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 a library system can use the general appropriation as appropriated, including for facility repairs and maintenance.

What this means for you

Library directors and library boards of trustees

Treat your annual general appropriation as flexible across the categories Section 39-3-3 names: land, buildings, equipment, and maintenance. You do not need a follow-up vote of the city council to spend appropriated dollars on a roof repair or HVAC project. Of course, your local governance documents and board policies may impose additional approval steps, especially for capital expenses; the AG opinion does not override those.

City attorneys and municipal finance officers

If a library system asks whether it can spend appropriated money on facility work, the answer is yes under Section 39-3-3 unless the appropriation itself contained a specific limiting condition. If the city council does want to designate a portion of the library appropriation for, say, books only, that designation has to be in the appropriating order itself, not added later.

City councilmembers

The annual library appropriation is the operative document. If you want to control how the library spends, do it at appropriation time with restrictive language, not by trying to claw back operating discretion mid-year.

Library system patrons and journalists

This means a library system has reasonable spending flexibility once it is funded. If your local library has been told it cannot fix a leaking roof until the city votes a separate appropriation, the AG's answer says that's not required by state law.

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. Section 39-3-3 does not require special appropriations for repairs and maintenance.

Can the city restrict how the library uses appropriated dollars?
Yes, by attaching restrictions in the order making the appropriation. The AG's opinion addresses what happens when no restriction is attached.

Does this apply to county libraries that are not joint city-county systems?
Section 39-3-3 governs library systems created under Article 1 of Title 39 Chapter 3. The principle, that maintenance falls within the funding statute and need not be specially appropriated, would apply to comparable library structures, but the specific statutory section is what controls. Counsel should verify with the actual statute for the specific library structure.

Does the AG have a position on what counts as "repair" versus "capital improvement"?
Not in this opinion. The Williams opinion the AG relies on says Section 39-3-3 covers "capital improvements." So both routine repairs and capital projects appear to be within general-appropriation use.

Does this affect MAEP or any other state-aid funding the library receives?
No. The opinion is about local appropriations. State-aid funding has its own rules.

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 shows the legislature contemplated 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