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

Community college administrators and trustees

The opinion holds that, given the board of trustees' broad power over the operation of the college under § 37-29-67, the board "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." It grounds that in § 37-29-67(1) (the board has "full power to do all things necessary to the successful operation of the district and the college") and § 37-29-67(3) (the enumerated powers are supplemental and do not restrict the board). The opinion's rationale is that a college and career fair "would be mutually beneficial to MDCC and the local community."

Elected officials and the community

The opinion answers a narrow question: whether the community college board may host this fair at no charge. It concludes the board may, because of its broad operational authority and the mutual benefit of the event. The request had also mentioned a discounted fee, and the opinion frames the no-charge option as permissible (discretionary), not required. It also notes it can neither validate nor invalidate any past action.

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: The opinion states community colleges "are considered agencies of local government and are governed by a board of trustees," citing §§ 37-4-1(k) and 37-29-67 and a prior AG opinion (Holleman). It also notes they own their own property, with title vested in the board under §§ 37-29-33 and 37-29-5.

Q: Does the opinion require the college to host for free?
A: No. It says the board "in its discretion" may allow the use at no charge. The original request mentioned no charge or a discounted fee; the opinion confirms the no-charge option is permissible, leaving the choice to the board.

Q: Why does the opinion say the board can do this?
A: It relies on the board's broad authority under § 37-29-67, plus the finding that a college and career fair "would be mutually beneficial to MDCC and the local community." The opinion did not analyze other facts (such as the official's political status); it answered the facility-use question presented.

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 opinion reads § 37-29-67 as giving the board broad operational authority: subsection (1) grants "full power to do all things necessary to the successful operation of the district and the college," and subsection (3) provides that the enumerated powers are "supplemental and additional" and do not restrict the board.

Applying that authority, the opinion concludes a college and career fair is "mutually beneficial to MDCC and the local community," so the board may host it at no charge. The holding is permissive: the board may host without charge, but the opinion does not require it to.

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