S. Slover - December 30, 2025 - Use of County-Owned Emergency Shelter

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 December 30, 2025 Scott F. Slover, Esq. Attorney, Adams County Board of Supervisors Post Office Box 846 Natchez, Mississippi 39121 Re: Use of County-Owned Emergency Shelter Dear Mr. Slover: The Office of the Attorney General has received your request for an official opinion. Background According to your request, Adams County owns an emergency shelter through a Federal Emergency Management Agency (“FEMA”) grant. The shelter includes a shower for temporary use during declared emergencies. Based on this information, you ask the following questions. Questions Presented 1. When there is not a declared disaster, may the county allow homeless individuals to take showers at its shelter? 2. If the answer to question one is no, may the county declare a state of emergency for the homeless to authorize them to be able to use its shelter for showers? Brief Response 1. Yes, the county has the discretion to allow private use of a public building so long as such use “accord[s] with a uniform policy enacted by the . . . governing authorities.” MS AG Op., Bruni at *1 (Dec. 8, 2025) (quoting MS AG Op., Barton at *1 (Oct. 5, 2020)). This said, the county “must collect from the user any expenses that [it] is required to expend as a result of the . . . facility being used.” Id. 2. Given the answer to question one, this question is moot. Scott F. Slover, Esq. December 30, 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 To begin, in accordance with Mississippi Code Annotated Section 7-5-25, this opinion solely addresses considerations under Mississippi law. This office is not authorized to interpret contracts or agreements or opine upon federal law, guidelines, or regulations. See Miss. Code Ann. § 7-5- 25. We likewise may not opine upon any past actions. Id. You ask if the county may allow homeless individuals to take showers at the county’s shelter when there is not a declared disaster. Section 19-3-40(3) prohibits county boards of supervisors from “us[ing] any public funds, equipment, supplies or materials for any private purpose” and from “grant[ing] any donation.” However, as we recently stated in Bruni, the county has the discretion to allow private use of a public building so long as such use “accord[s] with a uniform policy enacted by the . . . governing authorities.” MS AG Op., Bruni at *1 (quoting MS AG Op., Barton at *1). This said, the county “must collect from the user any expenses that [it] is required to expend as a result of the . . . facility being used—i.e., cleaning fees or charges for utilities; otherwise, such uncompensated use would constitute a donation.” Id. 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