Q If a temporary employee service provides an employee to the district, and the agreement with the temp agency provides for payment of a “placement fee” for temp employees hired by the district as an employee during the first 90 days of his or her assignment, may the district pay that fee?

A If such a placement fee is part of the contractual agreement between the temp agency and the school district, then it may be paid in the event that the school district directly hires a temporary service employee within the time frames provided for in the contract. Payment of a placement fee, when not a preexisting contractual obligation, would be a donation prohibited by Section 66 of the Mississippi Constitution. (Attorney General’s Opinion to Hemphill, September 26, 2014)