May 2011

AERONAUTICS

The City of Gulfport is authorized pursuant to Section 61-3-79 to enter into an Interlocal Agreement with the Gulfport-Biloxi Regional Airport Authority in which the City agrees to certain maintenance, insurance and law enforcement responsibilities on a Nature Trail to be constructed by the Airport Authority on Airport property. (Murdock, 5/20/2011)(#002)(OP-11-00192)

CRIMINAL LAWS

It is not a violation of Section 97-37-17 of the Mississippi Code to possess a firearm on educational property if the person in possession of a firearm is not a student attending school on educational property and the firearm is in the vehicle and the person does not brandish, exhibit or display the fire arm in a careless, angry or threatening manner. (Thompson, 5/27/2011)(#057)(OP-11-00205)

ELECTIONS-QUALIFICATION OF CANDIDATE

One who withdraws as a candidate may not re-enter as a candidate after the qualifying deadline has passed. Whether a candidate effectively withdrew is a question of fact that cannot be addressed in an official opinion. (Jordan, 5/27/2011)(#071)(OP-11-00198)

HOSPITALS-COMMUNITY

The North Sunflower Medical Center is exempt from the requirements of Health Spa Act, Miss. Code Ann. Section 75-83-1 et seq. (Holladay, 5/20/2011)(#092)(OP-11-00178)

HUMAN SERVICES (BD. OF PUBLIC)

The State of Mississippi Department of Human Services may provide office facilities for the local county department of human services and may ultimately determine the location thereof. However, the local county board of supervisors is not required to provide funding or property for it pursuant to Section 43-1-11. (Scott, 5/20/2011)(#030)(OP-11-00154)

INTERLOCAL AGREEMENTS

The proposed Interlocal Agreement between Neshoba County, Mississippi and the Neshoba County Public School District for the Construction and Maintenance of An Access Road on the Neshoba Central School Campus is hereby approved. (White, 5/18/2011)(#277)(OP-11-00179) Interlocal Agreement between Yalobusha County and the City of Oakland to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Hyde, 5/12/2011)(#277)(OP-11-00188) Interlocal Agreement between Yalobusha County and the City of Water Valley to apply for funding under the PSIC Grant to fund interoperable radio communications between public safety agencies of the county and city is approved. (Hyde, 5/12/2011)(#277)(OP-11-00159) Interlocal Cooperative Agreements between Franklin County and cities/towns of Bude in order to allow the named local governmental authorities to apply for funding under the PSIC Grant to fund interoperable radio communications between local public safety agencies is approved. (Causey, 5/5/2011)(#277)(OP-11-00169) Interlocal Cooperative Agreements between Franklin County and cities/towns of Roxie, in order to allow the named local governmental authorities to apply for funding under the PSIC Grant to fund interoperable radio communications between local public safety agencies is approved. (Causey, 5/5/2011)(#277)(OP-11-00168) Interlocal Cooperative Agreements between Franklin County and cities/towns of Meadville, in order to allow the named local governmental authorities to apply for funding under the PSIC Grant to fund interoperable radio communications between local public safety agencies is approved. (Causey, 5/5/2011)(#277)(OP-11-00156) Interlocal Agreement between the Town of Pelahatchie and the Rankin County School District regarding the use of athletic facilities owned by the Town of Pelahatchie is approved. (Slay, 5/25/2011)(#277)(OP-11-00214)

MUNICIPALITIES

A municipality may enter into a lease/leaseback arrangement for the purpose of establishing and constructing a municipal public parking facility, pursuant to its authority under Mississippi Code Annotated Sections 21-37-23 and 31-8-1. According to the facts provided, the developer is not required to comply with the competitive bidding requirements imposed by Section 31-7-13. (Mallette, 5/20/2011)(#142)(OP-11-00165) Whether a salary has been set in good faith and is not arbitrary and unreasonable is a factual determination that cannot be made by this office and is subject to review by a court of competent jurisdiction. (Holder, 5/20/2011)(#142)(OP-11-00182) A municipality may advertise for bids for the service of mowing grass on a particular lot and such bid may solicit unit prices for additional mowing during the year. (Murdock, 5/13/2011)(#142)(OP-11-00171) As a result of the specific statutory authority granted in Mississippi Code Annotated Section 25-15-101, it is not necessary for the city and the county to enter into an interlocal agreement to establish a joint self-insurance plan and enter into a contract with a third party administrator. With respect to contributions made my employees, Section 25-15-101 contemplates a pooling of the employee contributions when two or more political subdivisions have joined to create a self- insurance program. (Dorrill, 5/27/2011)(#142)(OP-11-00196) Property of a municipally owned public utility is exempt from taxation. (Blackmon, 5/27/2011)(#142)(OP-11-00197)

NEPOTISM

Section 25-1-53 does not prohibit a County Board of Supervisors from hiring a supervisor's nephew (by marriage) to work on his County road crew or to drive a garbage truck for the county. (Shepard, 5/27/2011)(#151)(OP-11-00211)

SCHOOLS

Surety bonds for school board members should be issued for their six (6) year terms of office. Surety bonds for principals and purchasing agents may be issued on a continuous basis throughout their period of employment. (Basil, 5/27/2011)(#179)(OP-11-00191) No authority exists preventing a School District from requiring board members to sign in and obtain a visitor's pass when visiting schools in the district. (Parson, 5/13/2011)(#211)(OP-11-00112)

SUPERVISORS-AUTHORITY

The Lauderdale County Board of Supervisors may not reduce its tax levy from one year to the next for capital improvements and general support of a community college except as provided in Section 37-29-141(1) of the Mississippi Code. (Newell, 5/13/2011)(#220)(OP-11-00155) Sunflower County has no authority to expend funds to provide water and/or sewer services to its citizens in the unincorporated areas of the county absent the formation of a utility district. (McWilliams, 5/13/2011)(#220)(OP-11-00150) A Board of Supervisors may execute a temporary construction easement and accept the donation of road improvements in the described circumstances. (White, 5/27/2011)(#220)(OP-11-00189)