Mississippi Advisory Opinions January 11, 2013: AGO 2012-00571 (January 11, 2013)

Advisory Opinion Text

Mr. Joseph D. Neyman, Jr.

Post Office Box 346

Hernando, Mississippi 38632

Avery Mounger Lee, Special Assistant Attorney General

RQNM: Joseph Neyman

SUBJ: Supervisors

SBCD: 227

Re: Authority of Board of Supervisors

Dear Mr. Neyman,

Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and response. Your letter is quite lengthy, and is not set forth herein in its entirety, but is attached and incorporated by reference. In your letter you explain that the board of supervisors would like to place a new logo on all county vehicles to allow the public to better recognize county vehicles. The county has considered placing the new logo on the side doors of the vehicles and placing the name of the county department immediately underneath the logo in lettering three (3) inches in height, and on the rear of the vehicle the department would be identified in lettering at least one to one and one half (1 - 1 ½) inches tall. The questions you pose to our office are:

1) Is a County permitted to affix a permanent decal or design at least twelve (12) inches in height and twelve (12) inches in width on both sides of its vehicles just as municipalities can under Mississippi Code §25-1-87 (1972)?

2) Assuming the answer to question no.1 is in the affirmative and the County places its logo on the side doors of the vehicles, will the County department or political subdivision be required to also be identified in accordance with the lettering requirements of Mississippi Code §25-1-87?

Research and Response

Miss. Code Ann, Section 19-3-40 (2012) states:

(1) The board of supervisors of any county shall have the power to adopt any orders, resolutions or ordinances with respect to county affairs, property and finances, for which no specific provision has been made by general law and which are not inconsistent with the Mississippi Constitution, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi; and any such board shall likewise have the power to alter, modify and repeal such orders, resolutions or ordinances. Except as otherwise provided in subsections (2) and (3) of this section, the powers granted to boards of supervisors in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi.

Except as provided in subsection (2) of this section, such orders, resolutions or ordinances shall apply countywide unless the governing authorities of any municipality situated within a county adopt any order, resolution or ordinance governing the same general subject matter. In such case the municipal order, resolution or ordinance shall govern within the corporate limits of the municipality.

(2) In any county where U.S. Interstate 20 and U.S. Highway 49 intersect, having a population of greater than one hundred forty-one thousand (141, 000) but less than one hundred fifty-one thousand (151, 000) according to the 2010 federal decennial census, the board of supervisors may adopt orders, resolutions and ordinances under subsection (1) of this section for a clearly defined geographic area. The order, resolution or ordinance shall describe the affected geographic area by zoning district, section lines or other discernable boundaries. The order, resolution or ordinance also shall state specific findings to support its purpose and need within the geographic area.

(3) 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.

Thus, it is the opinion of this office that the board of supervisors may place a new county logo on all county vehicles to allow the public to better recognize county vehicles. However, the county must continue to comply with the vehicle identification and marking requirements contained in Miss. Code Ann., Section 25-1-87 (1972). We find no restrictions in state law regarding the size of the county logo placed on county vehicles. MS AG Op., Huggins (December 22, 2006).

If this office can be of any further assistance to you, please let us know.

Sincerely,

JIM HOOD, ATTORNEY GENERAL