R.Kirk - November 28, 2023 - Authority of Municipality to Donate Space for Certified Farmers' Market

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 November 28, 2023 R. Adam Kirk, Esq. Attorney, City of Winona 1320A Sunset Drive Grenada, Mississippi 38901 Re: Authority of Municipality to Donate Space for Certified Farmers’ Market Dear Mr. Kirk: The Office of the Attorney General has received your request for an official opinion. Question Presented May the city of Winona donate the use of a vacant, city-owned parking lot to a certified farmers’ market, or is a rental agreement for a fee required? Brief Response Pursuant to Mississippi Code Annotated Section 21-19-69, a municipality may donate funds out of the municipal treasury to a certified farmers’ market that is operating within the municipality. We find no prohibition against a municipality donating the use of a vacant city parking lot to a certified farmers’ market in lieu of a rental fee so long as the requirements of the statute are met, and the value of the donation does not exceed the amount established in the statute. Applicable Law and Discussion As an initial matter, this office can neither validate nor invalidate past action. To the extent that your question involves any previous action taken by the city of Winona, we are unable to respond with an official opinion. Mississippi Code Annotated Section 21-19-69 provides: The governing authorities of any municipality of this state, in their discretion, may donate annually out of any money in the municipal treasury, such sums as deemed advisable to support any farmers' market that is certified by the Mississippi R. Adam Kirk, Esq. November 28, 2023 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 Department of Agriculture and Commerce and operating within the municipality, not to exceed the amount that would be generated from the levy of a one-fourth (¼) mill ad valorem tax upon all taxable property in the municipality. Our office has consistently opined that when a statute authorizes a municipality to donate funds, it is implied that the municipality has the authority to make in-kind donations as an alternative. MS AG Op., Manley at *2 (May 1, 2015) (opining that donations made in accordance with Section 21- 19-65 may be made in the form of cash or in-kind services) (internal citation omitted). See also MS AG Op., Baum at *1 (Feb. 17, 2006); MS AG Op., Hewes at *2 (Jan. 28, 2005). Accordingly, if the municipality makes the factual determinations, pursuant to Section 21-19-69, that the farmers’ market meets the certification requirements and that the value of the donation does not exceed the set limit, then the municipality may donate the use of a vacant, city-owned parking lot to the farmers’ market in lieu of a rental fee. Because your request deals with the expenditure of public funds, we also refer you to the Office of the State Auditor. 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/ Misty Monroe Misty Monroe Assistant Attorney General