J. Bruni - December 8, 2025 - Private Use of City Hall by Political Party’s Municipal Executive Committee

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 December 8, 2025 Jeffrey S. Bruni, Esq. Attorney, City of Gulfport Post Office Box 1780 Gulfport, Mississippi 39502-1780 Re: Private Use of City Hall by Political Party’s Municipal Executive Committee Dear Mr. Bruni: The Office of the Attorney General has received your request for an official opinion. Background In your request, submitted on behalf of the City of Gulfport (“City”), you state: “Our inquiry concerns the authority . . . to allow for the no-cost use of meeting space . . . to conduct a private meeting/hearing . . . .” You further state that the City does not normally rent out spaces within City Hall and does not have any ordinance or policy setting a fee for the private use of spaces within City Hall. Question Presented Does the City have the authority to allow a political party’s municipal executive committee to utilize meeting space in City Hall free of charge when the purpose of the use is to conduct a private meeting of that political party’s municipal executive committee to which the public is not invited? Brief Response The City has the discretion to allow private individuals or groups to use municipal facilities if it is in accordance with a uniform policy enacted by the municipal governing authorities allowing such use. Applicable Law and Discussion As an initial matter, pursuant to Mississippi Code Annotated Section 7-5-25, opinions of this office are limited to prospective questions of state law. We do not by official opinion, interpret or approve administrative policies enacted by local governmental entities. Jeffrey S. Bruni, Esq. December 8, 2025 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 The Attorney General’s Office has consistently opined that public entities are authorized to permit the use of public facilities by private individuals or groups so long as the public entity has adopted a uniform policy that allows such use. MS AG Op., Short at *1 (Apr. 24, 2009). When our office was asked whether a municipality could allow a private entity to use a municipal auditorium and not charge a fee for such use, we stated: A municipality is not required to charge a fee when allowing non-municipal individuals or entities to use municipal property. However, such use must accord with a uniform policy enacted by the municipal governing authorities. Furthermore, the municipality must collect from the user any expenses that the municipality is required to expend as a result of the municipal facility being used—i.e., cleaning fees or charges for utilities; otherwise, such uncompensated use would constitute a donation, which is prohibited by Article 4, Section 95 of the Mississippi Constitution unless explicitly authorized by law. MS AG Op., Barton at *1 (Oct. 5, 2020). This remains the opinion of this office. Accordingly, the City has the discretion to allow private individuals or groups to use municipal facilities if it is in accordance with a uniform policy enacted by the municipal governing authorities allowing such use. 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/ Beebe Garrard Beebe Garrard Special Assistant Attorney General