Can a Mississippi town sell a retired police vehicle to a county constable who is also the town's fire chief?

Plain-English summary

The Town of Prentiss had a police Tahoe its police department was no longer using and wanted to sell it to a county constable, who also happened to be Prentiss's fire chief, for use as a constable vehicle. The mayor asked whether that was legal.

Section 17-25-25 is the Mississippi statute that controls how counties and municipalities dispose of personal property that has stopped being used for public purposes. The AG laid out the framework: first, the governing authority has to make the factual finding that the property is no longer being used for public purposes (or that selling would otherwise be in the city's best interest). Then the statute prescribes the sale method based on value: for property worth $1,000 or less, a private sale by unanimous vote of the governing body is permitted; for property worth more than $1,000, a public sale (with at least 10 days of bid notices posted in three public places, including the main office) or a public auction (run by an auctioneer meeting State Department of Audit standards) is required.

Critically for Prentiss's question, Section 17-25-25 does not restrict who can buy. A constable can buy. A fire chief can buy. The buyer's identity is not the legal hurdle. The AG did flag, however, that because the buyer holds dual roles in the same town, the mayor should consult the Mississippi Ethics Commission to check for conflict-of-interest concerns separate from the disposal statute itself.

What this means for you

For mayors and boards of aldermen

The opinion lays out Section 17-25-25's framework. The governing authority first has to make the factual determination that the property is no longer being used for a public purpose (a finding the AG said the city, not this office, makes). The sale method then turns on value: a private sale is allowed only if the property is worth $1,000 or less and the governing body unanimously approves; otherwise the city uses a public sale (bid notices posted at least 10 days before bid opening at three public places, one of them the main office) or a public auction run by an auctioneer meeting State Department of Audit standards. On the dual-role buyer, the AG recommended "contacting the ethics board regarding any potential conflicts of interest."

For city attorneys

The substantive point in this opinion is that Section 17-25-25 does not impose a who-can-buy limit. The AG concluded that once the city complies with the statute, it "may sell the Tahoe to a county constable, fire chief, or any other individual or entity." The opinion's footnote adds that Section 17-25-25(6) allows private sales to other governmental agencies such as counties, citing also Section 31-7-13(m)(vi) on intergovernmental sales.

For sheriffs, constables, fire chiefs, and other local officials interested in buying surplus city property

You can be a buyer; the statute restricts the city's process, not who is eligible. The AG concluded Prentiss could sell to a county constable, fire chief, or any other individual or entity, so long as it complies with Section 17-25-25. The opinion also recommended an ethics review for the dual-role buyer, given the constable also served as the town's fire chief.

Common questions

How does a Mississippi city decide whether to do a private sale, a public sale with bids, or an auction?

The sale method is driven by value. Section 17-25-25(3) allows a private sale only if the property is worth $1,000 or less, and only if the governing authority approves the sale unanimously. Above $1,000, the opinion describes a public sale (after at least 10 days of posted notices in three public places, one at the main office) or a public auction (run by an auctioneer meeting State Department of Audit standards).

Can a city sell a retired police vehicle to a private citizen who has nothing to do with law enforcement?

Yes. Section 17-25-25 does not limit buyers. A retired police vehicle is just personal property the city has declared surplus.

What about selling to another government agency without going through the bid process?

Section 17-25-25(6) authorizes private sales to other governmental agencies, like counties. Section 31-7-13(m)(vi) reinforces this with intergovernmental sales authority. So a city-to-county sale, for example, can skip the public bid path.

Why does ethics matter if the disposal statute permits the sale?

The disposal statute and the ethics statutes are separate bodies of law. Section 17-25-25 governs the city's authority to dispose; the ethics statutes govern conflicts of interest where a public official has a personal financial interest in a transaction with the public body the official is connected to. The Mississippi Ethics Commission can opine on whether a particular dual-role buyer creates a conflict and, if so, what to do about it. The AG's office does not issue ethics opinions, which is why this opinion routes that question to the Ethics Commission.

Does the rule apply to other surplus property too, not just vehicles?

Yes. "Personal property" in Section 17-25-25 expressly includes equipment, vehicles, fixtures, furniture, firearms, and commodities. Same disposal framework.

Background and statutory framework

Section 17-25-25 is the Mississippi statute that authorizes counties and municipalities to sell or dispose of personal or real property that has ceased to be used for public purposes (or where the governing authority finds a sale would promote the entity's best interest). The statute defines disposal methods:

• Subsection (2): Public sale by sealed competitive bid, with notice posted at least 10 days before bid opening at three public places, including the governing authority's main office. Bids may be sealed envelope, electronic, or any method promoting open competition.
• Subsection (3): Private sale, but only if the property is $1,000 or less in value and the governing authority unanimously approves.
• Subsection (4): Public auction conducted by an auctioneer or auction company meeting State Department of Audit standards.
• Subsection (6): Private sale to another governmental agency (county, etc.) outside the public bid path.

Section 31-7-13(m)(vi) addresses intergovernmental sales as an alternative to the standard procurement path.

Citations

• Miss. Code Ann. § 17-25-25(1)–(4), (6)
• Miss. Code Ann. § 31-7-13(m)(vi)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/09/C.Dumas-August-30-2024-Authority-to-Sell-Police-Tahoe.pdf

Original opinion text

August 30, 2024
The Honorable Charles A. Dumas
Mayor, Town of Prentiss
Post Office Box 1344
Prentiss, Mississippi 39474
Re:

Authority to Sell Police Tahoe

Dear Mayor Dumas:
The Office of the Attorney General has received your request for an official opinion.
Question Presented
May the Prentiss Police Department sell a police Tahoe — no longer being used by the police
department — to a county constable, who also serves as the Prentiss fire chief, for use as a constable
vehicle?
Brief Response
Mississippi Code Annotated Section 17-25-25 sets forth the ways that a municipality may dispose
of personal property that is no longer being used for a public purpose. Section 17-25-25 does not
limit who may purchase the personal property. If Prentiss makes the factual determination that the
governing authority is no longer using the subject police Tahoe, it may sell the Tahoe to a county
constable, fire chief, or any other individual or entity so long as it complies with that Section.
Applicable Law and Discussion
Section 17-25-25 authorizes municipalities to sell or dispose of personal property, including but
not limited to vehicles, upon cessation of said property being used for a public purpose. Section
17-25-25(3) provides that "[w]here the personal property does not exceed One Thousand Dollars
($1,000.00) in value, the governing authority, by a unanimous approval of its members, may sell
or dispose of the property at a private sale." If the personal property exceeds $1,000.00 in value, a
public sale or auction would be necessary:
(1) General. The governing authority of a county or municipality may sell or
dispose of any personal property or real property belonging to the governing
authority when the property has ceased to be used for public purposes or when, in
the authority's judgment, a sale thereof would promote the best interest of the
governing authority. For purposes of this section, the term "personal property,"
includes, but is not limited to, equipment, vehicles, fixtures, furniture, firearms and
commodities.
(2) Public sale. At least ten (10) days before bid opening, the governing authority
shall advertise its acceptance of bids by posting notices at three (3) public places
located in the county or municipality that the governing authority serves. One (1)
of the three (3) notices shall be posted at the governing authority's main office. The
governing authority may designate the manner by which the bids will be received,
including, but not limited to, bids sealed in an envelope, bids made electronically
or bids made by any other method that promotes open competition. The proceeds
of the sale shall be placed in a properly approved depository to the credit of the
proper fund.
...
(4) Public auction. The governing authority of a county or municipality may sell or
dispose of any surplus personal or real property at a public auction that shall be
conducted by an auctioneer or auction company that meets the standards established
by the State Department of Audit and is hired by the governing authority of a county
or municipality.
Miss. Code Ann. § 17-25-25(1)-(2), (4).
In summary, a municipality must comply with Section 17-25-25 when selling personal property
— such as a police Tahoe — that is no longer being used. Section 17-25-25 does not limit who may
purchase the personal property. If Prentiss makes the factual determination that the governing
authority is no longer using the subject police Tahoe, it may sell the Tahoe to a county constable,
fire chief, or any other individual or entity so long as it complies with Section 17-25-25.
Lastly, you note in your request that the subject county constable also serves as the Prentiss fire
chief. We recommend contacting the ethics board regarding any potential conflicts of interest.
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

Section 17-25-25(6) allows private sales to other governmental agencies, such as counties. See also Miss.
Code Ann. § 31-7-13(m)(vi) (addressing intergovernmental sales).