Mississippi Law Authorizes County Boards of Supervisors to Contract with Auctioneers To Sell County Personal Property

Mississippi Attorney General Opinions
2006.
Current through 2006 Legislative Session
No. 2006-00198.

DOCK 2006-00198

May 19, 2006
DOCN 000017064
DOCK 2006-00198
AUTH Reese Partridge
DATE 20060519
RQNM Jeffrey Webb
SUBJ Supervisors
SBCD 220
Jeffery T. Webb Attorney, Leake County Board of Supervisors Post Office Box 452 Carthage MS 39051
Re: County use of internet auctions

Dear Mr. Webb:

Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and response. Your letter reads as follows:

As attorney for the Leake County Board of Supervisors, I have been asked to seek an opinion as to whether a Board of Supervisors is authorized to enter into a contract with an internet auction service to sell surplus county property? The proposal is for the County to retain possession of the property until the sale proceeds are received, and thereafter the County will pay the auctioneer fees through the claims docket.

Miss. Code Ann. Section 19-3-6 (h) (1972 authorizes county boards of supervisors to contract with auctioneers to sell county personal property pursuant to the provisions of Miss. Code Ann. Section 19-7-5 (1972), and in conformance with regulations established by the Office of the State Auditor.

Miss. Code Ann. Section 19-7-5 (1972) reads as follows:

The board of supervisors shall have the power to sell and dispose of at public sale for cash, any personal property belonging to the county or any subdivision thereof when the same shall have ceased to be used for county purposes or when, in the judgment of said board, a sale thereof would promote the best interest of the county. Said sale shall be advertised by posting notices at three (3) public places in the county, at least ten (10) days prior to such sale, one (1) of which said notices shall be posted at the courthouse. The proceeds of said sale shall be placed in the county depository to the credit of the proper fund. Where said property shall not exceed One Hundred Dollars ($100.00) in value the same may be sold and disposed of by the boards of supervisors at a private sale by the unanimous vote of the members of said board of supervisors and the proceeds thereof disposed of as above provided. However, if the board of supervisors find consistent with fact that the fair-market value of the personal property is zero and this finding is duly entered on the minutes of the board, then the personal property in question may be disposed of as deemed to be appropriate and in the best interest of the county, provided that no county official or employee derives any personal economic benefit from such disposal. If any of such property may be of use or benefit to the United States government in its national defense effort, the board of supervisors is hereby authorized in its discretion to turn over such property to the United States government by way of a donation thereto.

Nothing contained in this section shall be construed to prohibit, restrict or to prescribe conditions with regard to the authority granted under Section 17-25-3.

Miss. Code Ann. Section 19-3-69(h) (1972) contains the following provisions related to utilizing auctioneers:

The board of supervisors of each county may, in its discretion, contract with certain professionals when the board determines that such professional services are necessary and in the best interest of the county.

The board of supervisors shall spread upon its minutes its finding that the professional services are necessary and in the best interest of the county. The contract for professional services shall be approved by the attorney for the board of supervisors and made a part of the minutes.

A professional within the meaning of this section shall be limited to:

* * *

(h) In the sale of personal property pursuant to the provisions of Section 19-7-5, auctioneers who meet standards established by the State Department of Audit.

We find no provision of state law which prohibits the use of an internet auction service by a county to dispose of surplus property. However, counties utilizing such internet auctions must comply with the specific provisions of Section 19-7-5, including the notice requirements. The state auditor's official regulations regarding county use of auctioneers contain specific requirements regarding the education, licensing, and bonding of auctioneers. It is our opinion, however, that a contract for utilizing an internet auction service to dispose of surplus property which does not utilize the service of individual auctioneers, and which are sold by an internet web service, is not a contract for personal services and is not subject to the requirements of

Section 19-3-69(h) or the regulations adopted pursuant to 19-3-69(h).

Accordingly, it is our opinion that a county may utilize the use of an internet auction to sell surplus county property as long as it complies with Section 19-7-5.

Please let me know if you would like to discuss this matter or if I can be of further assistance.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Reese Partridge Special Assistant Attorney General