J.Hubbard - July 31, 2024 - Municipality's Ability to Provide Funds to Citizens to Purchase Playground Equipment

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 July 31, 2024 The Honorable Jimmy Hubbard Mayor, City of Bruce Post Office Box 1326 Bruce, Mississippi 38915 Re: Municipality’s Ability to Provide Funds to Citizens to Purchase Playground Equipment Dear Mayor Hubbard: The Office of the Attorney General has received your request for an official opinion. Question Presented May a municipality provide funds to citizens to purchase playground equipment for a park on city property? Brief Response The governing authorities may make the decision to purchase playground equipment for a park on city property pursuant to Mississippi Code Annotated Section 21-17-5(1). However, a municipality may not provide funding to a private citizen to purchase playground equipment for a park on city property. Applicable Law and Discussion Section 21-17-5(1) provides that “[t]he governing authorities of every municipality of this state shall have the care, management and control of the municipal affairs and its property and finances.” A public entity can only spend money for an appropriate public function, and providing money to a private citizen is not an appropriate expenditure. See MS AG Op., Mallette at *2 (Feb. 24, 2017) (opining that without specific statutory authority, a municipality cannot direct funds to individual citizens for housing transition expenses). Because state law provides no authority for a municipality to provide funds to citizens to purchase playground equipment, regardless if it is for a park on city property, a municipality may not take such action. However, a municipality may make the decision to purchase playground equipment itself for a park on city property. Bruce is a Hon. Jimmy Hubbard July 31, 2024 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 code charter municipality; therefore, such decision shall be made as set forth in Sections 21-3-1, et seq. 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/ Maggie Kate Bobo Maggie Kate Bobo Special Assistant Attorney General