Can a Mississippi police chief use a city vehicle to commute to a second job outside the city?

Plain-English summary

The City of Gluckstadt wanted to let its police chief use a department-issued vehicle to travel to and from a second, part-time job outside the city limits. The city believed that keeping the official vehicle with the chief would let him remain on call and respond without first changing vehicles.

The Attorney General said a municipal employee ordinarily may not use a city vehicle for that personal purpose. Under Mississippi Code Annotated Section 21-17-5(2)(g), personal use of municipal property is an impermissible donation unless another state law specifically authorizes it.

Section 17-25-11 is one example of specific authority. It permits a certified law enforcement officer to use an official vehicle while performing private security services during off-duty hours, but only when the statute's requirements are met. One stated condition is that the vehicle may be used only at locations within the jurisdiction of the government entity that owns it. Whether the statutory requirements are satisfied is a factual decision for the municipality's governing authorities.

What this means for you

Municipal officials and city attorneys

The opinion does not treat an on-call benefit by itself as authority for a police chief to commute to another job in a city vehicle. Unless a specific Mississippi statute authorizes the use, Section 21-17-5(2)(g) bars it as a donation of public property.

Police chiefs and off-duty officers

Section 17-25-11 can authorize use of an official vehicle while performing private security services during off-duty hours, but the statutory conditions control. The opinion highlights the requirement that the vehicle be used only at locations within the employing government's jurisdiction.

Municipal auditors and governing boards

The opinion assigns the factual question of whether Section 17-25-11's requirements are met to the municipality's governing authorities. It also refers the requester to the Office of the State Auditor for further guidance.

Common questions

Q: Can a police chief use a city vehicle to commute to a second job?
A: Usually not. The opinion treats that as personal use of public property and therefore an impermissible donation unless a separate statute specifically authorizes it.

Q: Does staying on call make the vehicle use permissible?
A: The opinion does not say that an on-call benefit is enough. It looks instead for specific statutory authority permitting the private use.

Q: When does Section 17-25-11 allow use of an official vehicle?
A: The statute allows a certified law enforcement officer to use the vehicle while performing private security services during off-duty hours if all statutory requirements are met.

Q: Can the official vehicle be used outside the city that owns it?
A: Under the condition quoted in the opinion, the vehicle may be used only at locations within the jurisdiction of the governmental entity whose vehicle is involved.

Background and statutory framework

Section 21-17-5 gives a municipality's governing authorities care, management, and control over municipal affairs, property, and finances. Subsection (2)(g) does not authorize a municipal donation unless another Mississippi statute or law specifically allows it. Prior Attorney General opinions treated a municipal employee's personal use of a public vehicle, including travel to a part-time job, as prohibited under that rule.

Section 17-25-11 supplies a limited example of specific authority. It concerns certified law enforcement officers using official vehicles while performing private security services in off-duty hours. The opinion emphasizes that the statute limits use to locations within the jurisdiction of the government entity whose vehicle is involved.

Citations and references

Statutes:

• Mississippi Code Annotated Section 21-17-5(2)(g), municipal donation prohibition
• Mississippi Code Annotated Section 17-25-11, off-duty private security use of official vehicles

Case:

• Patterson v. City of Greenville, 117 So. 3d 630, 632 (Miss. Ct. App. 2013), public property used for private employment

Prior AG opinions referenced: Hunt (Feb. 5, 1999); Dowdy (Apr. 3, 2009); Walker (Mar. 6, 1998)

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/07/Z.-Giddy-July-23-2026-Chief-of-Polices-Use-of-Department-Issued-Vehicle-to-Travel-to-Second-Part-Time-Job.pdf

Original opinion text

July 23, 2026

Zachary L. Giddy, Esq.
Counsel, City of Gluckstadt
800 Avery Boulevard North, Suite 101
Ridgeland, Mississippi 39157

Re: Chief of Police's Use of Department-Issued Vehicle to Travel to Second, Part-Time Job

Dear Mr. Giddy:

The Office of the Attorney General has received your request for an official opinion.

Background

According to your request, the City of Gluckstadt ("City") would like to authorize its Chief of Police to use his department-issued vehicle for travel to and from his second, part-time job located outside the municipality's corporate limits. The City believes that allowing the Chief of Police to use his official vehicle in this manner would enable him to remain "on call" and reduce any delays which would arise by him changing vehicles before responding to incidents.

Question Presented

May the governing authorities of a municipality allow the Chief of Police to use his department-issued vehicle to travel to and from his second, part-time job if they find that doing so would protect the health, safety, and welfare of the community?

Brief Response

Typically, a municipal employee may not use his department-issued vehicle to travel to a second, part-time job because such personal use of public property would amount to a prohibited donation. Miss. Code Ann. § 21-17-5(2)(g). However, such action is allowable if "specifically authorized by another statute or law of the State of Mississippi." Miss. Code Ann. § 21-17-5(2). For example, under Mississippi Code Annotated Section 17-25-11, a municipality may allow law enforcement officers to use department-issued vehicles if the requirements of Section 17-25-11 are met.

Applicable Law and Discussion

Section 21-17-5 provides:

(1) 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. . . .

(2) Unless such actions are specifically authorized by another statute or law of the State of Mississippi, this section shall not authorize the governing authorities of municipalities to . . . (g) grant any donation . . . .

In accordance with this section, this office has opined that, typically, "[a] municipal vehicle may not be used for the personal use of an employee, since such use would constitute an impermissible donation." MS AG Op., Hunt at 1 (Feb. 5, 1999); see also Patterson v. City of Greenville, 117 So. 3d 630, 632 (Miss. Ct. App. 2013) (stating that allowing "public property to be used for private employment" violates Section 21-17-5(2)(g)). We have likewise opined that personal use includes traveling to a part-time job. MS AG Op., Dowdy at 1 (Apr. 3, 2009); MS AG Op., Walker at 1 (Mar. 6, 1998). This said, as shown supra, Section 21-17-5 prohibits donations "unless specifically authorized by another law." MS AG Op., Dowdy at 1. One example of a specific statute authorizing private use of public property is Section 17-25-11, which allows certified law enforcement officers employed by a municipality to utilize their "official vehicle issued by the employing jurisdiction while in the performance of private security services in off-duty hours" where the specific requirements of that section are met. Notably, one of the requirements of that section is that "[t]he official . . . vehicle may be . . . utilized only at locations which are within the jurisdiction of the governmental entity whose . . . vehicle [is] involved." Miss. Code Ann. § 17-25-11. Whether the requirements of Section 17-25-11 are met is a factual determination for the governing authorities of the municipality.

Thus, unless authorized by a specific statutory provision, such as Section 17-25-11, the City may not authorize the Chief of Police to use his department-issued vehicle to travel to his other employment because doing so would be an impermissible donation.

We refer you to the Office of the State Auditor for further guidance to your question.

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/ Kristi D. Kennedy

Kristi D. Kennedy
Special Assistant Attorney General