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 the Mississippi Board of Pharmacy erase records of discipline it previously imposed?
No. The AG found no express or implied authority in the Pharmacy Practice Act for the Mississippi Board of Pharmacy to erase records of its prior discipline. Under § 73-21-103(2), the Board may…
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…
Can a Mississippi city offer broadband service through its municipal electric utility?
The AG reaffirmed that a municipality lacks authority to provide broadband through its municipal utility system because broadband is absent from the statutory list of utility systems. It noted that…
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 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…
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…
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…
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…
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…
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…
Can a Mississippi university pay a faculty member half-salary on a one-semester sabbatical and full salary for the other semester?
The AG said § 37-101-183 allows a university to pay up to 50% of annual salary for a one-semester sabbatical and does not prohibit paying the remaining 50% for work in the other semester, as long as…
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 AG said the MSPA, acting jointly with the MDA, may lease portions of the Port for up to 99 years with exclusive use and possession, and may make contracts incidental or necessary to port…
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…
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…
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…
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…
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…
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,…
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…
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…
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 AG concluded that federal Weeks Act forest payments are neither local property taxes nor payments in lieu of them. The district therefore did not have to escrow the back-payment under §…
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…
Can a Mississippi county prosecutor dismiss a justice court case on his own, without telling the judge or the arresting officer?
The AG said only the judge may dismiss a filed case; a county prosecutor may seek dismissal by motion or other means without the arresting officer's consent. The office found no authority for a…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Does Mississippi's Fresh Start Act limit the Massage Therapy Board's ability to deny a license based on a criminal record?
The AG found that the Massage Therapy Board's conviction-based licensing statutes exempted it from Sections 73-77-5 and 73-77-7(1). Separately, the petition provision in Section 73-77-9(1) covers…
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…
Can a Mississippi HOA charge a transfer fee when a homeowner sells the property?
The 2020 opinion said a property owners' association may charge a transfer fee if its right to do so is in a deed restriction or covenant filed in the public land records. The statute also permits a…
Can a Mississippi city let private organizations or the chamber of commerce use the municipal auditorium without paying a fee?
The AG said a city may let private users, including commercial users, use municipal property without a rental fee under a uniform policy. It must recover direct costs such as utilities and cleaning…
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…
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…
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…
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.…
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…
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.…
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…
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…
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…
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…
Must Madison County compensate shopping-center stores that signed a cross-parking agreement but do not own the land it plans to acquire?
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…
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…
May a Mississippi board of aldermen appoint members to a private board, and does an elected official's service there violate separation of powers?
The AG said municipal aldermen generally may appoint members to a private board under home rule, and an elected mayor or alderman serving on a private board does not violate separation of powers. It…
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…
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…
Can a Mississippi school district pay students cash incentives for ACT scores, and can it pay teachers and staff for school-wide ACT improvements?
The AG said the district cannot pay students cash for prospective ACT performance because it lacks statutory authority and the payments would be unlawful donations. It may pay employee incentives if…
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…
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…
Can a county patrolman enforce Mississippi littering law on county roads, and does a § 97-15-30 conviction carry the extra $50 fine?
The AG said a board of supervisors may employ county patrolmen and include enforcement of § 97-15-30 littering on county roads and rights-of-way in their duties. The additional $50 fine in §…
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…
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 §…
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…
Can a Mississippi city stop using bound minute books and store its meeting minutes only electronically?
Yes. The AG said a municipality may keep its minutes electronically if all statutory requirements, including signing and seal requirements, are met and the public can inspect the minutes at the…
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)…
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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.