Mississippi Advisory Opinions March 12, 1987: 19870312 (March 12, 1987)

Advisory Opinion Text

Mr. Gale Martin

Mississippi Soil and Water Conservation Commission

Post Office Box 23005

Jackson, Mississippi 39225-3005

Dear Mr. Martin:

Attorney General Edwin Lloyd Pittman received your opinion request and assigned it to me for research and reply.

Your first request states:

“Can soil and water conservation districts pay for meals of guests, Soil Conservation Service (federal) employees, “deputy” commissioners who volunteer their services to the district or others who have a part in a district board meeting.”

The Office of the Attorney General holds the opinion that the soil and water conservation districts may not expend public funds for such meals. Such expenditures require statutory authorization; no such authority exists.

Your second request states:

“Can soil and water conservation districts pay any expenses incurred in holding an election for soil and water conservation district commissioners or is the Mississippi Soil and Waters Conservation Commission required to pay all expenses incurred in local elections?”

The Office of the Attorney General holds the opinion that the soil and water conservation districts may not pay election expenses. Section 69-27-31 very clearly says:

“The committee shall pay all the expenses of such elections, shall supervise conduct thereof, shall prescribe regulations governing th conduct of such election and the determination of the eligibility of voters therein, and shall publish the results of same.

Section 69-27-7(c) states:

“Committee” or “State Soil and Water Conservation Committee” means the state and soil and water conservation commission as renamed under the provisions of § 67-27-2 [sic] and created in section 69-27-9.

Your third request states:

“Can soil and water conservation districts purchase flower arrangements which are to be used for decoration at the district annual meeting which is held to increase support for and awareness of soil and water conservation activities?

The Office of the Attorney General holds the opinion that the soil and water conservation districts may not purchase flower arrangements. Such expenditures do not further the public policy declared in the act.

Your fourth request states:

“Do soil and water conservation districts have the authority to borrow money in order to purchase equipment to be used in soil and water conservation activities?

The Office of the Attorney General holds the opinion that the soil and water conservation districts may not borrow money. Such authority must be expressly granted. Section 69-27-35 does not grant the authority to borrow.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.

Paul R. Knighten, Special Assistant Attorney General.