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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In Mississippi, can a city council interview candidates before appointing them to the local school board?
Yes. Assuming the city's charter is silent, the city council may interview candidates for school board appointment under Mississippi's municipal home-rule statute, Section 21-17-5. The AG referred que…
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?
Yes. A Mississippi public library system created under Article 1 of Title 39 Chapter 3 may use a city's general appropriation, with no special set-aside required, to make repairs and maintain its faci…
In Mississippi, can someone running for county election commissioner show a political party label on the ballot, and can a sitting commissioner stay in their party?
Yes, with strict limits. A candidate for county election commissioner may declare a party affiliation and have it printed on the ballot under Section 23-15-213(3). A sitting commissioner may remain in…
If a Mississippi county orders road equipment before the supervisors' last six months in office but the equipment doesn't arrive until after the cutoff, does that violate the six-month rule?
No violation. Mississippi Code § 19-11-27 prohibits a board of supervisors from buying machinery or equipment in the last six months of their term. The 'buying' happens when the purchase requisition r…
Can Mississippi's child-protection agency spend its state funds to buy a parent a car or pay private-school tuition for a child in state custody?
Before July 1, 2023, no. Mississippi Department of Child Protection Services state funds could not be used to buy a vehicle for a parent of a child in agency custody, or to pay private school tuition …
Does a Mississippi town have to withhold state income tax from aldermen's pay and from the city attorney's pay?
For state taxes, aldermen are employees of the town and their pay is subject to state income tax withholding. The city attorney is either a town employee or an independent contractor, depending on fac…
Can a Mississippi city require apartment complexes and multi-unit housing developments to install security cameras and turn over the recordings to police?
No. A Mississippi city is not authorized under § 21-17-5 (home rule) or § 21-19-15(1) (police regulations) to require private apartment complexes to install security cameras or to maintain and provide…
Does a Mississippi justice court judge get an automatic raise when the county's population grows past a salary-tier threshold?
No raise for population growth alone. A Mississippi justice court judge's salary under Section 25-3-36(2)(b) is locked to the salary scale in effect on September 30, 2008, not the current population. …
Can a Mississippi bus driver bring their own kids on the school bus when transporting students to a game or other school event?
No. Mississippi law lets school buses carry students to athletic or extracurricular events only when those students are participating in the event. The driver's own kids, grandkids, or wards may not t…
Can a Mississippi city zone a county-owned utility plant or pass an odor ordinance against it?
Cities can apply reasonable zoning ordinances and odor regulations to county utility authorities like JCUA, but cannot enact ordinances that effectively prevent the authority from fulfilling its statu…
Can a Mississippi community college nursing program require students to get the COVID-19 vaccine?
Generally no. HB 1509 makes it unlawful discrimination for a Mississippi public community college to deny educational opportunities based on COVID-19 vaccination status, including in nursing programs.…
When the Mississippi Workers' Compensation Commission hires, fires, promotes, or demotes staff, does the chairman decide alone or does the full Commission act as a body?
It depends on the action. The chairman acts alone on day-to-day administrative work and case-assignment decisions. But for promulgating rules and regulations, including rules for the appointment, prom…
If a foreign individual buys more than 320 acres of Mississippi farmland, is the deed automatically void, or does the land go to the state through escheat?
The transfer itself is not declared null and void by Section 89-1-23. Instead, land held or acquired contrary to the statute 'shall escheat to the state.' That distinction matters: the deed is effecti…
If someone is court-committed for drug or alcohol treatment in Mississippi, can the state hospital just transfer them to the psychiatric ward?
No. A state hospital cannot reroute a person court-committed for substance use disorder treatment into an inpatient psychiatric ward under Section 41-31-11. The hospital's medical director can, howeve…
Can Mississippi's Medicaid agency negotiate liability caps with actuarial firms, or does the state constitution prohibit limiting their liability?
The AG declined to opine on whether § 43-13-117(K) violates Mississippi Constitution § 100. Statutes are presumed constitutional until a court of competent jurisdiction rules otherwise. Section 43-13-…
Can a Mississippi small-town police chief also work part-time for the city's water utility?
Yes, with limits. The Mississippi AG sees no separation-of-powers problem with a town's police chief also serving as an assistant water utility maintenance worker, since both positions are in the exec…
If a Mississippi school board approved a job and supplements but couldn't pay the full salary until the salary cap was amended, can the employee get back pay?
The AG declined to opine. Whether a Mississippi school district's delay in amending its administrative salary cap to permit supplemental pay qualifies as the 'administrative error' exception to Sectio…
If a Mississippi city annexes my neighborhood, do I have to wait two years before I can run for city council?
No new wait. Mississippi candidates need two years of continuous residency in the territory they want to represent (§ 23-15-300(1)). When a municipality annexes part of the county, residents of the ne…
Can the Harrison County Utility Authority approve a solid waste contract over Gulfport's abstention, when the city no longer participates in solid waste services?
No. The Harrison County Utility Authority can only enter contracts affecting rates, bonds, or capital improvements by unanimous vote of all board members under § 49-17-729(2). Even though Gulfport wit…
Can a county and youth court reporter in Mississippi be paid more than $64,000 a year?
No. Mississippi's circuit/chancery court reporter cap of $64,000 (for reporters with 10+ years of experience) under § 9-13-19(1) flows down to county and youth court reporters via § 9-13-61, which let…
Can a Mississippi town donate money to a Boys and Girls Club that serves town kids but has its main office in a neighboring city?
Yes, if the chapter operates within the town. A Mississippi municipality may donate annually to any chartered chapter of the Boys and Girls Clubs of America 'located within the municipality' under Sec…
If a Mississippi county's assessed property value drops below the next salary tier, do the supervisors lose their old salary or get the new statutory raise?
When a county's assessed valuation drops into a lower tier of Section 25-3-13, supervisors keep their previously locked-in salary (no reduction allowed) but only become eligible for the lower tier's s…
If a Mississippi justice court judge retires through PERS but stays on the bench, can they still collect $25 wedding fees on top of the 25% compensation cap?
No. A justice court judge who retired under the Public Employees Retirement System and continues serving in the same office is capped at 25% of his or her average compensation under § 25-11-127(6). Th…
Can a Mississippi charter school operator consolidate two separate charter contracts (for two grade-divided schools sharing one building) into a single contract to cut administrative costs?
The Charter Schools Act does not directly speak to consolidating two existing charter schools into a single contract. But the Mississippi Charter School Authorizer Board has authority under § 37-28-9 …
If a Mississippi juvenile is caught with cash and drugs, can the sheriff seize the cash for civil forfeiture or does juvenile status protect it?
Yes. The Uniform Controlled Substances Act forfeiture statute (§ 41-29-153) lets local law enforcement seize money possessed by anyone at the time of arrest for felony possession with intent to distri…
When a Mississippi county sheriff is sued personally over how he handled an arrest warrant, does the county have to find a financial stake before paying his legal fees?
It depends on what kind of case. For civil lawsuits like this one, a Mississippi county can pay an officer's legal defense after the board of supervisors makes a factual finding (on its minutes) that …
Under Mississippi's unit-system county road administration, can a board of supervisors deliberately split road bond money equally among the supervisor districts?
No. Under Mississippi's countywide unit system of road administration (§ 19-2-3), all road and bridge funds, including bond proceeds, must be spent based on the needs of the county as a whole, without…
If a Mississippi county hires an online auction vendor to run its delinquent tax sale, can the $20-per-parcel auction fee be charged to property owners who redeem their land?
Yes. A $20-per-parcel auction fee paid by a Mississippi county to an online auction vendor handling its delinquent tax sale is a 'cost[] incident to the sale' under Miss. Code Ann. § 27-45-3 and can b…
What does it mean for a Mississippi commission to be 'assigned to' the Secretary of State 'for administrative purposes only'?
The Office of the Secretary of State must provide the Mississippi Commission on the Holocaust with administrative support (management of activities, organizational tasks) as the commission needs, but …
If a Mississippi county made an error and overcharged me on property taxes for ten years, can the county refund all ten years?
No. A Mississippi county acting on its own motion cannot refund erroneously paid property taxes. The tax collector, after the board of supervisors makes a factual finding the taxpayer is entitled, may…
Can a Mississippi school district run a school bus route to bring teachers to work from out-of-district towns as a recruitment perk?
No. Mississippi school districts have no statutory authority to use public school buses to transport teachers and other employees to and from work, even on a commuter route from outside the district. …
Can a Mississippi town marshal require department employees to clear discussions with him before talking to the mayor or town aldermen?
Yes. As the municipality's chief law enforcement officer under Miss. Code Ann. § 21-21-1, a Mississippi town marshal has supervision and control over all municipal police officers and may adopt and en…
If a Mississippi defendant out on bond gets locked up in another state, does Mississippi treat that out-of-state custody as 'another jurisdiction' for bail-bond surrender purposes?
Yes. The phrase 'another jurisdiction' in Mississippi bail-bond statutes includes jurisdictions outside Mississippi. If a bail agent surrenders a defendant who is incarcerated in another state by givi…
Can a Mississippi town add a checkbox to water bills letting customers round up to the nearest dollar and donate the change to a local charity?
No. A Mississippi town cannot add an optional 'round up your water bill' donation feature. The state's municipal utility-revenue statutes do not permit intentional collection of surplus revenue, and A…
Can a Mississippi county lease a privately-owned building and let a local food-pantry nonprofit use the space rent-free?
No. A Mississippi county cannot spend public money to lease space in a privately-owned building so a nonprofit can occupy it rent-free or for nominal rent. That structure is an unlawful donation under…
When a Mississippi justice court holds civil court in the morning and criminal court the same afternoon, does the constable serving as bailiff get one fee or two?
Two separate fees. A constable who serves as bailiff in justice court for civil cases gets a fee between $55 and $100 for each day or portion of a day in civil court, and a separate $55 to $100 fee fo…
If a Mississippi town's competitive bid notice for a construction project gets no response, can the design consultant just call up contractors privately and pick one?
No. Mississippi's competitive bidding statute (§ 31-7-13(c)) requires public advertisement for purchases over $75,000. When no bids come in, the town has to start the process over with a new advertise…
Can a Mississippi city pay employees a $200 annual bonus for getting a yearly wellness check from their primary care doctor?
Yes, if structured properly. The City of Biloxi can pay a $200 annual incentive to employees who get a wellness check, but only if the program is (1) contracted with the employee before the wellness c…
When a defendant skips court-ordered jail time in Mississippi, is that civil or criminal contempt, and can the judge order them locked up right away?
It depends. Whether skipping court-ordered jail time is civil or criminal contempt is a mixed fact-and-law question that the judge has to decide based on the primary purpose of the contempt order. The…
When a Mississippi nonprofit historical society leases a city building for a museum, is that leasehold interest exempt from property tax?
No. While property owned by a historical society is exempt from ad valorem tax under § 27-31-1(d) when used exclusively and not for profit, that exemption does not extend to a leasehold interest the s…
Can a Mississippi municipal court punish a student caught with tobacco or a vape on school grounds when no other offense is involved?
No. § 97-32-9 prohibits students from possessing tobacco or alternative nicotine products on school property, but the punishment provisions only apply when the student is also found in violation of so…
When you file an expungement petition in Mississippi, do you pay just the $150 statutory fee or are there other civil filing fees on top of it?
Both, depending on how the petition is filed. If the expungement petition under § 99-19-71 is filed inside the original criminal case, only the $150 fee in § 99-19-72 is owed. If the petition is filed…
Can a Mississippi city's rental-property ordinance reach landlords who use contracts for deed to dodge tenant-licensing rules?
Yes, but only if the city determines on the facts that the agreement is rental in nature. A code charter municipality can amend its rental-property ordinance to reach properties where the landlord sti…
Can a Mississippi judge appoint a constable to serve as a riding bailiff in circuit, chancery, or county court?
No. Mississippi's riding bailiff statute (§ 19-25-31) authorizes circuit, chancery, county, and eminent domain court judges to appoint sheriff riding bailiffs only. There is no parallel authority for …
Can a Mississippi county outsource employee payroll to a third-party processing company?
No. The chancery clerk has the statutory duty to issue pay certificates for county employees, and a county cannot contract with a third-party payroll processor to take over that duty. The board of sup…
Can a Mississippi city allow electric stand-up scooters on its public streets and sidewalks?
It depends on the scooter's design. Mississippi has no general law on motor-assisted stand-up scooters. If a particular scooter qualifies as an 'electric personal assistive mobility device' under § 63…
Can a Mississippi city wipe out a resident's past garbage bill for the months when the city had taken away their garbage can?
Yes, but only for the period of no service. If the City of Petal makes a factual finding that the resident did not receive garbage service during a specific period (because the city had removed her ga…
Can a Mississippi county board of supervisors force elected officials' offices onto a new countywide payroll schedule?
No, not for officials who have adopted their own personnel system. § 19-2-9(2) lets each elected county official either adopt their own personnel system or default to the board's. If the official has …
How does Mississippi remove a school board member who has moved out of the district, and are the votes they already cast still binding?
The school board itself decides whether a trustee has moved out of the district and thereby vacated the office, after giving the trustee due process. If the board concludes the trustee was disqualifie…
Can a Mississippi school district pay teacher's assistants their 10-month wages over 12 months so they keep getting paychecks in the summer?
Yes. Mississippi law contains no prohibition on a school district paying teacher's assistants their wages in 12 equal monthly installments, even though they only work 10 months. The pay can be set on …
Can a Mississippi county sell surplus property to a private business below cost, and can it instead donate the property to an economic development district?
Two pieces. Yes, a Mississippi county can sell surplus property to a private business at less than the county paid, as long as the board makes the findings § 19-7-3(3) requires and gets some good and …
Can a Mississippi county board of supervisors override the tax assessor/collector's chosen effective date for employee raises?
No. As long as the raises fit within the tax assessor/collector's approved annual budget, the elected tax assessor/collector decides the effective date of prospective raises for the office's employees…
Can a Mississippi sheriff also draw separate pay for running the county's FEMA Safe Room?
Yes. The salary cap in Miss. Code Ann. § 25-3-25 applies only to a sheriff's pay for performing sheriff duties. A sheriff can hold separate employment, like running a FEMA Safe Room in the county emer…
When a power company files an apportionment error on its public utility property, can the county tax collector fix the error to redistribute taxes correctly among the taxing districts?
No. A Mississippi county tax collector has no authority to unilaterally correct errors in the apportionment of public-utility assessment values approved by the Department of Revenue. The Department of…
Can a Mississippi city locate a polling place outside its city limits to align with the county?
No. Miss. Code Ann. § 23-15-557 lets a municipality choose how many precincts and where polling places are, but every polling place must be within the city limits. Aligning with county precincts is al…
Do unpaid dividends from a self-insured workers' comp group have to be remitted to the Mississippi State Treasurer as unclaimed property?
No. The Mississippi Unclaimed Property Act (§ 89-12-1 et seq.) was amended in 2006 to exclude 'future or prior dividends' made by self-insured workers' compensation groups from the definition of intan…
If a Mississippi city attorney does work for a separately-funded tourism commission, who pays?
The city. Under § 21-15-25, the municipal attorney is paid by the municipality. If the work for the Greenwood Tourism Commission falls outside the contracted-for duties, the city can pay additional co…
Does Mississippi's $400 cost cap in commitment proceedings cover hospital and physician fees, or just court costs?
All costs incidental to court proceedings. The $400 cap in § 41-21-79 includes court costs, prehearing hospitalization, transportation, attorney fees, and physician/psychologist/nurse fees. The cap ap…
Can a Mississippi town shut off water service from another utility to collect on its own sewer bill?
No. Under Miss. Code Ann. § 21-27-23(e), a Mississippi municipality can discontinue services for nonpayment, but only services the municipality itself provides. The Town of Flora does not own the wate…
If a Mississippi city missed the original deadline to grant an industrial replacement-equipment tax exemption, can it still grant a new application years later?
Yes, but only going forward. A Mississippi municipal authority can grant a new (subsequent) replacement-equipment tax exemption application even after the original June 1 filing deadline was missed. T…
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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.