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.
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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…
What authority does Union County have to renew its hospital lease without trustees, and can it change the hospital fund rules by agreement?
Section 41-13-15(11) gives the owner the right to enter a lease on agreed terms when no hospital board of trustees exists. The AG did not decide whether Union County may renew its executed 1989…
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…
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…
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…
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.
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…
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…
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…
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…
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 §…
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…
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…
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,…
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…
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…
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…
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…
Can a Mississippi city give federal flood-mitigation grant money directly to private homeowners?
The opinion states a general state-law rule: a city cannot donate public funds to private citizens without consideration unless specifically authorized by law. It does not decide how that rule…
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 §…
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…
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…
Does Mississippi's three-year limitations period bar a city's old claim against a county for taxes under an interlocal agreement?
The three-year period in § 15-1-49 does not bar this kind of claim. Section 104 of the Mississippi Constitution provides that statutes of limitation do not run against the state or any political…
Can a Mississippi city create a revitalization district where buildings are exempt from some or all of the city's building code?
Generally no. Miss. Code Ann. § 17-2-4(1) makes the State Uniform Construction Code mandatory, and § 17-2-4(3) gave cities only a 120-day window from August 1, 2014, to opt out. The opinion says…
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.'…
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,…
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…
Can a Mississippi county supervisor also serve as executive director of the Pat Harrison Waterway District?
It depends on the executive director's powers. A county supervisor exercises 'core powers' within the judicial branch under Mississippi separation of powers doctrine. The Pat Harrison Waterway…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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'…
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…
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…
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…
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…
Does Mississippi's ban on employing people convicted of embezzling public funds also bar contracts with companies they own?
No. Miss. Code Ann. § 25-1-113 bars specified public employment, but the AG says it does not prohibit a county from contracting with a corporation or LLC controlled or wholly owned by someone…
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,…
Does Mississippi's electronic transactions law apply when a sheriff takes a bail bond?
A bail bond is a court document under Miss. Code Ann. § 9-1-51(e), so § 75-12-5(b)(4) excludes it from the Uniform Electronic Transactions Act. The AG did not decide what other rules govern the…
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…
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…
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?
The AG found no explicit authority for Batesville to donate its interest to the county without consideration. Section 17-25-25(5) may provide a no-cost disposal method if the city finds its interest…
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…
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. §…
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.…
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…
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?
The county may use ERBR funds for note payments coming due after it received the funds if it finds that paying the note is a project expense and follows its MDOT agreement. The AG answered no to…
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…
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…
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…
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…
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…
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…
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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.