Q Does a municipality have the authority to donate surplus personal property, in this case a trailer, to a volunteer fire company with which it has contracted to provide firefighting services?

A Pursuant to Section 21-17-5, municipalities are prohibited from making donations to a nonprofit corporation without specific statutory authority, and none has been found to allow donations to a private company with which it has contract for fire protection services. The agreement between the municipality and the volunteer fire department may be amended, however, to allow for the volunteer fire department to use the equipment. The municipality would retain ownership. Alternatively, the municipality could dispose of the property in a manner consistent with Section 17-25-25, provided the property is determined to be surplus. (Attorney Generalís Opinions to Ringer, October 31, 2014)