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?

Subject

Use of City Funds for Library System Repairs and Maintenance

Recipient

Catoria P. Martin, Esq., Attorney, City of Jackson

Plain-English summary

Hinds County and the City of Jackson jointly run the Jackson/Hinds Library System under Section 39-3-3, which lets a county and a municipality combine to operate a public library. In its 2022-2023 budget, Jackson appropriated about $1.95 million to the library system without designating any portion of that appropriation for a specific purpose like building repairs. The city's attorney asked whether the library could use that general appropriation for repairs and maintenance, or whether the city would have to come back later and vote a separate "special appropriation" for that work.

The AG's answer is short. Section 39-3-3 says the cost of "purchasing land, erecting buildings and equipping and maintaining" a public library system is paid "in whole out of the general funds of the county or municipality." The statute does not carve out a separate special-appropriation category for repairs. So the System may use the general appropriation as appropriated, including for facility repairs and maintenance.

What this means for you

Library directors and library boards of trustees

The opinion treats the annual general appropriation as usable across the categories Section 39-3-3 names: land, buildings, equipment, and maintenance. On Jackson's facts the AG concluded the System could spend its general appropriation on repairs and maintenance without a follow-up council vote, because the statute puts those costs on the general fund and does not call for a separate special appropriation.

City attorneys and municipal finance officers

The AG's answer is tied to the appropriating order. Jackson's order set aside nothing for a specific purpose, and on those facts the opinion held the System could use the general appropriation for repairs and maintenance under Section 39-3-3. The opinion addresses the no-restriction situation; it does not decide what happens when an appropriating order does attach a specific condition.

Library system patrons and journalists

For a joint city-county system funded by a general appropriation, the opinion reads Section 39-3-3 to let the system spend appropriated dollars on facility repairs and maintenance without waiting on a separate special appropriation. If a library has been told it cannot make a needed repair until the city votes a fresh appropriation, the AG's reading is that state law does not require that extra step.

Common questions

What is the difference between a general appropriation and a special appropriation?
A general appropriation is a lump-sum funding line for the library system's operation. A special appropriation is a separately voted, purpose-specific allocation. The opinion reads Section 39-3-3 as not requiring a special appropriation for repairs and maintenance.

Can the city restrict how the library uses appropriated dollars?
The opinion does not decide that. It addressed the situation where Jackson's appropriating order contained no set-aside for a specific purpose, and held the System could use the general appropriation for repairs and maintenance.

Does this apply to county libraries that are not joint city-county systems?
The opinion is grounded in Section 39-3-3, which governs library systems created under Article 1 of Title 39 Chapter 3. The specific statutory section is what controls, so the structure of a particular library should be checked against the statute.

Does the AG have a position on what counts as "repair" versus "capital improvement"?
The opinion does not draw that line. It relies on the earlier Williams opinion, which read Section 39-3-3 to cover "capital improvements," and reaffirms that reading.

Background and statutory framework

Mississippi authorizes counties and municipalities to establish and maintain public library systems under Title 39, Chapter 3, Article 1 of the Code. Section 39-3-3 provides that the cost of "purchasing land, erecting buildings and equipping and maintaining such public library or public library system shall be paid for in whole out of the general funds of the county or municipality." The breadth of "in whole" plus the inclusion of "maintaining" in the list is what the AG relied on in reading the statute as a single funding source rather than a special-appropriation regime.

The AG previously addressed this same statute in MS AG Op., Williams (Feb. 19, 1999), which says Section 39-3-3 "requires the city or county in the library system to pay for capital improvements in the library which serves that city or county." The Martin opinion reaffirms Williams and applies it to the city of Jackson's general appropriation question.

Citations

• Miss. Code Ann. § 39-3-3 (cost of land, buildings, equipment, and maintenance of public library system paid out of general funds of county or municipality)
• MS AG Op., Williams (Feb. 19, 1999) (Section 39-3-3 covers capital improvements paid by member city or county)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/06/C.Martin-June-23-2023-Use-of-City-Funds-for-Library-System-Repairs-and-Maintenance.pdf

Original opinion text

June 23, 2023
Catoria P. Martin, Esq.
Attorney, City of Jackson
Post Office Box 2779
Jackson, Mississippi 39207-2779
Re:

Use of City Funds for Library System Repairs and Maintenance

Dear Ms. Martin:
The Office of the Attorney General has received your request for an official opinion.

Background
Pursuant to Mississippi Code Annotated Section 39-3-3, Hinds County ("County") and the city of
Jackson ("City") joined together to establish and maintain the Jackson/Hinds Library System (the
"System"). When the City's governing authorities adopted its 2022-2023 budget, the System
received an appropriation in the amount of $1,947,008.00 from the City. Absent from the approved
order authorizing the appropriation was any reference to set-aside money for a specific purpose.
Question Presented
May the Jackson/Hinds Library System utilize a general appropriation from the City to make
necessary repairs and maintain the facilities of the library, or must the City's governing authorities
make a special appropriation in excess of the annual appropriation?
Brief Response
The System may utilize the general appropriation from the city of Jackson for repairs and
maintenance of its library facility in accordance with Section 39-3-3.
Applicable Law and Discussion
Section 39-3-3 provides that where a public library system is created under Article 1 of Title 39
Chapter 3, the "cost of purchasing land, erecting buildings and equipping and maintaining such
public library or public library system shall be paid for in whole out of the general funds of the
county or municipality." (Emphasis added). The statute does not address a need for special or
specific appropriations.
In the Williams opinion you reference in your request, we stated that Section 39-3-3 "requires the
city or county in the library system to pay for capital improvements in the library which serves
that city or county." MS AG Op., Williams at *2 (Feb. 19, 1999). This remains the opinion of our
office. Accordingly, the System may utilize the general appropriation from the city of Jackson to
make necessary repairs and maintain the library's facilities.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General