L. Johnson - April 17, 2025 - Use of County Vehicle for Travel Associated with Levee Board Business

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 April 17, 2025 The Honorable Larry Johnson Commissioner, Yazoo-Mississippi Delta Levee District Board Post Office Box 416 Greenwood, MS 38935 Re: Use of County Vehicle for Travel Associated with Levee Board Business Dear Commissioner Johnson: The Office of the Attorney General has received your request for an official opinion. Background According to your request, you are the Leflore County elected member on the Yazoo-Mississippi Delta Levee District Board (“Board”), which is a compensated position. You are also employed as the Director of the Leflore County Civic Center. The latter position affords you the use of a county- owned vehicle. Question Presented Is it a conflict of interest for a county employee to use a county-issued work vehicle for business travel associated with an elected, compensated position on a separate state board? Brief Response Generally, the expenditure of county resources for personal or private use is prohibited by state law. We find no statutory authority excepting a county employee’s use of a county vehicle for business travel associated with a separately elected, compensated position on a state board. As to whether such use constitutes an ethical conflict of interest, we refer you to the Mississippi Ethics Commission. Hon. Larry Johnson April 17, 2025 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 Applicable Law and Discussion Generally, public employees are not authorized to use their work vehicles for private or personal use.1 At the local level, we have previously and consistently opined against the private or personal use of both municipal and county vehicles. See MS AG Op., Evans-Bass (May 13, 2020); MS AG Op., Weaver (Sept. 22, 2008). Serving as Levee Board Commissioner is entirely separate and distinct from the county employment for which you were provided a county vehicle. Further, you receive compensation for the elected position, which means the use of the county vehicle benefits you personally. See Laws 2002, Ch. 593, § 1. A county employee’s personal use of “a county vehicle is an impermissible donation.” MS AG Op., Weaver at *1; see also MISS. CONST. art. IV, § 66. For further guidance on any potential conflicts under Mississippi’s Ethics in Government Laws, Mississippi Code Annotated Sections 25-4-101 et seq., we refer you to the Mississippi Ethics Commission. 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/ Caleb A. Pracht Caleb A. Pracht Special Assistant Attorney General 1 However, there is express statutory authority permitting law enforcement officers to use their official vehicles while performing private security duties under certain circumstances. See Miss. Code Ann. § 17-25-11.