Q Is a successor board bound by the actions of a current board when the current board has issued Certificates of Participation Bonds and entered into a Lease and Option to Purchase Agreements under Section 31-8-1 et seq for the purpose of constructing a new city hall and renovating the current city hall for a police department?

A While it is well-settled that governing authorities of a municipality may not bind their successors in office to a contract which takes away the rights and powers conferred by law, a current board may do so when there is express statutory authority to do so. In accordance with Sections 31-8-1 et seq and 21-33-315 or other express authority, the subject lease agreement and corresponding issuance of Certificates of Participation Bonds would be binding on the successor board. (Attorney General’s Opinion to Perkins, June 14, 2013)