Q If a building owned by the county (and currently leased rent free to the Red Cross as authorized by Section 19-5-93) is determined by the board of supervisors to be surplus property, the board terminates the lease to the Red Cross and makes the findings required in Section 19-7-3(3)(a)(b) and (c), may the board legally allow a local emergency response volunteer service organization, to occupy the premises rent free or for less than fair market value without each supervisor becoming personally liable for making an unlawful donation?

A If the facts support the finding that the building is surplus property, and that determination and those required by Section 19-7-3(3)(a)(b) and (c) are fully documented and recorded in the boardís minutes, then while the building cannot be leased for free, it may be leased for good and valuable consideration, as determined by the board of supervisors. (Attorney Generalís Opinion to Brown issued November 8, 2010)