Can a Mississippi community college let an elected official use its facilities for free to host a college and career fair?
Plain-English summary
An elected official traditionally hosts an annual college and career fair at the Washington County Convention Center in Greenville. The convention center was under renovation and unable to host. The official asked Mississippi Delta Community College (MDCC) to use its facilities. MDCC normally charges fees for facility use; could it allow this use at no charge?
The AG said yes. The reasoning is straightforward:
- Community colleges are agencies of local government under § 37-4-1(k), governed by their own boards of trustees under § 37-29-67. The board owns the college's property under §§ 37-29-33 and 37-29-5.
- § 37-29-67(1) gives the board "general government" of the college and "full power to do all things necessary to the successful operation of the district and the college."
- § 37-29-67(3) says the enumeration of powers is supplemental; the board has additional powers previously authorized by statute and is not restricted by the listed powers.
- A college and career fair is mutually beneficial to the college (recruitment, visibility, mission alignment) and the local community (high school students get exposure to higher education and career options).
Given the board's broad authority and the genuine mutual benefit of a college fair, the board may, in its discretion, host the fair at no charge.
The AG noted that it cannot validate or invalidate past actions; the question is prospective.
What this means for you
If you are a community college administrator or board member
You have broad latitude under § 37-29-67. Free or discounted facility use for events that align with the college's mission is generally within your authority. Practical considerations:
- Document the mission alignment in board minutes when you waive fees. A college and career fair is obviously aligned; less obvious uses may require a clearer rationale.
- Apply consistent standards. If you waive fees for one event, similar events should be treated similarly to avoid favoritism concerns.
- Consider insurance, security, and other costs that may still need to be addressed even if facility-use fees are waived.
- Check your existing policies for community use of facilities. Many colleges have published policies; your decision should align with or update those policies as needed.
If you are an elected official organizing a community event
Reach out to community colleges, school districts, and other public facilities. Many can offer free or low-cost space for community-benefit events. Build the case in writing: who benefits, how it aligns with the host's mission, what the host gets out of hosting.
If you are a high school counselor referring students to college fairs
Free fairs at community colleges are a feature, not a glitch. The hosting college sees the fair as recruitment and as community service simultaneously. Encourage your students to attend, and connect with the local community college if your students could benefit from a college and career fair tailored to your area.
If you are a competing private venue
Public facilities can sometimes offer free use for community-benefit events, which can affect competition. The legal authority for that is real (broad statutory authority under § 37-29-67). The remedy isn't a legal challenge; it's value differentiation.
If you are a student
Find out about college and career fairs in your area. They're often free for attendees, hosted at colleges or convention centers, and bring together college recruiters, employers, and military representatives. Even if you're not certain about your post-high-school path, attendance is low-risk and can open doors.
Common questions
Q: What is § 37-29-67?
A: It is the principal statute governing the duties and powers of community college boards of trustees. Subsection (1) gives them "general government" of the college and "full power to do all things necessary to the successful operation of the district and the college."
Q: Why are community colleges treated as local government agencies?
A: § 37-4-1(k) classifies them this way. They are funded in part by local taxes, governed by local boards, and operate within geographic districts.
Q: Does this mean any free use is allowed?
A: No. The board has broad authority but must exercise it in good faith and consistent with the college's mission. Use that benefits the college and aligns with its educational mission is supportable. Pure private benefit might not be.
Q: Could the college charge a partial fee instead?
A: Yes. The board has discretion to charge full, partial, or no fee. The AG's opinion says no charge is permissible; it doesn't require no charge. Partial fees aligned with actual costs (utilities, custodial) are also fine.
Q: What if the elected official is also running for higher office?
A: That raises potential ethics concerns about indirect campaign benefit. The Mississippi Ethics Commission would be the right contact for those concerns. The AG's opinion focuses on the bare facility-use authority, not the political dynamics.
Q: Can the college host events for non-elected officials too?
A: Yes. The authority isn't limited to elected officials. Any community-benefit event can be considered.
Q: What about insurance and liability?
A: Most community colleges require insurance certificates from external users, even for free events. The free-use authority doesn't exempt you from liability protections. Coordinate with the college's risk management office.
Background and statutory framework
Mississippi community colleges are unique in the Mississippi educational landscape. They are quasi-governmental, with elected or appointed boards of trustees, and they own their own property. The framework:
- § 37-4-1(k) classifies community colleges as agencies of local government.
- § 37-29-5 vests title to community college property in the college's board of trustees.
- § 37-29-33 addresses property of community colleges.
- § 37-29-67 gives the board "the general government of the community/junior college and directive of the administration thereof."
The "broad power" framing the AG uses is consistent with how Mississippi courts and AG opinions have read § 37-29-67. The board is presumptively authorized to do what's "necessary to the successful operation" of the college, with the enumerated powers being illustrative rather than exhaustive.
A college and career fair fits squarely in this authority. It serves the college's recruitment and educational mission. It serves the community's interest in connecting students with college and career resources. Both purposes align with the college's reason for existing.
The AG's opinion is permissive, not directive. The board may host without charge; it can also charge full or partial fees if it chooses.
Citations and references
Statutes:
- Miss. Code Ann. § 37-4-1(k) (community colleges as agencies of local government)
- Miss. Code Ann. § 37-29-5 (title to community college property vested in the board of trustees)
- Miss. Code Ann. § 37-29-33 (community college property)
- Miss. Code Ann. § 37-29-67 (duties and powers of board of trustees; general government and full operational power)
Prior AG opinion referenced:
- MS AG Op., Holleman (Apr. 2, 2010): community colleges are agencies of local government.
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/11/J.Davis-November-28-2023-Community-College-Hosting-College-and-Career-Fair-at-No-Fee.pdf
Original opinion text
November 28, 2023
Jonathan W. Davis, Esq.
Mississippi Delta Community College, Board of Trustees
Post Office Box 29
Indianola, Mississippi 38751-0029
Re: Community College Hosting College and Career Fair at No Fee
Dear Mr. Davis:
The Office of the Attorney General has received your request for an official opinion.
Background
An elected official traditionally hosts an annual college and career fair at the Washington County Convention Center in Greenville. However, the convention center is currently under renovation and thus unable to host this year. As a result, the elected official has asked Mississippi Delta Community College ("MDCC") to use its facilities to host the college and career fair. MDCC typically charges a fee to use its facilities but would like to know if it may allow an elected official to use its facilities at no charge or a discounted fee to host a college and career fair for high school students in the region.
Question Presented
May MDCC allow an elected official to use the college's facilities at no charge to host a college and career fair for high school students in the region?
Brief Response
Given the board of trustees' broad power regarding the operation of a community college, it is the opinion of this office that the MDCC board of trustees, in its discretion, may allow an elected official to use the college's facilities at no charge to host a college and career fair for high school students in the region.
Applicable Law and Discussion
As an initial matter, this office can neither validate nor invalidate past action. To the extent that your question involves any previous action taken by MDCC, we are unable to respond with an official opinion.
Community colleges are considered agencies of local government and are governed by a board of trustees. Miss. Code Ann. §§ 37-4-1(k), 37-29-67; MS AG Op., Holleman at *2 (Apr. 2, 2010). Community colleges own their own property, and title to all community college property is vested with the colleges' respective board of trustees. Miss. Code Ann. §§ 37-29-33, 37-29-5.
The board of trustees' authority regarding the operation of the community college is broad. Indeed, pursuant to Mississippi Code Annotated Section 37-29-67:
(1) The duties of the board of trustees shall be the general government of the community/junior college and directive of the administration thereof. Subject to the provisions of Sections 37-29-1 through 37-29-273, the board shall have full power to do all things necessary to the successful operation of the district and the college or colleges or attendance centers located therein to insure educational advantages and opportunities to all the enrollees within the district.
...
(3) The delineation and enumeration of the powers and purposes set out in Sections 37-29-1 through 37-29-273 shall be deemed to be supplemental and additional, and shall not be construed to restrict the powers of the board of trustees of the district or of any college located therein so as to deny to the said district and the college or colleges therein the rights, privileges and powers previously authorized by statute.
A college and career fair would be mutually beneficial to MDCC and the local community. With this in mind and given the board of trustees' broad power regarding the operation of a community college, it is the opinion of this office that the MDCC board of trustees, in its discretion, may allow an elected official to use the college's facilities at no charge to host a college and career fair for high school students in the region.
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/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General