Q May a municipality compensate an employee for fundraising on behalf of a nonprofit entity during work hours?

A The municipality may donate funds for supporting social and community service programs, in accordance with Section 21-19-65. Such a donation may be made in the form of cash or in-kind services performed by the municipality, which may include the use of municipal employees, municipal equipment and/or municipal resources, provided that the in-kind donations can be directly determined and matched to the value of existing matching funds. In addition, the municipality is authorized to contribute funds, which may include in-kind services, to organizations for the purpose of advertising and bringing into favorable notice the opportunities, possibilities and resources of the municipality, in accordance with Sections 17-3-1 and 17-3-3. Assuming that the municipality has made the proper factual findings and spread the appropriate factual findings on the minutes that the fundraising efforts of its employee were made in the performance of his official duties and that such fundraising efforts are consistent with the intent of Sections 21-19-65 and 17-3-1, the municipality may compensate the employee for such work. (Attorney General’s Opinion to Turnage, November 17, 2017)