Page 40 - Mississippi_Municipalities_V66N4

Volume 66 Number 10 October 2017
A municipality is authorized to contract with a private entity for the management and operation of municipal property In regard to the procurement of professional service contracts, such contracts that are purely for management services by a municipality are exempt from the public purchasing statutes
(Stokes, 10/20/2017)(#142)(0P-2017-00327)
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Any rules and regulations governing the use of parks adopted by a municipality must apply uniformly to all members of the public A municipality does not have the authority to grant a speci c group priority access to a municipal park Depending on the speci c factual scenario, the City may have the authority to donate or lease the referenced land in accordance with Miss Code Ann Section 21-17-1
(Jacks, 9/1/2017)(#142)(0P-2017-00252)
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An analysis of whether a relationship is violative of the nepotism statute requires a three-step assessment
(Wall, 9/1 /2017)(#142)(0P-2017-00266)
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Provided it makes the requisite factual ndings, a municipality has the authority under Section 21-37-47(7) to exercise the right of eminent domain for the public purpose of acquiring land for the expansion of a municipal land ll
(Latimer, 9/8/2017)(#142)(0P-2017-00271)
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is o ce is not authorized to interpret contracts, and any assessment of the terms and conditions of the referenced contract would be made by the municipality subject to review by a court of competent jurisdiction Commissioners of the Natchez Convention Promotion Commission serve at the discretion of the Mayor and Board of Aldermen of the City of Natchez and such commissioners may be removed with or without cause Because the members of the Commission are appointed individually, removal would be achieved individually as well
(Lewis, 9/8/2017)(#142)(0P-2017-00267)
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A municipality, in response to a claim, may refund or issue a credit for utility fees that it has determined to be erroneously-paid provided that such claims have not accrued more than three (3) years prior
(Pope, 9/29/2017)(#142)(0P-2017-00291)
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Simultaneous service as a mayor in a council-manager municipality and service as a member of the water district commission would result in a violation of the separation of powers doctrine Section 21-9-43 prohibits members of the city council from serving on a commission or board in which the city council is charged with appointing power Service on the re district commission by the mayor and/ or a member of the city council would result in a violation of the separation of powers doctrine Only service in those positions which require the individual to exercise core powers is prohibited by the separation of powers doctrine “All processes of law” as contemplated in Section 21-9-37 means that when a general statutory provision makes reference to the“mayor,” such reference is relating to the head of the municipality In those instances, the mayor would serve in that role but would exercise no additional powers
(Tindell, 9/29/2017)(#142)(0P-2017-00273)
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Municipal governing authorities may retain a consultant for governmental relations, pursuant to Home Rule authority
(Watkins, 9/29/2017)(#142)(0P-2017-00298)
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The purpose of the Opinion Outline is to inform state, county and municipal o cials and other interested persons of o cial opinions issued by the Attorney General’s O ce. This outline contains synopses of opinions issued from October 1, 2017 through October 31, 2017. Opinion outlines are based upon opinions that were issued by this o ce in response to speci c facts and circumstances and therefore may not be applicable in all cases.
Complete opinions are also available at: www.agjimhood.com
Opinion Outline Jim Hood, Attorney General
40 • Mississippi Municipalities
Volume 66 • Number 4