L.Bass_May 13, 2020 – Use of Municipal Vehicles

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 May 13, 2020 Lilli Evans Bass, Esq. Attorney for the City of Yazoo City Post Office Box 22969 Jackson, Mississippi 39216 Re: Use of Municipal Vehicles Dear Ms. Bass: The Office of the Attorney General is in receipt of your request for the issuance of an official opinion. Question Presented May a municipal employee be permitted to travel in a municipal vehicle to his/her residence outside the corporate limits or county boundaries if the municipal governing authorities have determined, consistent with the facts, that such travel is necessary to enable the employee to perform his/her duties and that such use is in the best interests of the City? Brief Response A municipal employee may use a municipally owned vehicle to travel to his/her residence outside the corporate limits or county boundaries if the municipal governing authorities have determined, consistent with the facts, that such travel is necessary to enable the employee to perform his/her duties and that such use is in the best interests of the City. However, allowing municipal employees to use municipally owned vehicles for personal use would result in unlawful donations of municipal funds which is specifically prohibited by Miss. Code Ann. Section 21-17-5(g). Applicable Law and Discussion Section 21-17-5 of the Mississippi Code provides, in part: Lilli Evans Bass, Esq. May 13, 2020 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 (1) The governing authorities of every municipality of this state shall have the care, management and control of the municipal affairs and its property and finances. In addition to those powers granted by specific provisions of general law, the governing authorities of municipalities shall have the power to adopt any orders, resolutions or ordinances with respect to such municipal affairs, property and finances which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi, ... . (2) Unless such actions are specifically authorized by another statute or law of the State of Mississippi, this section shall not authorize the governing authorities of municipalities to ... (g) grant any donation, ... . (Emphasis added). We find no specific statute which either authorizes or prohibits the use of municipal motor vehicles outside municipal corporate limits or county boundaries. Therefore, pursuant to the above quoted statute, a municipality may authorize the use of municipally owned vehicles outside the corporate limits and county boundaries including allowing municipal employees to take such vehicles to their homes when such use is determined to be in furtherance of official city business. However, allowing municipal employees to use municipally owned vehicles for personal use would result in unlawful donations of municipal funds which is specifically prohibited by Section 21-17-5(g). See, MS AG Op., Walman (July 25, 1985); MS AG Op., Hood (May 18, 1982). If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Phil Carter Phil Carter Special Assistant Attorney General