Mississippi Advisory Opinions June 07, 2002: AGO 2002-0316 (June 07, 2002)

Advisory Opinion Text

Honorable Charley W. Bridges

Route 1, Box 594

Lambert, Mississippi 38643

Honorable Brooks Earnest

Roger Road

Marks, Mississippi 38646

Re: Payment of Office Rent

Dear Mr. Bridges and Mr. Earnest:

Attorney General Mike Moore has received your request for an official opinion and has assigned it to me for research and reply.

Your letter requests whether it is legal of a board of supervisors to pay rent for office space for a United States Congressman.

Miss. Code Ann. Section 19-3-40(2) states

(2) This section shall not authorize the board of supervisors of a county to (a) levy taxes other than those authorized by statute or increase the levy of any authorized tax beyond statutorily established limits, (b) issue bonds of any kind, (c) change the requirements, practices or procedures for county elections or establish any new elective office, (d) use any public funds, equipment, supplies or materials for any private purpose, (e) regulate common carrier railroads, (f) grant any donation , or (g) without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the county does not have a property interest; unless such actions are specifically authorized by another statute or law of the State of Mississippi . (emphasis added)

We found no provision in law which would allow such payment. Therefore, this office is of the opinion that the board of supervisors may not pay rent for office space for a United States Congressman.

Sincerely,

Mike Moore, Attorney General.

John B. Runnels, Special Assistant Attorney General.