Can a Mississippi city give money to a private citizen to buy playground equipment for a city park?

Plain-English summary

The Mayor of Bruce wanted to know whether the city could give money to citizens (presumably civic volunteers) to buy playground equipment for a park on city property. The intuition: a private group is willing to take care of the procurement, the equipment ends up on city property, the city is just providing the funds.

The AG said no. Mississippi has a clear public-purpose rule for city funds. A city cannot give money to a private citizen, even when the eventual benefit returns to the city. The 2017 Mallette AG opinion is the supporting authority: "without specific statutory authority, a municipality cannot direct funds to individual citizens for housing transition expenses." The same reasoning applies to playground equipment funds.

The good news: the AG explicitly noted the city has authority to buy the playground equipment itself. Section 21-17-5(1) gives city governing authorities "the care, management and control of the municipal affairs and its property and finances," which includes purchasing playground equipment for a city park. Bruce is a code charter municipality, so the procurement decision should follow Sections 21-3-1 et seq. (the code charter provisions for municipal decision-making).

So the route the opinion identifies is the city making the purchase itself, under Section 21-17-5(1), with the decision made as set forth in the code charter provisions, Sections 21-3-1 et seq.

What this means for you

Mayors and city council members

The opinion holds that a municipality may not provide funds to a private citizen to purchase playground equipment, even for a park on city property, because a public entity can only spend money for an appropriate public function and providing money to a private citizen is not one. It also holds the city may decide to purchase the equipment itself under Section 21-17-5(1), which gives the governing authorities care, management, and control of municipal property and finances. For Bruce, a code charter municipality, that decision is made as set forth in Sections 21-3-1 et seq.

Civic volunteers wanting to help with a city park

For volunteers, the opinion means the city cannot route its own funds through a private citizen to buy the equipment. The opinion does not address how volunteers may otherwise participate; it resolves only that any city-funded purchase must be made by the city itself rather than by a private citizen the city has funded.

Municipal attorneys

The opinion rests on the public-purpose principle from the 2017 Mallette opinion: without specific statutory authority, a municipality cannot direct funds to individual citizens. The AG found no statutory authority for a city to fund a citizen's purchase of playground equipment. The permissible route the opinion identifies is the city purchasing the equipment itself under Section 21-17-5(1), following the code charter procedures in Sections 21-3-1 et seq.

Common questions

Can a Mississippi city give a citizen money to buy playground equipment for a city park?
No. The opinion concludes a municipality may not provide funds to a private citizen to purchase playground equipment, even if it is for a park on city property.

Why not?
The opinion reasons that a public entity can only spend money for an appropriate public function, and providing money to a private citizen is not an appropriate expenditure. It cites the 2017 Mallette opinion that, without specific statutory authority, a municipality cannot direct funds to individual citizens.

Can the city buy the playground equipment itself?
Yes. The opinion holds the governing authorities may decide to purchase playground equipment for a park on city property under Section 21-17-5(1).

What does it mean that Bruce is a "code charter municipality"?
The opinion notes Bruce is a code charter municipality, so its decision to purchase is made as set forth in Sections 21-3-1 et seq. The opinion does not discuss other municipal charter forms.

Background and statutory framework

Section 21-17-5(1) gives municipal governing authorities general management authority:

The governing authorities of every municipality of this state shall have the care, management and control of the municipal affairs and its property and finances.

The opinion reads that authority to include the city's own decision to purchase playground equipment for a city park, but it holds that "a public entity can only spend money for an appropriate public function, and providing money to a private citizen is not an appropriate expenditure." It cites the 2017 Mallette opinion, which held that "without specific statutory authority, a municipality cannot direct funds to individual citizens for housing transition expenses." Finding no statutory authority for funding a citizen's purchase of park equipment, the AG concluded the city may not do so.

The opinion adds that, because Bruce is a code charter municipality, the decision to purchase shall be made as set forth in Sections 21-3-1 et seq.

Citations

• Miss. Code Ann. § 21-17-5(1)
• Miss. Code Ann. §§ 21-3-1 et seq.
• MS AG Op., Mallette (Feb. 24, 2017)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/08/J.Hubbard-July-31-2024-Municipalitys-Ability-to-Provide-Funds-to-Citizens-to-Purchase-Playground-Equipment.pdf

Original opinion text

July 31, 2024
The Honorable Jimmy Hubbard
Mayor, City of Bruce
Post Office Box 1326
Bruce, Mississippi 38915
Re: Municipality's Ability to Provide Funds to Citizens to Purchase Playground Equipment

Dear Mayor Hubbard:
The Office of the Attorney General has received your request for an official opinion.

Question Presented
May a municipality provide funds to citizens to purchase playground equipment for a park on city property?

Brief Response
The governing authorities may make the decision to purchase playground equipment for a park on city property pursuant to Mississippi Code Annotated Section 21-17-5(1). However, a municipality may not provide funding to a private citizen to purchase playground equipment for a park on city property.

Applicable Law and Discussion
Section 21-17-5(1) provides that "[t]he governing authorities of every municipality of this state shall have the care, management and control of the municipal affairs and its property and finances." A public entity can only spend money for an appropriate public function, and providing money to a private citizen is not an appropriate expenditure. See MS AG Op., Mallette at *2 (Feb. 24, 2017) (opining that without specific statutory authority, a municipality cannot direct funds to individual citizens for housing transition expenses). Because state law provides no authority for a municipality to provide funds to citizens to purchase playground equipment, regardless if it is for a park on city property, a municipality may not take such action. However, a municipality may make the decision to purchase playground equipment itself for a park on city property. Bruce is a code charter municipality; therefore, such decision shall be made as set forth in Sections 21-3-1, et seq.

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