Q May a municipality provide office space and internet services to a private organization, either with or without compensation?

A Provided the municipality has complied with Section 21-17-1, surplus office space may be provided in exchange for compensation, as may the internet services if they are a part of the use of the office space and provided in exchange for compensation. Provision of office space and/or internet service for no or reduced compensation would be a donation, and is only allowed if there is specific statutory authority, such as in Section 21-17-1(3) (not-for-profit civic or eleemosynary corporation) and Section 21-19-65 (specific types of social and community service programs). Whether or not the organization in question qualifies under such statutes is a factual determination to be made by the governing authority. (Attorney Generalís Opinion to Chambers, September 21, 2012)