to improve school district property if the purpose of those improvements is to ultimately convey the property …
Does terminating and rehiring a Mississippi firefighter restart the 2,800-compensated-hour clock for certification?
No. The 2,800 compensated hours under § 45-11-203(1) are cumulative across all employment, including across different fire departments. Once exceeded without certification or extension, the firefighte…
In Mississippi DUI cases, does law enforcement have to certify a defendant's prior record before the judge can take a guilty plea on a first offense?
Section 63-11-30(8)(b) requires law enforcement to submit certification (driving record, confidential registry, NCIC search) before a defendant pleads guilty to a second or subsequent DUI offense. The…
Can a Mississippi county Board of Supervisors second-guess a circuit judge's order on how much to pay an appointed indigent-defense lawyer?
The AG concluded that Section 99-15-17 vested discretion to set indigent-defense compensation in the appointing judge alone. The Adams County Board of Supervisors had no authority to increase, decreas…
Can a Mississippi city refund a contract fee to a developer if the developer never actually used the service the city was paid for?
The AG concluded that returning a $10,000 contract fee to a developer who never connected to Hattiesburg's wastewater system would not violate Section 66 of the Mississippi Constitution. A refund of c…
Can a Mississippi public school district enroll a student who lives out of state under § 37-15-9(2)?
No. Section 37-15-9(2) lets a student moving to Mississippi enroll at the same grade level as their prior out-of-state school, not enroll while still living out of state. The only out-of-state-student…
Can a Mississippi city add a private third party as an additional named insured on the city's liability insurance policy?
No. A Mississippi municipality cannot add a private third party as an additional insured on its liability policy. Doing so would extend Tort Claims Act coverage to a non-governmental entity, which the…
Can a Mississippi town refund municipal fines that a third-party collection agency mistakenly collected from the wrong person?
Yes, through Section 25-1-47's claim settlement authority. The town must determine that the claim is bona fide, just, and that the municipality is legally obligated. Whether this specific situation qu…
Can a registered sex offender in Mississippi live within 500 feet of a public beach, and does the 3,000-foot rule for playgrounds apply to beaches?
A registered sex offender who wishes to reside less than 500 feet from a public beach in Mississippi must get advance approval from the Director of the Department of Public Safety Sex Offender Registr…
Can a Mississippi community college lease its land to a solar or wind energy company for a renewable energy project?
Yes. The word 'facilities' in Section 37-29-135 includes renewable energy facilities under the statute's plain-meaning test. A Mississippi community college's board of trustees may lease land or build…
In Mississippi, can a city council interview candidates before appointing them to the local school board?
Yes. Assuming the city's charter is silent, the city council may interview candidates for school board appointment under Mississippi's municipal home-rule statute, Section 21-17-5. The Open Meetings A…
Can a Mississippi city library use a general appropriation from the city to fund repairs and maintenance, or does the city council have to vote a separate special appropriation?
Yes. A Mississippi public library system created under Article 1 of Title 39 Chapter 3 may use a city's general appropriation, with no special set-aside required, to make repairs and maintain its faci…
In Mississippi, can someone running for county election commissioner show a political party label on the ballot, and can a sitting commissioner stay in their party?
Yes, with strict limits. A candidate for county election commissioner may declare a party affiliation and have it printed on the ballot under Section 23-15-213(3). A sitting commissioner may remain in…
If a Mississippi statute has been ruled unconstitutional, must justice court clerks still accept criminal affidavits citing that statute?
Yes. The 2021 opinion concluded that justice court clerks must accept and record every criminal affidavit submitted by a complainant, including affidavits citing the cyberstalking statute (Section 97-…
When a Mississippi subdivision plat dedicates roads "to public use" and the city approves it, are those roads public even if the city never formally accepted them?
Yes. The 2021 opinion concluded that under Section 21-19-63, when a Mississippi municipality approves a subdivision plat showing roads dedicated to public use and the plat is filed with the chancery c…
Can a Mississippi economic development district amend its industrial-use covenants to allow a hospital to convert a business park building into medical offices?
The 2021 opinion concluded that the Simpson County Economic Development District could amend its restrictive covenants to remove the industrial/warehouse-only restriction for property already sold by …
Can a Mississippi airport authority pay a site location consultant a percentage-based fee tied to lease payments from tenants the consultant brings in?
Yes. The 2021 opinion concluded that the Gulfport-Biloxi Regional Airport Authority could pay a site location/development firm a fee equal to a fixed percentage of lease payments the Authority receive…
Can a Mississippi licensing board expunge (erase) records of past discipline against a licensee?
No. The 2021 opinion concluded the Mississippi Board of Pharmacy has no authority to expunge prior disciplinary actions. Public boards have only the powers expressly granted by statute or arising by n…
Can a Mississippi city alderman use a police radio to monitor police traffic without violating separation of powers?
The 2021 opinion concluded that mere possession of a city-owned police radio by a Cleveland alderman did not violate Mississippi's separation of powers doctrine. The alderman could monitor radio traff…
How does a Mississippi special-charter city change to code-charter form of government?
By special election. The Council can adopt a resolution calling a special election under Section 23-15-859 (or follow the special charter's specific provisions, if it has them) to put the question to …
Are hemp-derived edibles, drinks, and other ingestible products legal to sell or possess in Mississippi without going through a medical cannabis dispensary?
No, generally illegal. Selling a hemp-derived ingestible product not approved by the FDA is prohibited under the Uniform Controlled Substances Law unless sold through a licensed medical cannabis dispe…
Can a Mississippi auxiliary deputy sheriff who is not certified make traffic stops, write tickets, transport inmates, or make arrests?
No to all of the above. An auxiliary deputy sheriff is a part-time law enforcement officer under Section 45-6-3(d) and must be BLEOST-certified. An uncertified person cannot serve as an auxiliary depu…
Can Mississippi charter schools operate as hybrid in-person/online or as virtual-only schools?
Hybrid charter schools (in-person plus virtual) are expressly authorized in § 37-28-43(6) with Authorizer Board approval. Virtual-only charter schools are not prohibited but require the Authorizer Boa…
Can a private developer in Mississippi deed subdivision streets inside a town's corporate limits to the county, or do those streets become municipal property?
No on the deed to the county. Streets within a Mississippi municipality's corporate limits are municipal streets, and the county cannot take them through a developer's conveyance. Yes on cost-sharing:…
When a Mississippi bill stages two amendments with different effective dates, do the other unrelated subsections also wait?
The January 1, 2024 effective date in the second amendment to Section 23-15-227(1) in SB 2353 applies only to that amendment. Sections 1(2), (3), (4), and (5) of SB 2353, which addressed other poll ma…
Can a Mississippi county require a Property Indexing Number (PIN) on deeds filed with the chancery clerk?
Yes. Mississippi's county home-rule statute (Section 19-3-40) lets a board of supervisors enact an ordinance requiring landowners to add a Property Indexing Number (PIN) to deed indexing instructions,…
Can a Mississippi county sheriff use Inmate Canteen Fund money to buy prisoner uniforms and mattresses?
Yes. The sheriff may use Inmate Canteen Fund money to buy uniforms and mattresses for inmates. Section 19-3-81 lets the sheriff spend the fund on equipment and supplies for inmates' benefit, excluding…
Can a Mississippi school district give a teacher back pay if a prior district reported the wrong number of days worked?
Yes, but only if the district's board formally finds, on the minutes, that the underpayment was an administrative error. Section 96 of the Mississippi Constitution forbids retroactive raises to public…
Can a Mississippi city give money to a private citizen to buy playground equipment for a city park?
No. A Mississippi city cannot give a private citizen funds to purchase playground equipment, even for a park on city property. The city itself must make the purchase.
Does a Mississippi school district have to compile a list of statistical information that doesn't already exist when someone requests it under public records law?
No. Mississippi public bodies are required to make existing records available for inspection under the Public Records Act of 1983, but they are not required to create new records (like compiling stati…
Does a Mississippi resident's pre-annexation time count toward the 2-year residency requirement to run for municipal office?
Yes for both. Continuous, uninterrupted residency in territory annexed into a city counts toward the 2-year residency requirement for municipal office. The same applies when ward lines change through …
Can a Mississippi city return private donations made for a specific purpose if the project doesn't happen?
Yes, in limited circumstances. A Mississippi municipality that received donations for a specific restricted purpose may return the funds if it cannot or will not carry out that purpose. The AG refers …
Do Mississippi food trucks selling Mississippi-grown beef, poultry, or seafood need a transient vendor license?
Beef, poultry, and seafood produced or grown in Mississippi qualify for the agricultural-products exemption to Mississippi's Transient Vendor Law (Section 75-85-3(1)(i)), so vendors selling those prod…
Can a Mississippi university include a retention bonus in a public university president's employment contract, paid through a private foundation?
The 2021 opinion concluded that the Mississippi Board of Trustees of State Institutions of Higher Learning could include incentive payments (retention bonuses) in university president and chancellor e…
Can a Mississippi IHL Board trustee receive per diem, travel reimbursement, and tort-claims protection while serving before Senate confirmation?
The 2021 opinion concluded that newly appointed IHL Board trustees serving before Senate confirmation could legally receive per diem under § 25-3-69 and travel reimbursements under § 25-3-41(8). They …
If a complaining party drops misdemeanor charges in a Mississippi justice court, who pays the drop-charge fee and the court costs?
A Mississippi justice court can impose a fee of up to $50 when a misdemeanor charge is dropped or dismissed, and can assess court costs in petty misdemeanor cases that are dismissed at the request of …
Is a Mississippi mayor's written veto of a city council action a public record, and can the public see it?
Yes. A Mississippi mayor's written veto is a public record under the Public Records Act of 1983 from the moment it meets the statutory definition (used or possessed for public business). It doesn't ha…
What counts as a 'disability' that allows a Mississippi voter to get help at the polls?
Section 23-15-549 doesn't define 'disability,' so the Mississippi AG applies the common dictionary meaning. A voter has a 'disability' that qualifies them for assistance if a physical, mental, cogniti…
Can a Mississippi school district use activity funds to buy MHSAA athletic passes for chaperone employees?
Yes, if the school district determines the passes are necessary expenses or travel costs for chaperones to attend a school-related program beneficial to official or extracurricular programs. Activity …
Did SB 2647 strip the Mississippi Real Estate Commission of its power to discipline licensees who violate Section 73-35-21?
No. The new Section 73-35-21(6), added by SB 2647 in 2023, limits the Mississippi Real Estate Commission's rulemaking and administrative interpretation, but does not repeal its power to refuse, revoke…
When a Mississippi mayor-council city redistricts after the census, do the new ward lines take effect right away or wait until the next election?
If census data is published six months or more before the first municipal party primary, the reapportioned wards become the basis for representation effective immediately upon council adoption. Only i…
When a Mississippi school attendance officer files a truancy petition, which courts can hear the case?
Youth courts have exclusive original jurisdiction over child-neglect matters, so a truancy petition can go there. For prosecution of the parent or guardian under Section 97-5-39 (contributing to negle…
Who pays for the postage when Mississippi justice court constables have to mail copies of summons and complaints under the new service rules?
The 2021 opinion concluded that Mississippi constables (not court clerks) are responsible for mailing summons and complaints when Justice Court Rule 14(d)(2) or (d)(3) requires it. The county must pay…
Are unpaid volunteers on a Mississippi state-board advisory panel covered by the Tort Claims Act when they're acting in that role?
Yes. The 2021 opinion concluded that members of the Mississippi Anesthesia Advisory Panel, even though they are unpaid volunteers, fit within Mississippi's Tort Claims Act (MTCA) broad definition of s…
If a Mississippi town adopts misdemeanors as municipal ordinance violations, do state-assessment fees still go to the State?
The 2021 opinion concluded that even when the Town of Caledonia made specified misdemeanors violations of town ordinance, the state assessments under § 99-19-73 still had to be remitted to the State T…
Can a Mississippi school district hire a retired superintendent part-time without messing up his PERS retirement benefits?
Yes, twice. There is no statutory requirement that a Mississippi school district superintendent work full time. A PERS retiree may serve as a part-time superintendent and keep drawing retirement benef…
Can a Mississippi alderman tell city employees not to follow the mayor's instructions or sign up contractors without board approval?
No. In a code charter Mississippi municipality, executive power is vested in the mayor. Section 21-3-15(2)(a) explicitly says no member of the board of aldermen shall give orders to any employee or su…
If a Mississippi grandmother takes in her grandchild without going through CPS, can she get state supportive services payments under Section 43-15-17?
No. Section 43-15-17 supportive services payments are only available when CPS places the child in the relative's home. A relative who takes a child through chancery court guardianship outside CPS is n…
Can a Mississippi school district accept a donation, or a fee waiver, from a vendor or contractor who currently does business with the district?
Yes, with caution. There is no statutory prohibition on a school district accepting a donation, or a fee/interest waiver, from a vendor or contractor currently under contract with the district. The bo…
Can a Mississippi code-charter mayor access city employee personnel records?
Yes. Section 21-3-15 gives the mayor 'superintending control' of all officers and affairs of the municipality, which includes access to city employee personnel records. The city clerk must provide ful…
Can a Mississippi city declare an active refuse transfer station surplus and sell it for industrial use?
Only if it's actually surplus. Section 57-7-1 lets cities sell or lease land that's no longer needed for governmental purposes for industrial or commercial use. The city must first determine that prop…
Can a Mississippi city create a revitalization district where buildings are exempt from some or all of the city's building code?
No. Miss. Code Ann. § 17-2-4(1) makes the State Uniform Construction Code mandatory for cities that did not opt out within 120 days of August 1, 2014. Southaven did not opt out, so the City cannot now…
Can a Mississippi county outsource employee payroll to a third-party processing company?
No. The chancery clerk has the statutory duty to issue pay certificates for county employees, and a county cannot contract with a third-party payroll processor to take over that duty. The board of sup…
Can a Mississippi county hire its Planning and Development District to handle tax-refund setoff collections for it under the 2019 Local Government Debt Collection Setoff Act?
The AG concluded that the Local Government Debt Collection Setoff Act limited delegation: a county could not assign its point-of-contact or notice duties to a Planning & Development District, but its …
Can a Mississippi county use electronic signatures on board minutes, resolutions, contracts, and purchase orders?
The 2021 opinion confirmed that Mississippi's Uniform Electronic Transactions Act (Miss. Code Ann. § 75-12-1 et seq.) allows electronic signatures and electronic records on county boards' minutes, res…
Does Mississippi's auctioneer licensing exemption for government employees cover independent contractors who run reverse auctions for the state?
The 2021 opinion concluded that Mississippi's auctioneer licensing exemption in § 73-4-5(2)(b), which covers sales conducted by 'an employee' of the United States, the State, or a political subdivisio…
Does an appointed county prosecuting attorney in Mississippi have to live in the county and be a registered voter there?
The AG concluded that an appointed Mississippi county prosecuting attorney is a contract employee, not an officeholder. Article 12, Section 250's qualified-elector rule and Section 19-23-9's residency…
Can a Mississippi city use municipal labor and equipment to install a private individual's commemorative banners on city utility poles for free?
Generally no. A Mississippi city cannot donate municipal labor, equipment, or pole space to a private, for-profit individual for free, even for a commemorative banner project. But Section 17-3-1 lets …
Can a Mississippi county lease a privately-owned building and let a local food-pantry nonprofit use the space rent-free?
No. A Mississippi county cannot spend public money to lease space in a privately-owned building so a nonprofit can occupy it rent-free or for nominal rent. That structure is an unlawful donation under…
Can a Mississippi county use county equipment, labor, and materials to help a private water association with drainage repairs?
Generally no. The county home rule statute bars using public funds, equipment, or supplies for private purposes. But Section 19-5-92.1 carves out one exception: a county may provide labor, materials, …
Can a Mississippi tax collector accept a consular ID card or a foreign passport to register a vehicle?
No. While Section 27-19-57 does not allow a Mississippi tax collector to demand a Mississippi driver's license specifically, when proof of ID is required, it must be a driver's license or other govern…
Can a person serve as a Mississippi city fire chief and a county justice court judge at the same time?
No. The fire chief manages the entire fire department, serves as Civil Defense Director, and can hire and fire department staff. Those duties are executive core powers, so the same person cannot simul…
Does the Fresh Start Act force the Mississippi Board of Physical Therapy to ignore prior felony convictions when licensing applicants?
The AG concluded that because the Physical Therapy Board's enabling statute did not bar licensure based on prior convictions, the Board had to comply with Section 73-77-5 of the Fresh Start Act. Its g…
Does Mississippi's Fresh Start Act let people with criminal records get a nursing license, or can the Board of Nursing still bar them?
The AG concluded that the Mississippi Board of Nursing's existing enabling statute, which let it deny a license for felony or moral-turpitude convictions, qualified as 'applicable state law' that exem…
Can a Mississippi city allow electric stand-up scooters on its public streets and sidewalks?
It depends on the scooter's design. Mississippi has no general law on motor-assisted stand-up scooters. If a particular scooter qualifies as an 'electric personal assistive mobility device' under § 63…
Can a Mississippi city wipe out a resident's past garbage bill for the months when the city had taken away their garbage can?
Yes, but only for the period of no service. If the City of Petal makes a factual finding that the resident did not receive garbage service during a specific period (because the city had removed her ga…
Can a Mississippi county board of supervisors force elected officials' offices onto a new countywide payroll schedule?
No, not for officials who have adopted their own personnel system. § 19-2-9(2) lets each elected county official either adopt their own personnel system or default to the board's. If the official has …
Can a Mississippi city forgive part of an under-billed water bill if the customer's water pressure was so low she barely received service?
The AG concluded that a Mississippi municipality could compromise an under-billed utility account, including the meter demand fee, when the customer credibly received minimal or no benefit from the se…
When a Mississippi justice court holds civil court in the morning and criminal court the same afternoon, does the constable serving as bailiff get one fee or two?
Two separate fees. A constable who serves as bailiff in justice court for civil cases gets a fee between $55 and $100 for each day or portion of a day in civil court, and a separate $55 to $100 fee fo…
If a Mississippi town's competitive bid notice for a construction project gets no response, can the design consultant just call up contractors privately and pick one?
No. Mississippi's competitive bidding statute (§ 31-7-13(c)) requires public advertisement for purchases over $75,000. When no bids come in, the town has to start the process over with a new advertise…
Can a Mississippi city pay employees a $200 annual bonus for getting a yearly wellness check from their primary care doctor?
Yes, if structured properly. The City of Biloxi can pay a $200 annual incentive to employees who get a wellness check, but only if the program is (1) contracted with the employee before the wellness c…
When a defendant skips court-ordered jail time in Mississippi, is that civil or criminal contempt, and can the judge order them locked up right away?
It depends. Whether skipping court-ordered jail time is civil or criminal contempt is a mixed fact-and-law question that the judge has to decide based on the primary purpose of the contempt order. The…
When a Mississippi nonprofit historical society leases a city building for a museum, is that leasehold interest exempt from property tax?
No. While property owned by a historical society is exempt from ad valorem tax under § 27-31-1(d) when used exclusively and not for profit, that exemption does not extend to a leasehold interest the s…
Can a Mississippi municipal court punish a student caught with tobacco or a vape on school grounds when no other offense is involved?
No. § 97-32-9 prohibits students from possessing tobacco or alternative nicotine products on school property, but the punishment provisions only apply when the student is also found in violation of so…
When you file an expungement petition in Mississippi, do you pay just the $150 statutory fee or are there other civil filing fees on top of it?
Both, depending on how the petition is filed. If the expungement petition under § 99-19-71 is filed inside the original criminal case, only the $150 fee in § 99-19-72 is owed. If the petition is filed…
Can a Mississippi city's rental-property ordinance reach landlords who use contracts for deed to dodge tenant-licensing rules?
Yes, but only if the city determines on the facts that the agreement is rental in nature. A code charter municipality can amend its rental-property ordinance to reach properties where the landlord sti…
Can a Mississippi judge appoint a constable to serve as a riding bailiff in circuit, chancery, or county court?
No. Mississippi's riding bailiff statute (§ 19-25-31) authorizes circuit, chancery, county, and eminent domain court judges to appoint sheriff riding bailiffs only. There is no parallel authority for …
Does a Mississippi economic development district need an appraisal or court approval to sell industrial property to a private business?
No appraisal or court approval needed up front, but good and valuable consideration is required. The economic development district decides what counts as good and valuable consideration and records th…
What knives can a Mississippi convicted felon legally have at home, and is bow hunting allowed?
Convicted felons in Mississippi cannot possess any of the four enumerated knives in Section 97-37-5: bowie, dirk, butcher, or switchblade. Strict liability applies, so a butcher knife in your kitchen …
Can the Mississippi Workers' Compensation Commission charge the State Self-Insured Workers' Compensation Trust an annual assessment after the 2016 Budget Transparency Act?
No on the assessment, yes on the premium. The Workers' Compensation Commission cannot charge its annual Section 71-3-99 assessment to the State Self-Insured Workers' Compensation Trust, because that's…
Can a Mississippi county pair the renewable-energy 50% tax exemption with a fee-in-lieu of ad valorem taxes for the same project?
Yes, with caveats. The Board of Supervisors can grant the 50% Section 27-31-46 exemption and a Section 27-31-104 fee-in-lieu agreement concurrently, but the Mississippi Constitution Article 7, Section…
Can the Mississippi Board of Barber Examiners hire a board member's nephew or cousin as a barber inspector, or is that nepotism?
No nepotism violation. Mississippi's nepotism statute (Section 25-1-53) only prohibits hiring relatives within the third degree for five specific positions: officer, clerk, stenographer, deputy, or as…
Can the Mississippi Achievement School District issue bonds and other debt for absorbed Yazoo and Humphreys schools, and who authorizes it?
The 2021 opinion concluded that the Mississippi Achievement School District inherited the same borrowing authority as the former Yazoo City and Humphreys County school boards under § 37-17-13. So it c…
Can a Mississippi drainage district lease hunting and farming rights without competitive bidding on land it owns but didn't buy from the state or at a tax sale?
The 2021 opinion concluded that Mississippi's relaxed lease procedures for drainage districts in §§ 51-33-49 and 51-33-55, which let commissioners lease without competitive bidding, applied only to la…
Can a Mississippi town add a checkbox to water bills letting customers round up to the nearest dollar and donate the change to a local charity?
No. A Mississippi town cannot add an optional 'round up your water bill' donation feature. The state's municipal utility-revenue statutes do not permit intentional collection of surplus revenue, and A…
Can lottery ticket courier services like Jackpocket legally operate in Mississippi?
No. Mississippi's lottery law (the Alyce G. Clarke Mississippi Lottery Law) does not authorize lottery ticket courier services. Only certified lottery retailers can sell tickets to the public, and § 2…
If a Mississippi county failed to pay a school district its share of taxes for years, how far back can the school district claim the unpaid taxes?
There is no time limit. Section 104 of the Mississippi Constitution says statutes of limitation do not run against the state or its political subdivisions. So if Lauderdale County actually owes back-d…
Can the Mississippi Development Authority sell, auction, or donate state property in Columbus below appraised fair market value?
No, MDA cannot sell, auction, or negotiate the property below the average of two appraisals. SB 2810 Section 1(3) is mandatory. The property may be sold 'in whole or in part,' so MDA could sell a port…
Can a Mississippi county pay a 14-year-old back-tax claim from a city, or does the three-year statute of limitations bar it?
Yes, the County can pay the back claim. Section 104 of the Mississippi Constitution provides that statutes of limitation do not run against the state or any political subdivision. The Mississippi Supr…
Who has fire code authority over a Mississippi community college building, the State Fire Marshal or the local fire marshal?
Default to local. Mississippi community college buildings are not state-owned, so the State Fire Marshal's MS Fire Prevention Code does not automatically apply. Local fire code and local fire marshal …
Does a Mississippi 911 district need state Wireless Communications Commission approval if a private vendor owns and operates the radio system?
The 2021 opinion concluded that a Mississippi 911 district could enter a managed service agreement for P25 radio service where the vendor owned and operated the system, without needing 'sign-off appro…
If a Mississippi city cleans up a neglected perpetual care cemetery, can it lien the property or charge penalties to recover the cost?
No to liens and judgments; only reimbursement from the perpetual-care trust fund via the Secretary of State is allowed. § 21-19-11(7) provides that the city's actual cost of cleaning a perpetual care …
If a Mississippi city closed a street years ago and now wants it back, can the city just rescind the closure or does it have to use eminent domain?
It depends on whether the street was actually closed and who owns the underlying fee. If the City truly closed the street under § 21-37-7 and the abutting property owner now owns the underlying fee, t…
If a Mississippi city's alderman is sued and the city's insurer already provided counsel, can the city pay for separate, independent legal representation for the alderman?
Yes, in the discretion of the Board of Aldermen. Miss. Code Ann. § 25-1-47(1) authorizes Mississippi municipalities to provide legal counsel and pay all costs of defense for any municipal officer sued…
Is committing a new misdemeanor while on parole a 'technical violation,' or does it count as a more serious violation?
It depends on the parolee's specific conditions. Miss. Code Ann. § 47-7-2(q) defines a 'technical violation' as 'an act or omission by the probationer that violates a condition or conditions of probat…
Should a Mississippi county distribute privilege tax revenue under § 27-19-11 to municipal school districts within the county?
No. Highway privilege tax revenue under Miss. Code Ann. § 27-19-11 must be distributed only to the county and the county school district. Counties have no authority to levy ad valorem taxes for the su…
Can a Mississippi school district pay principals or other administrators an extra monthly stipend after they qualify as School Safety Guardians?
Yes. Miss. Code Ann. § 45-9-181(6) requires school districts to pay a monthly stipend of $100 to $500 to employees who complete the School Safety Guardian training. The 'shall' in the statute is manda…
Can a Mississippi school district run a school bus route to bring teachers to work from out-of-district towns as a recruitment perk?
No. Mississippi school districts have no statutory authority to use public school buses to transport teachers and other employees to and from work, even on a commuter route from outside the district. …
Can a Mississippi town marshal require department employees to clear discussions with him before talking to the mayor or town aldermen?
Yes. As the municipality's chief law enforcement officer under Miss. Code Ann. § 21-21-1, a Mississippi town marshal has supervision and control over all municipal police officers and may adopt and en…
What notice must a Mississippi county board of supervisors give for recessed, adjourned, or interim meetings?
Both apply, not one or the other. The Open Meetings Act notice requirement in Section 25-41-13 is in addition to the specific board-of-supervisors notice requirements in Sections 19-3-17 (recessed mee…
Can a Mississippi town pay a homeowner for water-line damage after the one-year MTCA notice period has passed?
Maybe, but probably not. Mississippi municipalities can settle a claim under Section 25-1-47 if the Board determines the town is legally obligated. But the Board has a duty to assert the MTCA's one-ye…
Can a Mississippi chancery clerk close the office independently before a hurricane, or do they need board of supervisors authorization?
No. The 2022 opinion concluded that a Mississippi chancery clerk does not have independent authority to close the office in anticipation of extreme weather. Under the Emergency Management Law (Section…
Can a Mississippi school district add three days of paid bereavement leave separate from sick or personal leave?
No. The 2022 opinion concluded that a Mississippi school board cannot create a new category of paid bereavement leave separate from sick and personal leave. The 'three bereavement days' in Section 37-…
Can a Mississippi county relocate its sheriff's office and county jail to a town that isn't the county seat?
Generally no. The sheriff's office must be at or within one-half mile of the county courthouse under Section 25-1-99. The county jail must be located at the county seat unless (1) specific legislation…
If a Mississippi defendant out on bond gets locked up in another state, does Mississippi treat that out-of-state custody as 'another jurisdiction' for bail-bond surrender purposes?
Yes. The phrase 'another jurisdiction' in Mississippi bail-bond statutes includes jurisdictions outside Mississippi. If a bail agent surrenders a defendant who is incarcerated in another state by givi…
Can a Mississippi city give federal flood-mitigation grant money directly to private homeowners?
Generally no. Section 66 of the Mississippi Constitution prohibits donations or gratuities of public funds without a two-thirds legislative vote. The Mississippi Supreme Court in *McAdams v. Perkins* …
Can a Mississippi county put leftover insurance money into the general fund after a covered building has been fully repaired?
No. Under Mississippi Supreme Court precedent (Adams v. Helms, 1909), insurance proceeds for a damaged county building are not part of the general fund. They are a trust fund reserved for repairing, m…
Can a Mississippi county tax assessor use the affordable housing appraisal method on a property qualified under a city's local affordable housing ordinance alone?
Maybe. Section 27-35-50(4)(d) applies only if a development meets the statutory definition of 'affordable rental housing' (income-and-rent restricted under federal programs or a similar program). Whet…
Can a family member or hospital override a registered organ donor's decision in Mississippi?
No. Once a Mississippi resident has registered as an organ donor, no one else (not family, not hospital staff) can revoke that decision without legal or clinical justification. Hospitals must cooperat…
Can a Mississippi school board member vote to hire or set the salary of a relative working in the same district?
No. Section 37-9-21 prohibits a school board member from voting on hiring any superintendent, principal, or licensed employee related within the third degree by blood or marriage, or financially depen…
Can a Mississippi motor vehicle manufacturer's wholly owned subsidiary get a dealer's license, including in markets where the manufacturer already has franchised dealerships?
The 2021 opinion concluded that Mississippi's motor vehicle dealer licensing statutes did not categorically prohibit a vehicle manufacturer's wholly owned subsidiary from obtaining a motor vehicle dea…
Can a Mississippi city council pay its members a monthly expense stipend or reimburse for cell phones, internet, and mileage?
No flat stipends, yes targeted reimbursements. A $200 monthly stipend would be additional compensation, banned by Mississippi Constitution Section 96 and not permitted by Section 21-8-21 (which sets c…
Does Mississippi's 28.75% cap on used-vehicle retail installment contracts override the 59% APR allowed under the Consumer Alternative Installment Loan Act?
No conflict, no controlling statute. The two statutes govern two different financing structures: Section 63-19-43 sets a 28.75% APR cap for retail installment contracts on used vehicles older than fou…
Can a Mississippi economic development district transfer legislatively-conveyed industrial park land to a city for a recreational sports complex?
Mostly no. Land that the Legislature conveyed to the Marion County Economic Development District (MCEDD) carries statutory and act-specific use restrictions tying it to industrial, warehouse, airport,…
Does Mississippi's two-year residency requirement for supervisor and alderman candidates apply to the specific district or just the county?
The 2021 opinion concluded that Mississippi's § 23-15-300 two-year residency requirement applied to the specific supervisor district or municipal ward a candidate sought to represent, not just the cou…
If a Mississippi school district receives back-payments of federal Weeks Act forest funds, does it have to escrow them and reduce next year's tax levy?
The 2020 opinion concluded that federal Weeks Act payments (national forest revenue shared with local schools and roads under 16 U.S.C. § 500 and Miss. Code Ann. § 49-19-23) are not 'in lieu' tax paym…
When a Mississippi county civic center sells food, can the county absorb the credit card processing fees, or must the customer pay them?
The 2020 opinion concluded that a Mississippi county-owned civic center selling food for immediate consumption had to assess credit card processing fees to the customer, not absorb them. Section 17-25…
Can a Mississippi county prosecutor dismiss a justice court case on his own, without telling the judge or the arresting officer?
The 2020 opinion concluded that a Mississippi county prosecutor could not dismiss a case on his own. Only a judge has authority to dismiss a case after it has been filed; the prosecutor must file a mo…
Can the same person serve on a public school board and a charter school board in Mississippi at the same time?
The 2020 opinion concluded that simultaneously serving on a public school board and a charter school board did not violate Mississippi's separation of powers doctrine, because both positions are in th…
Can a Mississippi Highway Patrol officer use radar and ticket on city streets in larger Mississippi cities, and what other traffic offenses can they enforce?
Yes, after a 2021 statutory change. Senate Bill 2788 (2020 Regular Session, effective July 1, 2021) removed the prohibition that previously barred MS Highway Patrol from setting up radar in cities ove…
Can a Mississippi county collect delinquent garbage fees from sixteenth section land when the leaseholder has abandoned the property?
The Mississippi Board of Education is not the 'owner' of sixteenth section land; the State of Mississippi owns it in trust for the public schools. The county's Section 19-5-22 lien attaches to the lea…
Can a Mississippi school district pay teacher's assistants their 10-month wages over 12 months so they keep getting paychecks in the summer?
Yes. Mississippi law contains no prohibition on a school district paying teacher's assistants their wages in 12 equal monthly installments, even though they only work 10 months. The pay can be set on …
Can a Mississippi county sell surplus property to a private business below cost, and can it instead donate the property to an economic development district?
Two pieces. Yes, a Mississippi county can sell surplus property to a private business at less than the county paid, as long as the board makes the findings § 19-7-3(3) requires and gets some good and …
Can a Mississippi city use general fund money to subsidize rising garbage collection costs instead of raising fees?
No. The city can adopt an ordinance exempting certain residents from a portion of garbage fees, but it cannot tap the general fund to cover rising waste disposal costs. A 2016 amendment to Section 19-…
Can a Mississippi town use hotel and restaurant tax money raised for tourism to mow and maintain a public cemetery?
It depends on the town's factual finding. Senate Bill 2998 authorized Sardis to collect a tourism tax 'for the enhancement of tourism and for the provision of parks and recreational facilities.' Wheth…
Can the Mississippi Department of Agriculture spend private gifts and naming-rights money on improvements to its property and the Mississippi Agriculture and Forestry Museum?
Yes, with one statutory limit. Under Miss. Code Ann. § 69-1-48, the Mississippi Department of Agriculture and Commerce can accept private funds for departmental property improvements and marketing, an…
How does Mississippi remove a school board member who has moved out of the district, and are the votes they already cast still binding?
The school board itself decides whether a trustee has moved out of the district and thereby vacated the office, after giving the trustee due process. If the board concludes the trustee was disqualifie…
Can someone serve on a Mississippi community college board of trustees and also be a sheriff at the same time?
Yes. A sheriff and a community college trustee both serve in the executive branch of Mississippi government. The separation of powers doctrine bars dual service only across branches, not within the sa…
Can a Mississippi county supervisor also serve as executive director of the Pat Harrison Waterway District?
Maybe, but probably not. A county supervisor exercises 'core powers' within the judicial branch under Mississippi separation of powers doctrine. The Pat Harrison Waterway District is an executive-bran…
Can a Mississippi city forgive water bills that customers underpaid because of a city billing error?
No. The Mississippi Constitution forbids remitting any debt owed to a municipality except by payment. So when a city's billing error or faulty meter results in underbilled accounts, the city must coll…
Can a Mississippi city pay annual membership dues to a chamber of commerce?
A Mississippi city may pay chamber of commerce annual membership fees if its governing authorities find, on the minutes, that the dues serve advertising and economic-development purposes under Section…
Can a McComb police officer provide security at an airport board meeting if the airport is in Magnolia, not McComb?
No. The 2021 opinion concluded that a City of McComb police officer, acting in official capacity, cannot provide security at a McComb/Pike County Airport Board meeting located within the city limits o…
Can a Mississippi elected county official withdraw a resignation before the board of supervisors meets to act on it?
The 2020 opinion confirmed that an elected Mississippi county official could withdraw a written resignation any time before the resignation's stated effective date. No board of supervisors acceptance …
Does Tennessee Public Safety Network peer-support training count for Mississippi's certified peer support member designation?
The statute is clear: a certified peer support member must have critical incident stress management training and must be certified by the Mississippi State Board of Health or the Mississippi Departmen…
Can a Mississippi county pay a coroner mileage for using a personal vehicle to transport bodies for autopsies when the county vehicle is unreliable?
Yes. Sections 41-61-75 and 41-61-61 let a Mississippi county pay a coroner's actual expenses, including mileage, when the coroner transports a body for autopsy. If the county-assigned vehicle is unava…
Can the Mississippi State Auditor conduct managerial studies without a request from the Governor or Legislature?
No. Section 7-7-211(d)'s independent audit authority is limited to financial audits. Section 7-7-211(c) allows the Department of Audit to conduct managerial studies, but only on written request from t…
If a Mississippi tax sale is voided, does that erase the landowner's liability for unpaid special assessments?
No. A Mississippi board of supervisors voiding tax sales for prior years does not erase the landowner's underlying liability for special and maintenance assessments to a public improvement district. S…
Can a Mississippi school district pay more than the average of two appraisals to buy land worth over $50,000?
No. The 2021 opinion concluded that under Section 37-7-301(aa), a Mississippi school district cannot pay a purchase price exceeding the average of two independent appraisals when buying real property …
Can a Mississippi county hold someone in the county jail before their drug or alcohol civil commitment hearing if there's no treatment bed yet?
No. The 2021 opinion concluded that Mississippi has no statutory authority to house respondents in drug and alcohol civil commitment proceedings in the county jail pending commitment to either a state…
Can a Mississippi school district run a tuition-based 3K (three-year-old) program and a tuition-based after-school program?
Yes. The 2021 opinion confirmed that Mississippi school districts can run a tuition-based program for three-year-olds (3K) under Section 37-7-301(zz), as long as it does not conflict with the Early Le…
Can a Mississippi state agency add a third-party processing fee on top of regulatory fees when users pay online, or does that count as raising the fee without statutory authority?
Yes. Section 27-104-33 expressly allows a Mississippi state agency to assess users a processing fee, paid directly to a third-party vendor, on top of statutory regulatory fees. The user pays the full …
When a Mississippi city vacates an old street it acquired by common-law dedication, who owns the underlying land?
The AG concluded that when the City of Clinton vacated a former Livingston Road right-of-way it had acquired by common-law dedication, the underlying fee reverted to the abutting property owners. The …
Who pays the lawyer when a Mississippi chancery court appoints counsel for someone facing private-facility commitment for drugs or alcohol?
The AG concluded that in Mississippi alcohol and drug commitment proceedings to private facilities under Section 41-32-5, attorney fees for court-appointed counsel had to be paid by the non-indigent r…
Can a Mississippi county or its garbage vendor stop collecting trash from people who don't pay, and can the county block their car tags?
The AG concluded that neither the DeSoto County Board of Supervisors nor its third-party garbage vendor could suspend service to delinquent households. The county could, however, withhold car tag issu…
Can a Mississippi school district buy a Bluebird bus from a vendor that didn't bid in the state contract process if the price matches the state contract?
The AG concluded that Mississippi school districts could buy school buses only through one of the three procurement methods in Section 37-41-101: an approved-vendor list, a district-run advertised bid…
Does a Mississippi city have to pay to run a water tap line from its main to a private property owner's lot, or does the owner pay?
The AG concluded that under Mississippi law, a Mississippi municipality maintains the main sewer or water line up to the point of connection, while the property owner is responsible for the personal s…
Does a Mississippi county owe just compensation to neighboring shopping-center stores in a cross-parking agreement when it takes only a non-owner's land?
The AG concluded that under Section 43-37-3, only the owner of the real property a Mississippi county acquires through eminent domain is entitled to just compensation. Other shopping-center stores tha…
Can a new Mississippi Board of Supervisors throw out the personnel handbook the previous board adopted, and can it create an assistant county administrator?
The AG concluded that a Mississippi Board of Supervisors could amend or void a personnel handbook adopted by a prior board, and that an assistant county administrator could be hired by the county admi…
Can a Mississippi mayor or alderman serve on a private board the city helped create as part of a public-private partnership?
The AG concluded that Port Gibson, under its municipal home-rule authority, could appoint members (including a sitting mayor or alderman) to a private board created by a public-private partnership agr…
Can a Mississippi city run an ALPR-based program to ticket uninsured drivers and split fees with a private vendor?
Mississippi law does not flatly prohibit a city from running an ALPR-based motor-vehicle insurance enforcement program with a private vendor, because Section 17-25-19's traffic-camera ban only covers …
Can a Mississippi regional solid waste authority sign a 30-year contract with a developer for a landfill gas project?
Yes. Section 17-17-317(h) of the Regional Solid Waste Management Authority Act expressly authorizes a 30-year contract term, which is the statutory exception that lets the authority bind its successor…
Can a Mississippi town sell a retired police vehicle to a county constable who is also the town's fire chief?
Yes, if the town first finds the vehicle is no longer used for a public purpose and follows Section 17-25-25's procedure: a unanimous private-sale vote if the vehicle is worth $1,000 or less, or publi…
Can a Mississippi county fix a 2020 tax bill mistakenly assessed against a nonprofit that should have been exempt, and void the resulting tax sale?
The board's power to amend a wrongly assessed nonprofit tax under Section 27-35-143(1) is bounded by the last Monday in August following the assessment year, and that window has closed. The board may,…
When a Mississippi city pays the county to house a municipal prisoner, does the daily rate ($25 or $32.71) cover meals, medical care, and transportation?
Meals: yes, included. Medical treatment and related transportation: no, separate. Other transportation: not addressed by statute, so left to the parties' contract. Section 47-5-901(3)(a) says the dail…
Can the same person serve as a Mississippi city attorney and municipal court judge to save the town money?
Yes. The Mississippi separation of powers doctrine does not bar simultaneous service as city attorney and municipal court judge. A city attorney does not exercise core executive power. Duties as munic…
Can a Mississippi constable run for sheriff in a special election without resigning the constable seat first?
No, no resignation required to run. There is no statutory prohibition against a Mississippi constable running for sheriff while still holding the constable seat. If elected, separation of powers, inco…
What is the maximum land a Mississippi beat-system county can buy for a road station, what can it be used for, and what happens if no longer needed?
10 acres maximum per station, road-working purposes only, and disposal under Section 19-7-3 (or operation/management agreement under home rule). Section 65-7-91 limits a county to 10 acres per station…
If a Mississippi school district seat covers two counties, where does a candidate qualify in a special election, both counties or just one?
One county. Per the 1996 Eskridge opinion, a candidate for a multi-county school board seat files a single qualifying petition (signed by qualified electors of the district regardless of which county …
Can Mississippi CPS take a newborn into custody if the baby tests positive for meth or cocaine and is suffering withdrawals, even before the baby goes home?
Section 43-21-303 sets the conditions under which CPS or law enforcement may take a child into immediate custody without an order. Whether those conditions are met for a specific drug-positive newborn…
Can a Mississippi sheriff or county use LIDAR, camera-based speed detection, or other non-radar speed devices, given that Section 63-3-519 limits 'radar' to certain agencies?
No. Section 63-3-519 prohibits all speed detection devices outside the Mississippi Highway Patrol and the specific municipalities listed in subsections (a) through (d), not just radar. AG opinions goi…
Can a Mississippi municipal court judge wipe out unpaid fines if a defendant finishes a GED or workforce class?
Yes, with limits. Under Miss. Code Ann. § 21-23-7(5), a municipal judge can suspend (not 'forgive') misdemeanor fines on whatever terms the court imposes, including conditioning suspension on completi…
Does Mississippi's Department of Mental Health have to certify any county jail or county hospital that holds someone awaiting transfer to a state mental health facility?
Yes. Mississippi's Department of Mental Health (DMH) is required to certify any county facility (including jails and hospitals) actually used to house, maintain, and provide medical treatment for invo…
Does a Mississippi councilwoman have to pay for copies of city bank and credit card statements she needs to do her job?
Not for records reasonably needed to do the job. An elected official has reasonable, no-cost access to municipal records required for their official duties. Whether a particular request meets that sta…
Can a Mississippi county use Emergency Road and Bridge Repair grant money to pay off a loan it took out for the bridge project before the grant was awarded?
It depends on timing. Yalobusha County can use Emergency Road and Bridge Repair (ERBR) grant funds to make payments on its bridge-project note that come due after the grant award, treating each paymen…
In Mississippi, who decides parking around the county courthouse, the sheriff or the board of supervisors?
The board of supervisors. Miss. Code Ann. § 19-7-33 gives the board the authority to regulate parking on county public lands around the courthouse, including the power to assign spaces. The sheriff do…
Can a Mississippi county require a damage bond from out-of-county trucking companies but not from in-county ones?
No. A county board can require a special permit and a security bond for vehicles exceeding posted size or weight limits on county roads under § 63-5-51, but the rule has to apply uniformly to every op…
Can a fireworks seller in a permanent location in Mississippi switch from transient vendor to general business classification?
No reclassification by the Board, and the fireworks seller is still a transient vendor. The municipal tax collector, not the Board of Aldermen, classifies vendors under Sections 27-17-451 and 27-17-45…
When a Mississippi municipal prisoner is bound over to the grand jury, who pays for housing the inmate, the city or the county?
The county. Once a municipal prisoner is bound over to the grand jury at preliminary hearing, or waives the hearing, the prisoner becomes a county prisoner. From that point, the county pays inmate exp…
Can a Mississippi poll worker stop a candidate or supporter from using a bullhorn near a polling place, even if the person stays outside the 150-foot buffer zone?
Yes. The poll manager designated as election bailiff has authority under § 23-15-241 to stop the use of a bullhorn or other amplifier (with police help if needed) when it creates a disturbance, an imp…
Does the rule against cross-district nominations to the Mississippi Gulf Coast Convention Bureau apply to all 9 county-appointed members or just the 5 district-tied seats?
All nine. The 2013 Local and Private Law for the Mississippi Gulf Coast Regional Convention and Visitors Bureau says no supervisor may nominate any person from another supervisor's district to be a me…
Can a Mississippi county grant both manufacturing and free port warehouse tax exemptions to related entities?
Yes if the entities qualify. Section 27-31-101 (manufacturing exemption) and Section 27-31-53 (free port warehouse exemption) both permit county boards to grant discretionary ad valorem tax exemptions…
Does a private dance studio count as a 'school' for the medical cannabis dispensary 1,000-foot buffer in Mississippi?
No. Section 2(gg) of SB 2095 defines 'school' as a kindergarten-through-12 institution with a physical location, instructional staff, students, and in session each school year. A private dance studio …
Can a Mississippi city fire an employee who tests positive for THC, given that some THC use is now legal under medical cannabis?
Yes, with limits. Cities can adopt drug and alcohol testing policies under Section 71-7-3 and terminate employees who test positive for THC, but only if the policy fully implements the Section 71-7 fr…
Can a Mississippi town let private businesses use street parking spaces, sidewalks, or rights-of-way for inventory or seating?
Generally no, with emergency exceptions. Section 21-27-1 prohibits granting any 'exclusive franchise or any exclusive right to use or occupy the streets, highways, bridges, or public places.' On-stree…
After Mississippi's 2025 House Bill 291 changed plurality voting to majority voting for some offices, do legislative and state district offices still win on a plurality?
Yes to all three questions. After H.B. 291, the threshold for state legislative offices and state district offices (Public Service Commissioner, Transportation Commissioner) remains a plurality of vot…
Can the West Bolivar Consolidated School District board move its central office from Rosedale to Benoit without going back to the Mississippi Legislature?
No. Miss. Code Ann. § 37-7-104.1(1) requires the West Bolivar Consolidated School District's central administrative office to be located in Rosedale, Mississippi. Neither the full office nor any part …
Can a Mississippi city's fire chief temporarily close a fire station and reassign firefighters when there isn't enough staff, or does the mayor have to approve each closure?
Yes, with the right ordinance. Under Miss. Code Ann. § 21-25-3(1), a Mississippi city can pass an ordinance giving its fire chief authority to temporarily close a station and reassign firefighters whe…
When a Mississippi town cleans up junk on private property, can it haul off dilapidated vehicles and sell them, or does it have to throw them away?
Yes, dilapidated vehicles count as 'personal property' a Mississippi town can remove during a § 21-19-11 cleanup. But the town cannot just sell them under the lost-property statute. To sell or dispose…
Can a Mississippi convention and visitors bureau pay a nonprofit foundation to operate a tourism welcome center?
Yes. The Columbus-Lowndes Convention and Visitors Bureau, created by 2011 House Bill 1552, may provide funding to the Columbus Cultural Heritage Foundation for the operation of the Tennessee Williams …
Does a Mississippi YMCA or Boys and Girls Club lose its child care licensing exemption if it accepts payment from the state's Child Care Payment Program?
If a YMCA, Boys and Girls Club, or similar national-affiliate organization receives 'monthly, weekly or daily payments' from a subsidy program like Mississippi's Child Care Payment Program, it doesn't…
When can a Mississippi sheriff set bail, and can the sheriff refuse cash bonds?
A Mississippi sheriff may set bail only in two narrow situations: misdemeanor arrests where no judicial officer has set bond, and felony arrests in 'emergency circumstances' under Section 19-25-67. Wh…
Does Mississippi voter ID law apply to mail-in absentee voters, or only to in-person voting?
Mississippi voter ID applies only to in-person voting (at the polls or at the registrar's office), not to mail-in absentee voting. The legislature could expand the requirement to mail-in voting, but S…
When a Mississippi regional mental health commission is decertified and dissolves, who handles the disposition of patient medical records?
The State Board of Mental Health, not the State Department of Health, governs disposition of regional mental health commission records. Sections 41-9-61 et seq. (the hospital records statutes) do not …
Can a Mississippi waste authority raise its contracted disposal rate above the original CPI cap without rebidding?
No. The Three Rivers Solid Waste Management Authority cannot grant Waste Connections an annual rate adjustment that exceeds the contracted three-percent cap without conducting a new RFP. The price adj…
Can a Mississippi Public Service Commissioner accept a campaign contribution from a lawyer or lobbyist whose firm represents a utility regulated by the PSC?
Mississippi's Section 77-1-11 prohibits a PSC commissioner, candidate, or employee from knowingly accepting a campaign contribution from anyone interested as owner, agent, or representative of a regul…
Can a Mississippi waterfront homeowner build a living shoreline breakwater without leasing the underlying state tidelands?
Often yes, no lease needed. If a breakwater qualifies as an 'other structure' under § 49-15-9 (a littoral right), § 29-15-5(2) lets a residential property owner build it on tidelands without a Secreta…
Can a Mississippi community hospital lease a satellite facility to its own nonprofit subsidiary to qualify for 340B drug discounts?
Yes. A Mississippi community hospital board may lease one of its facilities to its wholly owned nonprofit subsidiary with the county owner's approval, and the public bidding process under § 41-13-15(7…
Can a Mississippi city refund a late fee on a utility bill if the city contributed to the billing dispute?
Yes, but only in narrow circumstances. If a billing dispute the city helped cause kept the customer from paying on time, the city may refund the late fee. The city cannot forgive lawful, undisputed de…
If a Mississippi justice court judge retires through PERS but stays on the bench, can they still collect $25 wedding fees on top of the 25% compensation cap?
No. A justice court judge who retired under the Public Employees Retirement System and continues serving in the same office is capped at 25% of his or her average compensation under § 25-11-127(6). Th…
Can a Mississippi charter school operator consolidate two separate charter contracts (for two grade-divided schools sharing one building) into a single contract to cut administrative costs?
The Charter Schools Act does not directly speak to consolidating two existing charter schools into a single contract. But the Mississippi Charter School Authorizer Board has authority under § 37-28-9 …
If a Mississippi juvenile is caught with cash and drugs, can the sheriff seize the cash for civil forfeiture or does juvenile status protect it?
Yes. Mississippi's Uniform Controlled Substances Act forfeiture statute (§ 41-29-153) lets local law enforcement seize money possessed by anyone at the time of arrest for felony possession with intent…
Does a Mississippi disabled veteran have to be unemployable to qualify for the full homestead exemption, or is VA documentation enough?
Section 27-33-67(2)(a) does not require the veteran to be unemployable in the civilian job market. The statute only requires documentation of service-connected total disability and an honorable discha…
Does Mississippi's 3,000-foot residency rule for sex offenders cover state parks, walking trails, or hiking areas, and how do you measure the distance?
Whether a specific park, state forest, walking track, or trail counts as a 'playground or recreational facility' for the 3,000-foot residency restriction is a factual call by local authorities. The 3,…
When does a city prisoner become a county prisoner in Mississippi, and can a city-county jail contract specify the trigger?
There's no statute or case that flips a city prisoner to county custody at the bind-over stage. Cities and counties may negotiate the terms of a jail-housing contract under § 47-1-39, but the AG won't…
Can a Mississippi public community college write off and permanently extinguish uncollectible student accounts receivable, or does the state constitution forbid that?
No. Article IV, Section 100 of the Mississippi Constitution prohibits a public community college from permanently extinguishing uncollectible student account balances. The college can use accounting c…
If a Mississippi city had cleanup costs against a property but the property was sold by the State to a new owner, can the city still collect from the new owner?
If the city's cleanup lien was on file when the new owner bought from the State, the lien remains enforceable against the property. If the new owner had no actual or constructive notice of the lien, i…
Can a Mississippi county recover gas and wear-and-tear costs when a deputy uses an official vehicle for off-duty private security work?
Yes, by conditioning approval. Section 17-25-11 doesn't directly address expense recovery, but the statute requires the employing jurisdiction's approval before an officer can use an official vehicle …
Can a Mississippi county renew a 1989 community hospital lease without using the statutory bid process, and can it change how the hospital trust fund is spent?
Union County (with no board of trustees) may negotiate a lease renewal directly with Baptist Memorial under § 41-13-15(11). But the county cannot change the local and private legislation (1989 H.B. 14…
Can a Mississippi small-town police chief also work part-time for the city's water utility?
Yes, with limits. The Mississippi AG sees no separation-of-powers problem with a town's police chief also serving as an assistant water utility maintenance worker, since both positions are in the exec…
If a Mississippi school board approved a job and supplements but couldn't pay the full salary until the salary cap was amended, can the employee get back pay?
The AG declined to opine. Whether a Mississippi school district's delay in amending its administrative salary cap to permit supplemental pay qualifies as the 'administrative error' exception to Sectio…
If a Mississippi city annexes my neighborhood, do I have to wait two years before I can run for city council?
No new wait. Mississippi candidates need two years of continuous residency in the territory they want to represent (§ 23-15-300(1)). When a municipality annexes part of the county, residents of the ne…
Can the Harrison County Utility Authority approve a solid waste contract over Gulfport's abstention, when the city no longer participates in solid waste services?
No. The Harrison County Utility Authority can only enter contracts affecting rates, bonds, or capital improvements by unanimous vote of all board members under § 49-17-729(2). Even though Gulfport wit…
Can a county and youth court reporter in Mississippi be paid more than $64,000 a year?
No. Mississippi's circuit/chancery court reporter cap of $64,000 (for reporters with 10+ years of experience) under § 9-13-19(1) flows down to county and youth court reporters via § 9-13-61, which let…
Can a Mississippi town donate money to a Boys and Girls Club that serves town kids but has its main office in a neighboring city?
Yes, if the chapter operates within the town. A Mississippi municipality may donate annually to any chartered chapter of the Boys and Girls Clubs of America 'located within the municipality' under Sec…
If my local Mississippi community college does not offer a CTE class my child wants, can a neighboring community college (or its curriculum at a neighboring school district's vo-tech) provide it for dual credit?
Yes for the neighboring community college's campus, no for a neighboring school district's vo-tech center. Section 37-73-5 lets a high school student take a CTE dual credit course on another participa…
Can a Mississippi sheriff's department contract with a private school to provide school resource officers for pay?
No. Section 21-19-49(2) authorizes contracted SRO arrangements only with public school districts, not private schools. A sheriff has a general duty to keep the peace countywide and cannot charge a pri…
Can a Mississippi city refund donations made for a specific project if the project changes substantially?
Yes. A Mississippi city may refund donations made for a restricted purpose if the donated funds cannot or will not be used for that specified purpose. Whether a project's changes are substantial enoug…
Can a Mississippi community college charge out-of-state students in-state tuition for its nursing program?
Only with a sponsor. Section 37-103-25(4) lets a community college board waive out-of-state tuition only if the policy fits the school's educational mission AND a local business, industry, or state ag…
Can a Mississippi county install culverts on private property used as a polling place?
No. Section 23-15-281(2) lets a county build, repair, and maintain polling places it owns, but only authorizes rental payments (not capital improvements) for private property used as a polling place.
Does the cap 'in no event to exceed the compensation of the district attorney' apply to a Mississippi single-county public defender's salary?
Yes. The cap applies to every category of full-time public defender, including a public defender representing a single county. No public defender's salary may exceed the district attorney's compensati…
How much can a Mississippi city pay a county to house its municipal inmates in the county jail?
Yes. Under amended Section 19-25-73(3), municipalities may pay a county up to $25 per day for the first 30 days a municipal pretrial detainee or prisoner is in the county jail, and up to $32.71 per da…
Can a Mississippi county employee use the county work vehicle to drive to meetings and business of a separate compensated state board position?
No. The personal use of a county vehicle for travel to a separately compensated elected state board position is an impermissible donation of public funds under Article IV, Section 66 of the Mississipp…
Does Mississippi law require a chiropractic extern applicant to pass all four parts of the National Board exam, or just some?
The statute (Section 73-6-14(1)) does not specify which parts of the National Board exam an applicant must pass. The Board of Chiropractic Examiners has broad authority to set academic and professiona…
How much can a Mississippi city regulate medical cannabis dispensaries through zoning if it doesn't opt out?
A Mississippi city that hasn't opted out can use zoning to control where dispensaries, research facilities, and testing facilities can locate, can create a special 'medical commercial zone,' and can r…
If a Mississippi county's assessed property value drops below the next salary tier, do the supervisors lose their old salary or get the new statutory raise?
When a county's assessed valuation drops into a lower tier of Section 25-3-13, supervisors keep their previously locked-in salary (no reduction allowed) but only become eligible for the lower tier's s…
Does Mississippi's nepotism law block a public defender from hiring an assistant who is related to a circuit court judge?
The 2021 opinion concluded that Mississippi's nepotism statute (§ 25-1-53) was not violated when a public defender appointed the sister or daughter of a Senior Circuit Court Judge as assistant public …
When someone on probation or parole picks up a new misdemeanor charge, can the judge fully revoke supervision the same way the judge could for a felony, or only impose the shorter graduated revocation periods that apply to 'technical' violations?
Only the shorter graduated periods. Under Mississippi law, a new misdemeanor that violates an 'obey all laws' supervision condition is a 'technical violation' under § 47-7-2(q), so the 90/120/180-day …
Can a Mississippi county unilaterally declare a 40-foot right-of-way along all county-maintained roads so it can grade, drain, and run utilities through it?
No. Mississippi counties cannot unilaterally declare a uniform right-of-way easement along county roads. Easements have to be acquired through gift, purchase, deed, dedication, eminent domain, or pres…
If a Mississippi church owns property but uses it primarily as a school, does the property still qualify for ad valorem (property) tax exemption?
Maybe. There are two possible exemptions in Section 27-31-1(d): one for religious-society property used 'exclusively' for the society and not for profit, and a separate one for any property used to op…
Does a Mississippi bank have to pay the city's local business privilege tax, or does the statewide finance-company privilege tax exempt it?
The statewide finance-company privilege tax in § 27-21-3 specifically excludes 'banks, state or national,' but that exclusion only applies to the statewide tax. It does not exempt banks from the local…
Can a Mississippi state agency contribute to a federal Section 530A 'Trump account' for an employee's child as part of the employee's benefits package?
No, not under current state law. There is no statute authorizing Mississippi state agencies to make contributions to Trump accounts as a benefit. State agencies can only offer benefits the legislature…
Who can legally use blue lights and sirens to escort an oversize truck load on a Mississippi state highway?
Only police vehicles used for emergency work can display blue lights. For superloads (the largest oversize loads), escorts must be done by a police officer, a Department of Public Safety officer, or a…
When the Mississippi Department of Education has both a State Superintendent and a State Board of Education, which one is the 'agency head' for purposes of the Internal Audit Act?
The State Board of Education. The Mississippi Internal Audit Act defines 'agency head' as either an elected agency head, an executive director, or a governing board responsible for heading an agency. …
When a city arrests a person and that person is bound over to the grand jury, does the city or the county pay the jail housing bill?
The county. Once a municipal prisoner is bound over to a grand jury after a preliminary hearing (or after the prisoner waives that hearing), the prisoner becomes a county prisoner for cost purposes. T…
Can a Mississippi county that helps fund a community college reduce its yearly tax levy to the college based on its own changing budget?
No, with one narrow exception. Section 37-29-141(1) prohibits a member county from levying a smaller millage for a junior college district than it did the previous year unless the college's board of t…
Can a Mississippi sheriff also work a part-time job for a local school district?
Yes, as long as the school-district job stays in the executive branch (or doesn't exercise core legislative or judicial powers). The state constitution prohibits a person in one branch of government f…
Can a Mississippi drainage district let a neighboring private landowner modify a public drainage ditch?
No. A drainage district has only the powers the statutes give it, and Mississippi law gives the district (not the adjoining landowner) exclusive control over its drainage ditches. Section 51-29-73 let…
Can the Mississippi State Treasurer invest the excess tax dollars Mississippi collects from medical cannabis sales in a money market fund?
Yes, but only if the State Treasurer determines (1) that the cannabis tax revenues sitting in the General Fund really are 'excess' beyond seven business days of operating need, (2) that they cannot be…
Can a Mississippi constable handle the squatter-removal affidavit under the Real Property Owners Protection Act, or must landlords go to a sheriff or police department?
The new statute does not say. It tells a property owner to file the squatter-removal affidavit with 'the law enforcement agency' of the county or municipality, but it does not define that term and doe…
Can a Mississippi city hire a councilmember's daughter for a 'cashier/clerk' job in the city electric department, given the state nepotism law?
It depends on the actual duties of the position. Mississippi's nepotism statute (Section 25-1-53) bans hiring a relative within the third degree as an 'officer, clerk, stenographer, deputy or assistan…
Can a Mississippi school board ban people with enhanced concealed-carry permits from bringing firearms to school athletic events, especially when the high school activities association says they have to?
No. The Mississippi enhanced concealed-carry statute (Section 97-37-7(2)) authorizes enhanced permittees to carry weapons in 'any school, college or professional athletic event not related to firearms…
Can Adams County let homeless individuals shower at its FEMA-funded emergency shelter when there is no declared disaster?
Yes, if the county adopts a uniform written policy authorizing such private use of the shelter and collects from the user any actual costs the county incurs (cleaning, utilities). Without those guardr…
When a church or religious organization buys property in Mississippi, when does the property tax exemption start, and can it be applied retroactively to the current tax year?
The exemption starts at the next lien-attachment date after the religious organization meets the statutory requirements, not retroactively to the current year. For real property, the lien attaches Jan…
Can a Mississippi city give a long-term lease of city property to a non-profit for $1, or some token amount?
Maybe, depending on which statute fits. The default rule is that municipalities cannot make donations, and a lease at far below market value is a donation. But several specific statutes (Sections 21-7…
Can Hattiesburg spend city funds to help homeless individuals get the ID documents they need to apply for a job or housing?
Yes, conditionally. The City can spend funds for this purpose if its governing authorities determine (1) the city's Homeless Coordinator program is a 'social and community service program' under Secti…
Can Pascagoula spend the tourism tax it collects from hotels and bed-and-breakfasts on tourism, economic development, and recreation programs?
Yes. The 2004 local and private law authorizing the city's 3% lodging tax expressly says the funds are for 'the purpose of providing funds to promote tourism, economic development and recreation.' The…
When a Mississippi county sets the wrong millage rate for a school district by mistake, can the county correct the levy mid-year, and can it use general-county tax revenue to bail out the shortfall?
No to both. Once the new fiscal year begins, there is no statutory mechanism to amend the school district's millage; the school district has to issue a shortfall note under Section 37-57-108 to bridge…
Can the Mississippi Soil and Water Conservation Commission accept federal money for flood-control studies and design work, and can it operate in counties inside Mississippi River levee districts without those counties' permission?
Yes to the federal funds, conditionally. Section 69-27-13(f), (g), and (j) authorize the Commission to receive and administer federal grants for studies, classification, and recommendations on land us…
Can a Mississippi alderman who is also a PERS retiree skip his alderman salary so he can keep his retirement check, and what does the town have to do to make it official?
Yes. Section 25-11-127(6)(a)(i) lets a PERS retiree who is elected to municipal or county office file an annual written waiver of all salary or compensation in exchange for keeping the retirement allo…
Can a Mississippi city let a political party's local executive committee meet in city hall for free?
Yes, but only if the city has adopted a uniform written policy that allows private groups to use city facilities, and the city collects from the user any actual costs the city incurs (cleaning, utilit…
Can a Mississippi county redirect money from a county-owned nursing home into fire, rescue, and 911 services instead of just ambulance services?
Yes, but the nursing home's board of trustees, not the county, must make the call. The board must find that funding the additional emergency services 'will benefit the health or welfare of the citizen…
When can absentee voting begin for a runoff election in a Mississippi multi-county or statewide race?
Not until every county in the district has certified its results, the state executive committee or Secretary of State has tabulated the votes, the top two candidates for the entire district have been …
Can a Mississippi city legally pay a $27,000 water-tap fee for a nonprofit-owned building?
Yes, if the city makes the right factual findings under one of two specific statutes (§ 21-19-65 or § 21-17-1(8)) and matches the contribution to other state, federal, or private funding. Without thos…
When a Mississippi deputy sheriff wants to do off-duty private security work in uniform with a county weapon and vehicle, who has to approve it: the sheriff or the county board of supervisors?
Just the sheriff. Miss. Code § 17-25-11 puts the approval power with the sheriff for deputy sheriffs, the same way it puts approval with the chief executive for municipal officers and with the DPS Com…
When a Newton Municipal School District board member resigns mid-term, do you hold a special election or just appoint someone to finish the term?
Appoint. The plain language of Miss. Code § 37-7-203 does not require a special election to fill a mid-term vacancy. The Newton Board of Aldermen can appoint a replacement from the resigning member's …
Can DeSoto County's convention tourist promotion tax pay for tourism facilities other than the civic center, like a sports complex or visitor attraction?
No, not directly. The local act earmarks the convention tourist promotion tax for civic center costs and Bureau operations only. But the Bureau's other revenue (non-tax-derived income, grants, fees) c…
If a police officer asks a justice court judge to drop the ticket, can the judge just dismiss it, or does the prosecutor have to be involved?
The prosecutor has to be involved. Once an officer signs and files a ticket with the clerk, only a judge can dismiss it, and the proper channel is for the officer to ask the prosecutor to file a motio…
If the performance bond on a city public-works project turns out to be fraudulent and the contractor still wants to be paid, can the city release final payment without the surety's written consent?
No. Section 31-5-25(1)(b)(iv) bars final payment until the surety provides written consent. The fact that the surety doesn't actually exist (because the bond was fraudulent) doesn't waive the requirem…
Does the sheriff have to have sole control of the inmate canteen fund's checking account, or can the Board of Supervisors and chancery clerk continue to approve and execute the checks?
The sheriff has sole authority to decide what to spend the canteen fund on, but the actual purchases must still go through the county purchase clerk, get Board of Supervisors approval on the claims do…
If a Mississippi governor appoints new members to a state board during Senate vacation, do those appointees lawfully hold office before the Senate confirms them?
Yes, as de facto officers. They serve under color of authority, their acts are valid and binding, and they have a lawful right to act until the Senate either confirms them or refuses confirmation. The…
Can a Mississippi county sheriff use the inmate canteen fund to buy materials and supplies for jail vocational education programs (HVAC, construction, vehicle repair, electrical)?
Yes, if the sheriff determines that the expenditure is an educational-related expense for the benefit and welfare of the inmates. Section 19-3-81(1)(b) lists 'educational related expenses' as a permit…
Can a Mississippi county board of supervisors hire the father of one of the supervisors as the county economic development director without violating the state nepotism statute?
Yes. The nepotism statute (Section 25-1-53) lists five prohibited classes of employment for relatives within the third degree of kinship: officer, clerk, stenographer, deputy, and assistant. The posit…
Can a Mississippi county and its community hospital sell a surplus parcel of hospital property to a private buyer for use as a pediatric dental clinic, without a public bid?
Yes. Under Section 57-7-1, the county and the hospital can sell surplus property that is not needed for hospital or other governmental purposes to a private buyer for commercial or industrial use, on …
After the Mississippi Senate refuses to confirm a governor's nominees, can the governor send the same names back, or appoint different people, while the Senate is out of session?
The same nominees cannot be reappointed, because the Senate's failure to confirm annulled the appointment under Section 7-1-35. Different nominees may be appointed during Senate vacation; until the Se…
When a Mississippi sixteenth-section land lessee fails to pay ad valorem taxes, the lease expires, and a new lessee takes over the same parcel, who owes the unpaid taxes and can the county simply forgive them?
The unpaid ad valorem taxes are a personal debt of the original lessee. A new lessee is not responsible for the prior lessee's taxes and can pay current taxes on the new lease even while the old taxes…
Does a Mississippi city have to extend sewer service into a private subdivision whose own lagoon system has failed?
No. A city's decision to build or extend sewer infrastructure is discretionary, not mandatory. The city can choose to fund the extension under the municipal water and sewer statute, but it isn't requi…
Does a Mississippi school district issuing a shortfall promissory note have to prove the shortfall would prevent it from meeting its financial obligations?
No. The AG concluded a school district issuing a shortfall promissory note under § 37-57-108 must only make a good-faith determination that revenue is short of budget; the financial-distress test unde…
Can a Mississippi state agency keep granting paid COVID administrative leave to employees who can't come back to work?
Yes, conditionally. Under § 25-3-92(2)(b), the head of a state agency can grant paid administrative leave to employees during an emergency, but the agency itself has to make the factual call that COVI…
Can a Mississippi school district pay students cash incentives for ACT scores, and can it pay teachers and staff for school-wide ACT improvements?
Student cash incentives are out (no contract, so a Section 66 donation), but employee incentives can work if contracted in advance, tied to objective standards, and paid for services performed. Fundin…
What is an 'administrative review' under Mississippi's youth court juvenile-detention statute, and what factors should the court consider?
The statute requires administrative review of juvenile detention longer than 45 days, but does not define the term or specify factors. The youth court has discretion to design the review, and the yout…
Can a Mississippi county pay an attorney to represent the tax assessor in defending an election contest?
It depends on the board's factual finding. The AG reaffirmed that the Humphreys County Board of Supervisors may pay legal fees for the tax assessor/collector in an election contest only if the board d…
Can a Mississippi county patrolman bring littering charges, and is the $50 littering surcharge added to convictions under § 97-15-30?
Justice court cases start under § 99-3-2 and the criminal procedure rules. County patrolmen employed by the board of supervisors may enforce § 97-15-30 littering. But the $50 assessment in § 97-15-29(…
Who has to write up the minutes for a Mississippi county board of supervisors meeting, the chancery clerk or someone else?
The chancery clerk has the duty to take, prepare, and present board of supervisors minutes under § 19-3-27. The board may appoint another person as recording clerk to draft the minutes for board appro…
Can a Mississippi county clean and repair a flooding creek that runs across private property?
Yes, with conditions. The AG concluded an Oktibbeha County Board of Supervisors may clean or clear a flooding creek on private property if it makes the public-health findings required by § 19-5-92.1, …
Can Mississippi state-owned property be used to rebury prehistoric Native American remains?
Yes. The AG concluded the Mississippi Department of Archives and History may use existing state-owned property, or acquire new property, to rebury prehistoric Native American remains, as long as the M…
Can a Mississippi city stop using bound minute books and store its meeting minutes only electronically?
Yes. The AG concluded a Mississippi municipality may stop maintaining bound minute books and keep all meeting minutes electronically, as long as the signing and seal requirements of § 21-15-3 are met …
Can a Mississippi community college spend public funds on PPE for students and employees without violating the constitutional ban on donations?
Yes, with a finding. The AG concluded a community college board may purchase PPE for students and employees if it determines the spending serves a statutory purpose (here, safe campus reopening) rathe…
Can a Mississippi town's Board of Aldermen order the mayor to make an employee show up at a board meeting, and what happens if the mayor refuses?
Mostly no. The AG concluded the Board of Aldermen cannot order the mayor to deliver a particular employee to a meeting (that crosses the legislative-executive line), but it can seek mandamus when the …
Can a Mississippi municipal court enroll unpaid criminal fines on the circuit court judgment roll, garnish wages, and proceed against an indigent defendant?
Yes to all three questions, with one limit. Mississippi municipal courts may enroll unpaid fines on the circuit court judgment roll to create a lien, may garnish wages, and may enroll judgments agains…
Can a Mississippi county board force other elected officials to use a county time-clock or computer-login payroll system?
No. The AG concluded that a Mississippi Board of Supervisors cannot require other county elected officials (sheriff, circuit clerk, chancery clerk, etc.) to use a countywide payroll documentation syst…
Can a Mississippi county forgive penalties and interest on a property tax bill the taxpayer did not know existed?
Yes. The AG concluded that when a Mississippi tax assessor's error caused a property owner to be delinquent (here, by assessing the wrong parcel and not assessing the right one), the Board of Supervis…
Is Mississippi's voluntary statewide association of election commissioners subject to the Open Meetings Act?
No. The AG concluded that the Election Commissioners Association of Mississippi is a voluntary association of individual election commissioners, not an entity created by statute or executive order, an…
Can a Mississippi municipal court charge a $50 filing fee for an expungement petition?
No. The AG concluded that Miss. Code Ann. § 21-23-7(11) explicitly forbids any filing fee for bringing an action in municipal court, so a court could not charge $50 for filing an expungement petition …
How does a Mississippi county split federal national-forest payments between two school districts when the forest land sits in both?
The Board of Supervisors had discretion to choose the formula. Section 49-19-23 told the county to spend 50% of the federal Weeks Act receipts on schools, but did not require a per-acre, per-pupil, or…
Can the same person serve as a Mississippi county administrator and a member of the Mississippi House of Representatives at the same time?
Yes, under the Mississippi separation of powers doctrine. The AG concluded that a county administrator does not exercise 'core powers,' so simultaneous service as a state representative is not constit…
Can a Mississippi public improvement district use the county's real property sale statute to sell tax-forfeited property it owns?
Yes. The AG concluded a Mississippi public improvement district may sell or otherwise dispose of real property using either § 19-7-3 (the county real property sale statute) or § 17-25-25 (the governin…
What is the candidate qualifying deadline for a Mississippi circuit-court judge special election?
60 days before the election. The AG concluded that since neither § 23-15-849 nor § 23-15-833 specify a qualifying deadline for circuit court judge special elections, and § 23-15-977's March 1 judicial…
Can a Mississippi Gulf Coast convention bureau borrow under the federal Paycheck Protection Program?
No. The AG concluded that the Mississippi Gulf Coast Regional Convention and Visitors Bureau, created by Chapter 926, House Bill 1716, Local and Private Laws of 2013, has neither express nor necessari…
Can a Mississippi special-charter city remove civil-service protection from its police chief?
No. The AG concluded that even though McComb operates under a special charter, the Mississippi legislature made the civil service system in §§ 21-31-1 to 21-31-27 specifically applicable to McComb via…
If a Mississippi city contracts with the county election commission to run its city elections, how much does the county get paid?
By agreement. The AG concluded that under Miss. Code Ann. § 23-15-221(2), if a Mississippi city abolishes its municipal election commission and contracts with the county election commission to conduct…
Can a Mississippi elected official hire their grandchildren temporarily to open mail and answer phones during a busy season?
It depends on the job duties. The AG laid out the three-part nepotism test (relationship, appointing authority, prohibited position) but said only the hiring authority could decide on the third questi…
Is there still a Mississippi moratorium on permits for new or expanded swine concentrated animal feeding operations?
No. The Attorney General concluded that the swine CAFO moratorium written into § 49-17-29(3)(f) expired on January 1, 2000 by the statute's own terms, so the Permit Board has authority to consider new…
Can a Mississippi PERS retiree elected as Transportation Commissioner keep getting retirement benefits and partial pay?
Generally no. The AG concluded that the Transportation Commissioner's salary is fixed at $78,000 by Miss. Code Ann. § 25-3-31 and cannot be reduced or waived. So § 25-11-127(4)(a)'s half-salary path i…
Can a Mississippi state legislator be appointed Executive Director of the Public Utilities Staff?
Yes, with separate ethics review. The AG concluded that the Executive Director of the Mississippi Public Utilities Staff is a fixed six-year term position under § 77-2-7(1). A sitting legislator may b…
Can a Mississippi municipal employee drive a city vehicle home outside the city or county boundaries?
Yes for official-duty travel. The AG concluded a Mississippi municipality may authorize an employee to take a city vehicle home outside corporate or county limits if the governing authorities determin…
Does a Mississippi county have to reimburse the tax collector for unpaid travel expenses from prior years?
Reimbursement of mandatory-training travel is required, but late claims for prior years can only be paid from the current fiscal year budget if there is an allocation for them, since under § 19-11-25 …
Can a Mississippi regional mental health commission refinance through the state development bank or hospital authority?
No. The AG concluded that under Miss. Code Ann. § 41-19-33(1)(l), a Mississippi regional mental health commission may borrow money only from private lending institutions. The Hinds County Mental Healt…
Can a Mississippi county exempt a production facility at the same address as a free-port warehouse from ad valorem taxes?
Yes, with conditions. The AG concluded that under the 2018 amendments to Miss. Code Ann. § 27-31-53(d), a production or processing facility at the same physical address as a licensed free port warehou…
Who is supposed to set up the audiovisual gear when a Mississippi justice court does an initial appearance by webcam, the judge or the county?
The county. The AG concluded that under Miss. Code Ann. § 19-7-23 and Article 14 Section 261 of the Mississippi Constitution, the Board of Supervisors is responsible for providing all equipment necess…
Can a Mississippi county pay an attorney to defend its tax assessor in an election contest appeal?
Yes, with a condition. The AG concluded that under Miss. Code Ann. § 19-3-47(1)(b), the Humphreys County Board of Supervisors could hire and pay private counsel from county funds for the current Tax A…
Can a Mississippi town tear down a dilapidated building even when the owner is still living in it?
Yes, if the town gives proper notice and a hearing under Miss. Code Ann. § 21-19-11, finds the building a menace to public health and safety, and records its findings on the official minutes. Owner oc…
How does a Mississippi county board buy emergency E-911 equipment without competitive bidding, and can it sign a 7-year contract?
Once the Board declares an emergency under § 31-7-1(f), § 31-7-13(k) lets it skip competitive bidding. Multi-year equipment with a 7-year life is fine, but service contracts that extend past the curre…
Can a Mississippi community college lease land to a private nonprofit without monetary rent if the lessee covers construction, taxes, and maintenance?
Yes, the AG concluded a community college may take into account the lessee's payment of construction costs, ad valorem taxes, maintenance, and the college's right to use part of the facility when dete…
Whose job is it to draft Mississippi youth court orders, the prosecutor or the court staff?
Filing petitions is the youth court prosecutor's job. Orders from adjudication and disposition hearings are the responsibility of court staff hired by the judge and paid by the county under § 43-21-11…
Can the Pearl River Valley Water Supply District pay half the cost of a county guardrail repair to protect its existing water and sewer lines?
Yes. The AG concluded the Pearl River Valley Water Supply District may contract with Rankin County to share the cost of guardrail repairs on Northshore Causeway, if the District factually determines t…
Can a Mississippi waterway district give a lender a security interest in just the lease (not the state land itself) for its tenant?
Yes for the leasehold. The AG concluded the Pat Harrison Waterway District may grant the lessee's lender a security interest in the leasehold interest itself, but not in the state-owned premises. On f…
Can a Mississippi county tax assessor/collector also serve as the interim county administrator at the same time?
Yes. Under the core-powers doctrine, the tax assessor/collector exercises core executive powers, but the county administrator does not, so holding both positions does not violate separation of powers.…
Can a Mississippi county let the Red Cross use a county building for free?
Yes, with a cap. The AG concluded that under Miss. Code Ann. § 19-5-93(1), Yazoo County could enter into a use agreement with the American Red Cross for free use of a county-owned building, treating i…
Are total donation amounts to specific charities under Mississippi's Children's Promise Act tax credits public information?
Yes. The AG concluded that the total contribution amounts received by individual charities under Mississippi's Children's Promise Act tax credit programs are subject to disclosure under the Public Rec…
Can a Mississippi county offer health insurance dependent coverage to some employees but not others?
Yes. The AG concluded that under Miss. Code Ann. § 25-15-103(4)(b), as amended in 2019, a county Board of Supervisors may provide group hospitalization benefits and life insurance for specified groups…
If a Mississippi defendant misses a justice or municipal court date for a traffic ticket, can the judge issue a warrant and require a cash bond equal to the fines?
The court can hold the no-show defendant in contempt and impose a fine up to $1,000 or six months in jail, or both. A cash bond is not strictly proper because contempt has already been adjudicated. Af…
Does the Fresh Start Act limit the Mississippi Funeral Services Board from disqualifying applicants for prior crimes?
Partly. The AG concluded that the Funeral Services Board's enabling statute, Miss. Code Ann. § 73-11-51, did not bar an applicant for a prior criminal conviction. So Fresh Start Act § 73-77-5 applied …
Does Mississippi's Fresh Start Act let a person with a serious felony become a licensed nursing home administrator?
No, for serious felonies. The AG concluded that Miss. Code Ann. § 43-11-13(5)(c), which bars nursing home administrator licensure for felonies including drug offenses, murder, manslaughter, sexual bat…
Does Mississippi's Fresh Start Act stop the Optometry Board from rejecting a license applicant for a moral-turpitude crime?
No. The AG concluded that Miss. Code Ann. § 73-19-23(1), which lets the Optometry Board refuse, cancel, or suspend a license for 'conviction of a crime involving moral turpitude,' was 'applicable stat…
Does Mississippi's Fresh Start Act of 2019 stop the social-worker board from denying a license based on a felony conviction?
No. The AG concluded that the social-work board's enabling statute, Miss. Code Ann. § 73-53-13, was 'applicable state law' that exempted the board from the Fresh Start Act's restrictions on using prio…
Does a Mississippi tax collector in a two-district county get $7,000 extra pay or just $3,500?
$7,000. The AG concluded that under Miss. Code Ann. § 25-3-3(5), the Hinds County Tax Collector was entitled to two mandatory $3,500 supplements: one for serving in a county with two judicial district…
Can a Mississippi levee board partner with the Army Corps to build a flood-control berm that disturbs a cemetery on the levee toe?
Yes, with conditions. The AG concluded the Mississippi Levee Board has plenary constitutional authority under Article 11, Section 232 to construct, or partner with the Army Corps of Engineers to const…
Can a Mississippi mayor and aldermen replace an appointed school board member before the appointee's five-year term ends?
No. The AG concluded that an appointed municipal-separate-school-district trustee was entitled to serve the full five-year term as long as he remained qualified, and a mayor and aldermen could not rep…
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Attorney general opinions in Mississippi are written by the Mississippi Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.