Cross References —

Time of general elections, see Miss. Const. Art. 4, § 102.

Term of office of elected officials, see Miss. Const. Art. 12, § 252.

Election of judges and chancellors, see §§23-15-991,23-15-1015.

JUDICIAL DECISIONS

1. Public officers in general.

2. Validity of statutes.

3. Holding over.

4. Particular officers, application to.

1. Public officers in general.

Position is “public office” when created by law with duties cast upon incumbent involving exercise of some portion of sovereign power in performance of which public is concerned and which are continuing in their nature, “continuing” meaning enduring and permanent, whereas “public employment” is position lacking one or more of foregoing elements. State by Mitchell v. McLaurin, 159 Miss. 188, 131 So. 89, 1930 Miss. LEXIS 359 (Miss. 1930).

Length of time required to perform special and transient duties is not test of whether person discharging duties is public officer or employee. State by Mitchell v. McLaurin, 159 Miss. 188, 131 So. 89, 1930 Miss. LEXIS 359 (Miss. 1930).

2. Validity of statutes.

Laws, 1914, ch. 275 is not unconstitutional as failing to fix the terms of office of the seawall district commissioners. Board of Mayor & Aldermen v. Moreau, 109 Miss. 407, 69 So. 214, 1915 Miss. LEXIS 171 (Miss. 1915).

3. Holding over.

Under this section, [§ 4026], and § 136 of the Constitution of 1890, a member of the board of county supervisors, who was reelected during 1940 for such office but failed to provide bond and take the oath of office, had a right to hold over during the year 1940 until his successor should be elected and make the required bond and take the oath of office. O'Neal v. Fairley, 190 Miss. 650, 200 So. 722, 1941 Miss. LEXIS 70 (Miss. 1941).

Equity court lacked jurisdiction to try by injunction right to office of county supervisor of either held-over officer or of newly elected officer who had a certificate of election, regular on its face, and commission therefor, and who had duly qualified. Yates v. Summers, 177 Miss. 252, 170 So. 827, 1936 Miss. LEXIS 259 (Miss. 1936).

Newly elected member of board of supervisors did not waive claim to office, as against incumbent holding over on ground that newly elected member was ineligible, by accepting appointment from Governor after injunctive writ had been served. Yates v. Summers, 177 Miss. 252, 170 So. 827, 1936 Miss. LEXIS 259 (Miss. 1936).

Fact that office incumbent holds over under statutory authority until successor has qualified held did not preclude “vacancy” as basis for selecting successor. Berry v. Berry, 165 Miss. 472, 144 So. 695, 1932 Miss. LEXIS 292 (Miss. 1932).

Where duly elected justice of peace failed to qualify, incumbent was authorized to hold over until election and qualification of successor. Berry v. Berry, 165 Miss. 472, 144 So. 695, 1932 Miss. LEXIS 292 (Miss. 1932).

4. Particular officers, application to.

Under Laws 1914 ch. 163, term of office of factory inspector is four years. State ex rel. Attorney Gen. v. McDowell, 111 Miss. 596, 71 So. 867, 1916 Miss. LEXIS 344 (Miss. 1916).

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 154 et seq.

CJS.

67 C.J.S., Officers §§ 136–142, 209.

Cross References —

Commencement of term of chancellors, see §9-5-1.

Commencement of term of circuit court judges and chancery court judges, see §23-15-1011.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees § 159.

CJS.

67 C.J.S., Officers §§ 143, 145.

Cross References —

Appointive officers of code charter municipality, see §21-3-5.

JUDICIAL DECISIONS

1. In general.

The right of a former sheriff and tax collector to file a claim against the county for compensation for alleged services accrued at the time his term of office expired. Smith v. Copiah County, 232 Miss. 838, 100 So. 2d 614, 1958 Miss. LEXIS 337 (Miss. 1958).

The dismissal by a former sheriff and tax collector of his action against the county for compensation for alleged services did not destroy the right of his assignee, who was to obtain a portion of any recovery, and since the assignee’s right was dependent upon the right of his assignor, assignee’s action should have been brought within six years from the date of the expiration of the term of office of the former sheriff and tax collector, and, where it was not, the claim was barred. Smith v. Copiah County, 232 Miss. 838, 100 So. 2d 614, 1958 Miss. LEXIS 337 (Miss. 1958).

OPINIONS OF THE ATTORNEY GENERAL

While the legislature expressly requires that the first Monday in January is the date in which a term of office is to start, and no earlier, an oath of office may be made before the first Monday in January. Sykes, Nov. 6, 1991, A.G. Op. #91-0814.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees § 159.

CJS.

67 C.J.S., Officers §§ 143, 145.

Cross References —

Delivery of books and records of office to a successor clerk of court, see §9-1-31.

Quo warranto to test right to hold public office, see §11-39-5.

Who are elected officers of municipality operating under code charter, see §21-3-3.

Qualifications for office of mayor or councilman, see §21-5-5.

Vacancy by reason of removal or default, see §25-1-59.

Removal of public officers, see §25-5-1.

JUDICIAL DECISIONS

1. In general.

2. Failure to qualify.

3. Filling vacancies.

1. In general.

Authority of governor as to approval of bonds of state official is stated. Broom v. Henry, 136 Miss. 132, 100 So. 602, 1924 Miss. LEXIS 110 (Miss. 1924).

In view of the return of the election commissioners that he had been elected to the office of mayor, though wrongful, it was unnecessary for a relator to have taken oath and executed bond, or have offered to do so, on or before the beginning of the term in order to maintain by quo warranto a contest for a municipal office with one usurping the same. State ex rel. Bourgeois v. Laizer, 77 Miss. 146, 25 So. 153, 1899 Miss. LEXIS 44 (Miss. 1899).

2. Failure to qualify.

Where duly elected justice of peace failed to qualify, incumbent was authorized to hold over until election and qualification of successor. Berry v. Berry, 165 Miss. 472, 144 So. 695, 1932 Miss. LEXIS 292 (Miss. 1932).

Failure of commissioner of levee board, on reappointment, to file bond under belief old bond would suffice to disqualify him. State ex rel. Jones v. Lyon, 145 Miss. 163, 110 So. 243, 1926 Miss. LEXIS 6 (Miss. 1926).

Commission of levee district is not authorized to continue in office because of failure of appointee to qualify, when prevented from filing bond for approval. State ex rel. Hairston v. Baggett, 145 Miss. 142, 110 So. 240, 1926 Miss. LEXIS 5 (Miss. 1926).

Marshal failing to qualify for office of tax collector was not entitled to recover fees of one illegally elected to office. Coker v. Wilkinson, 142 Miss. 1, 106 So. 886, 1926 Miss. LEXIS 52 (Miss. 1926).

The execution and approval by the designated officers of the bond required by law of a county officer is a condition precedent to the right to enter upon the office; tender to the proper officers of a bond, although ample and solvent, is not a compliance with such a condition if the bond be rejected. Andrews v. State, 69 Miss. 740, 13 So. 853, 1892 Miss. LEXIS 50 (Miss. 1892).

3. Filling vacancies.

Fact that office incumbent holds over under statutory authority until successor has qualified does not preclude “vacancy” as basis for selecting successor. Berry v. Berry, 165 Miss. 472, 144 So. 695, 1932 Miss. LEXIS 292 (Miss. 1932).

Laws, 1908, ch. 190, providing manner in which vacancies in offices shall be filled did not repeal Code 1906, § 3435. State ex rel. Booze v. Cresswell, 117 Miss. 795, 78 So. 770, 1918 Miss. LEXIS 223 (Miss. 1918).

The mode of filling vacancies in the office of justice of the peace is, by Const. 1890, § 103, committed entirely to the legislature. State ex rel. Booze v. Cresswell, 117 Miss. 795, 78 So. 770, 1918 Miss. LEXIS 223 (Miss. 1918).

When to fill a vacancy an election is held which is irregular, but commission is issued to the successful candidate, who qualifies and enters upon the duties of the office, and litigation afterward arises involving the validity of the election, whereupon, anticipating an adverse decision, he is appointed by the governor as if there had been no election, the fact that this is done pending the controversy does not affect the validity of his appointment. State v. Lovell, 70 Miss. 309, 12 So. 341, 1892 Miss. LEXIS 122 (Miss. 1892).

OPINIONS OF THE ATTORNEY GENERAL

Fire district commission members are authorized to holdover until their successor has been lawfully appointed and has qualified to assume the office. Strickland, Oct. 3, 1991, A.G. Op. #91-0712.

Appointed municipal election commissioners are entitled to serve and perform statutory duties of commissioners until their successors are appointed and qualified. Schissel Oct. 22, 1993, A.G. Op. #93-0752.

Based on Section 25-1-7, individuals who are serving in the positions of city attorney, municipal judge, municipal prosecutor, public defender and dilapidated housing prosecutor from a previous term and, who were not confirmed by the city council prior to serving that term, are holdover employees until either they or their successors are appointed by the mayor and confirmed by the city council. Schissel, March 6, 1996, A.G. Op. #96-0088.

There is no authority for three members of the Mississippi State Board of Medical Licensure whose terms expire on June 30, 2000 to continue to serve after that date if they have not been reappointed at that time by the Governor, and no other individuals have been appointed to fill their seats. Burnett, June 12, 2000, A.G. Op. #2000-0295.

If a town forgoes holding a general election in the event no person qualifies to run in that election, the incumbent officials would hold over after the expiration of their regular terms of office until such time as new officers are elected; further, any action taken by those officers during this hold-over period would be valid and binding as official acts. Craft, Apr. 27, 2001, A.G. Op. #01-0254.

When a city council tables an appointment recommended by the mayor for a position held by a person whose term has expired, the official whose term has expired continues to serve as a holdover. Bowman, Oct. 19, 2001, A.G. Op. #01-0647.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 133 et seq.

CJS.

67 C.J.S., Officers §§ 161–186.

Cross References —

Form of oath of office, see Miss. Const. Art. 14, § 268.

“Affirmation” as included in word “oath”, see §1-3-35.

Persons authorized to administer oaths, see §11-1-1.

Oath requirement for subordinate appointed by head of state department, see §25-3-47.

Authority of notaries public to administer oath, see §25-33-9.

OPINIONS OF THE ATTORNEY GENERAL

A newly appointed district attorney must take and file an oath of office in accordance with §§25-1-9 and25-1-11 before he or she is entitled to any compensation. Anderson, Mar. 1, 2002, A.G. Op. #02-0062.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 131, 132.

CJS.

67 C.J.S., Officers §§ 66–74.

Cross References —

Assuming duties of office before taking oath, see §97-11-41.

OPINIONS OF THE ATTORNEY GENERAL

A newly appointed district attorney must take and file an oath of office in accordance with §§25-1-9 and25-1-11 before he or she is entitled to any compensation. Anderson, Mar. 1, 2002, A.G. Op. #02-0062.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 7-11-4 provides that the words “state land commissioner,” “land commissioner,” “state land office,” and “land office” shall mean the Secretary of State.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Authority of Legislature to fix conditions of official bonds, see Miss. Const. Art. 4, § 82.

Prison auditor’s bond, see §47-5-35.

Effect of lack of seal, see §75-19-7.

Assuming duties of office before taking oath, see §97-11-41.

RESEARCH REFERENCES

ALR.

Public officer’s bond as subject to forfeiture for malfeasance in office. 4 A.L.R.2d 1348.

What period of limitation governs in an action against a public officer and the surety on his official bond. 18 A.L.R.2d 1176.

Liability of clerk of court, county clerk or prothonotary, or surety on bond, for negligent or wrongful acts of deputies or assistants. 71 A.L.R.2d 1140.

Am. Jur.

3A Am. Jur. Legal Forms 2d, Bonds §§ 43:2 et seq. (statutory bonds).

12 Am. Jur. 2d, Bonds §§ 4 et seq.

63C Am. Jur. 2d, Public Officers and Employees §§ 126, 490, 491.

CJS.

67 C.J.S., Officers and Public Employees §§ 73, 74, 473 et seq.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the third paragraph of (1), as inserted by Laws of 2000, ch. 426, § 1. The words “each new term of office or every four (4) year, whichever is less” were changed to “each new term of office or every four (4) years, whichever is less.” The Joint Committee ratified the correction at its June 29, 2000, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the second paragraph of subsection (2). The words “the above A B was duly employed” were changed to “the above bound A B was duly employed.” The Joint Committee ratified the correction at its April 26, 2001, meeting.

Cross References —

Authority of Legislature to fix conditions of official bonds, see Miss. Const. Art. 4, § 82.

JUDICIAL DECISIONS

1. In general.

2. Official bonds, what are.

3. Validity of bonds.

4. Liability on bonds.

5. Actions on bonds.

1. In general.

This statute is remedial and should be liberally construed. Maryland Casualty Co. v. Terry, 184 Miss. 33, 185 So. 228, 1938 Miss. LEXIS 317 (Miss. 1938).

Section 82, Const 1890, requiring the legislature to fix the penalty of official bonds, has no application to offices created by statute. Town of Gloster v. Harrell, 77 Miss. 793, 23 So. 520, 27 So. 609, 1900 Miss. LEXIS 13 (Miss. 1900).

2. Official bonds, what are.

Bond of the treasurer of a levee board is an “official bond.” Adams v. Williams, 97 Miss. 113, 52 So. 865, 1910 Miss. LEXIS 283 (Miss. 1910).

3. Validity of bonds.

Although a supervisor’s official bond specified a penalty in a sum less than that required by the provisions of Code 1942, § 2872, both the supervisor and his surety were actually bound to the full amount of the statutorily fixed penalty. State v. Moody, 198 So. 2d 586, 1967 Miss. LEXIS 1268 (Miss. 1967).

Bond of officer is binding on every person who subscribes it. State ex rel. Berry v. Hundley, 125 Miss. 355, 87 So. 890, 1921 Miss. LEXIS 131 (Miss. 1921).

Failure of treasurer of levee board to sign his bond as principal where the bond was delivered as his official bond and acted upon as such is immaterial. Adams v. Williams, 97 Miss. 113, 52 So. 865, 1910 Miss. LEXIS 283 (Miss. 1910).

Official bond is not invalidated by addition of condition not required by law. Adams v. Williams, 97 Miss. 113, 52 So. 865, 1910 Miss. LEXIS 283 (Miss. 1910).

Bond given by member of board of supervisors, and duly approved by the proper officers, was valid although the officers made an incorrect calculation of the amount of the penalty. State ex rel. Mitchell v. Smith, 87 Miss. 551, 40 So. 22 (Miss. 1905).

When one signs what purports and is intended to be an official bond, whether as principal obligor or surety, the law writes in all necessary recitals, including the proper penalty. State ex rel. Mitchell v. Smith, 87 Miss. 551, 40 So. 22 (Miss. 1905).

Where the municipal authorities fix the amount of the bond of the town treasurer and approve and accept as his official bond one not signed by him, but signed by certain persons as his sureties who signed without his request, it is valid under this section. Town of Gloster v. Harrell, 77 Miss. 793, 23 So. 520, 27 So. 609, 1900 Miss. LEXIS 13 (Miss. 1900).

The meaning of the section is not that the bond shall be good in the absence of the prescribed form as a common law obligation, but that it shall be valid and binding as a statutory bond. Cox v. Ross, 56 Miss. 481, 1879 Miss. LEXIS 148 (Miss. 1879).

4. Liability on bonds.

A bond executed by a surety company covering one’s duties as night-watchman of a town, did not cover injury sustained by the plaintiff by reason of an assault and battery by one exercising his duties as night marshal notwithstanding it appeared that he had been temporarily appointed by resolutions of the town mayor and board of aldermen to assume the duties of night-watchman until the bond required for night marshal was obtained. Maryland Casualty Co. v. Terry, 184 Miss. 33, 185 So. 228, 1938 Miss. LEXIS 317 (Miss. 1938).

Recovery may be had on county supervisors’ bonds for injury resulting from their refusal to perform or negligence in performing ministerial duties. Walton v. Colmer, 169 Miss. 182, 147 So. 331, 148 So. 635, 1933 Miss. LEXIS 3 (Miss. 1933).

Recovery may be had on county supervisors’ official bonds for county funds in insolvent bank, selected by them as county depository without requiring it to furnish securities. Walton v. Colmer, 169 Miss. 182, 147 So. 331, 148 So. 635, 1933 Miss. LEXIS 3 (Miss. 1933).

Justice of peace liable on bond for damages from his false certificate of acknowledgment. Hodges v. Mills, 139 Miss. 347, 104 So. 165, 1925 Miss. LEXIS 155 (Miss. 1925).

Sheriff was not liable on bond for failure to return execution issued on void judgment. Union Motor Car Co. v. Cartledge, 133 Miss. 318, 97 So. 801, 1923 Miss. LEXIS 153 (Miss. 1923).

County treasurers are liable on their official bonds for the absolute safety of all money coming into their hands, unless it be lost by the act of God or the public enemy. Arnold v. State, 77 Miss. 463, 27 So. 596, 1899 Miss. LEXIS 80 (Miss. 1899).

5. Actions on bonds.

Bill alleging that clerk received and wrongfully kept a deposit for cost earned by sheriff, and that it was clerk’s duty to pay sheriff’s fees out of the amount deposited, stated cause of action on clerk’s bond. United States Fidelity & Guaranty Co. v. Young, 128 Miss. 296, 91 So. 3, 1922 Miss. LEXIS 116 (Miss. 1922).

OPINIONS OF THE ATTORNEY GENERAL

A principal is not a public employee who is required to give an individual bond as provided by 25-1-15(2); therefore, such positions may be covered by a blanket bond so long as the blanket bond comports with the requirements of 25-1-15(4) wherein each position and the requisite amount of coverage for each position is listed. Middleton, April 26, 1996, A.G. Op. #96-0222.

Section 37-39-21 is written in the singular which would indicate that any and all purchase agents must be covered by an individual bond pursuant to Section 25-1-15(2). Middleton, April 26, 1996, A.G. Op. #96-0222.

RESEARCH REFERENCES

Am. Jur.

12 Am. Jur. 2d, Bonds §§ 4 et seq.

63C Am. Jur. 2d, Public Officers and Employees §§ 494- 496.

3A Am. Jur. Legal Forms 2d, Bonds §§ 43:18, 43:20 (general form of public officer’s bond).

15A Am. Jur. Legal Forms 2d, Public Officers §§ 213:29 et seq. (official bond).

CJS.

67 C.J.S., Officers and Public Employees §§ 457, 473 et seq.

Cross References —

Authority of Legislature to fix conditions of official bonds, see Miss. Const. Art. 4, § 82.

Suit by Attorney General on bond of state officer, see §7-5-47.

Requirement that bonds be payable to state, see §11-1-27.

JUDICIAL DECISIONS

1. Liability in general.

2. Actions on bonds — pleading.

3. —Parties.

1. Liability in general.

Where a notary is required by statute to give a bond with sureties for the performance of his official duties, he and his sureties will be liable in an action for any breach of conditions of the bond, provided such breach is a proximate cause of a loss or injury, although it need not be the sole loss. United States Fidelity & Guaranty Co. v. State, 211 Miss. 864, 53 So. 2d 11, 1951 Miss. LEXIS 419 (Miss. 1951).

Under the statute any person injured by the breach of bond of a notary can recover, and there are no limitations or restrictions in so far as the liability of the officer and his surety are concerned so long as the damage is the result of the breach and the statute does not require that there be reliance by the injured party. United States Fidelity & Guaranty Co. v. State, 211 Miss. 864, 53 So. 2d 11, 1951 Miss. LEXIS 419 (Miss. 1951).

The statutory provision imposing a liability upon a county superintendent of education and his official bond to holders of pay certificates issued by him in excess of the amount of funds available or of the budget estimate for the current year, without referring to his liability under a former statute making a county superintendent and his bondsmen liable to school teachers and carriers for any injury inflicted by him in violating his official duties in employing them, does not affect the remedy therefor, unless a pay certificate is issued to the wrongfully employed teacher or carrier, the face amount of which covers the damage he has sustained, and the liability of the superintendent on the certificate is fixed at a sum certain without reference to the damage sustained by the one to whom the certificate was issued. State use of Rogers v. Newton, 191 Miss. 611, 3 So. 2d 816, 1941 Miss. LEXIS 166 (Miss. 1941).

Surety was not exempt from liability because bond of supervisor was made payable to county instead of to State. State use of Russell v. McRae, 169 Miss. 169, 152 So. 826, 1934 Miss. LEXIS 26 (Miss. 1934).

Recovery may be had on county supervisors’ bonds for injury resulting from their refusal to perform or negligence in performing ministerial duties. Walton v. Colmer, 169 Miss. 182, 147 So. 331, 148 So. 635, 1933 Miss. LEXIS 3 (Miss. 1933).

Recovery may be had on county supervisors’ official bonds for county funds in insolvent bank, selected by them as county depository without requiring it to furnish securities. Walton v. Colmer, 169 Miss. 182, 147 So. 331, 148 So. 635, 1933 Miss. LEXIS 3 (Miss. 1933).

2. Actions on bonds — pleading.

Declaration against member of board of supervisors for alleged tort joining in same count surety on official bond was not demurrable as joining causes of action of tort and contract in one count. State use of Russell v. McRae, 169 Miss. 169, 152 So. 826, 1934 Miss. LEXIS 26 (Miss. 1934).

In a suit on a bond where a defendant pleads a former recovery, it is not a good replication to aver that the breaches which had occured before the former suit are different from those in said suit, and were unknown to plaintiff when that suit was brought, without an averment of a fraudulent concealment thereof by the defendant; and the statute does not affect this. State use of Hinds County v. Morrison, 60 Miss. 74, 1882 Miss. LEXIS 12 (Miss. 1882).

3. —Parties.

In determining the existence of diversity of citizenship essential to Federal jurisdiction, the state in whose name the suit is brought on an official bond for the benefit of individuals claiming to have sustained damages in consequence of a breach of official duty under this section is merely a nominal party not to be considered. Thames v. Mississippi, 117 F.2d 949, 1941 U.S. App. LEXIS 4382 (5th Cir. Miss.), cert. denied, 314 U.S. 630, 62 S. Ct. 63, 86 L. Ed. 506, 1941 U.S. LEXIS 394 (U.S. 1941).

Notwithstanding this section the state, though nominally the obligee, is not a necessary party to a suit in chancery on the bond of the chancery clerk acting as guardian of minors to recover their estate. Patty v. Williams, 71 Miss. 837, 15 So. 43, 1894 Miss. LEXIS 38 (Miss. 1894).

OPINIONS OF THE ATTORNEY GENERAL

Bond which secures the patient funds held by the state must be payable to the state. Hendrix, Jan. 3, 2003, A.G. Op. #02-0753.

RESEARCH REFERENCES

Am. Jur.

12 Am. Jur. 2d, Bonds §§ 4 et seq.

CJS.

67 C.J.S., Officers §§ 48-54, 473 et seq.

Cross References —

Authority of Legislature to fix conditions of official bonds, see Miss. Const. Art. 4, § 82.

Approval by mayor of bonds payable to municipality, see §21-3-17.

Fees for approving bond of county officer, see §25-7-43.

JUDICIAL DECISIONS

1. In general.

The Supreme Court was without authority to review judicially the action of the president of a board of supervisors and the clerk of the chancery court in disproving the bond offered by a county supervisor, or to require them to approve the same, even though they failed to interpret Code 1930, § 2892 as being in pari materia with Code 1930, §§ 2891 and 2893, and also to construe it in connection with § 112 of the State Constitution, since such officials, even though acting judicially when passing upon the sufficiency of the bonds of other county officials, did not constitute a court of record or a tribunal required to keep a record of their findings. Fairley v. Ladnier, 190 Miss. 514, 200 So. 724, 1941 Miss. LEXIS 71 (Miss. 1941).

Even if certiorari would lie to the supreme court to a refusal of the president of a board of supervisors and the clerk of the chancery court to approve the tendered bond of another county official, the supreme court would be limited in reviewing the record to a consideration of the bond, affidavits of financial worth and the other security offered, and would be without the right to consider the evidence upon which such officials made their findings or the facts set forth therein. Fairley v. Ladnier, 190 Miss. 514, 200 So. 724, 1941 Miss. LEXIS 71 (Miss. 1941).

The president of the board of supervisors, in approving or disapproving bonds of county officers, acts judicially and, however unjust or arbitrary his acts may be, they are not subject to revision by mandamus. Shotwell v. Covington, 69 Miss. 735, 12 So. 260, 1892 Miss. LEXIS 17 (Miss. 1892).

RESEARCH REFERENCES

Am. Jur.

12 Am. Jur. 2d, Bonds §§ 4 et seq.

CJS.

67 C.J.S., Officers §§ 48-54, 473 et seq.

Cross References —

Authority of Legislature to fix conditions of official bonds, see Miss. Const. Art. 4, § 82.

Right to inspect land described in affidavit, see §25-1-23.

Qualifications of surety companies, see §83-27-1.

OPINIONS OF THE ATTORNEY GENERAL

A review of all the sections in this chapter show that these statutes are intended to apply to elected or appointed officials having a duty to the public in general, and that they do not apply to guardians, executors or administrators of individuals or their estates. Clapp, Nov. 27, 1991, A.G. Op. #91-0876.

RESEARCH REFERENCES

CJS.

67 C.J.S., Officers §§ 476, 486, 487.

Cross References —

Penalty for approving worthless official bond, see §97-11-9.

RESEARCH REFERENCES

Am. Jur.

12 Am. Jur. 2d, Bonds §§ 4 et seq.

63C Am. Jur. 2d, Public Officers and Employees §§ 494- 496.

CJS.

67 C.J.S., Officers and Public Employees §§ 355-357476, 486, 487.

Cross References —

Authority of Legislature to fix conditions of official bonds, see Miss. Const. Art. 4, § 82.

JUDICIAL DECISIONS

1. In general.

2. Notice.

1. In general.

The sureties on a new bond given under this section are not liable for defaults occurring before its execution. Lewenthall v. State, 51 Miss. 645, 1875 Miss. LEXIS 89 (Miss. 1875).

2. Notice.

A writ of mandamus could not be ordered to compel a Board of Supervisors to give notice to the chancery clerk of the county to appear before it and show cause why he should not be required to give a legal, valid, and solvent official bond based on the allegation that the sureties on such clerk’s bond were then insolvent, where there was no showing that the Board had made the essential preliminary finding that the officer’s bond was insufficient. Luter v. Board of Sup'rs, 186 Miss. 24, 189 So. 94, 1939 Miss. LEXIS 215 (Miss. 1939).

Governor must notify officer to appear at a day and place to be named within ten days to give a new bond. Broom v. Henry, 136 Miss. 132, 100 So. 602, 1924 Miss. LEXIS 110 (Miss. 1924).

Until notice is given and expiration of time to file new bond, no vacancy occurs, and the governor cannot appoint another to fill the alleged vacancy. Broom v. Henry, 136 Miss. 132, 100 So. 602, 1924 Miss. LEXIS 110 (Miss. 1924).

OPINIONS OF THE ATTORNEY GENERAL

The county tax assessor’s office must be open for business on all business days from 8:00 a.m. to 5:00 p.m., except when the board of supervisors authorizes it to be closed at 12:00 noon one business day of each week, or all day Saturday of each week, or at 12:00 noon on Saturday and at 12:00 noon on one additional business day of each week. Richardson, June 28, 2002, A.G. Op. #02-0315.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees § 490, 520.

3 Am. Jur. Legal Forms 2d, Bonds § 43:18 (general form of official bond).

CJS.

67 C.J.S., Officers §§ 73, 74.

Cross References —

Authority of Legislature to fix conditions of official bonds, see Miss. Const. Art. 4, § 82.

Qualification of surety companies, see §83-27-1.

JUDICIAL DECISIONS

1. In general.

2. Release.

1. In general.

The sureties on the new bond are not liable for defaults occurring before its execution. Lewenthall v. State, 51 Miss. 645, 1875 Miss. LEXIS 89 (Miss. 1875).

2. Release.

A petition by a surety company to a board of supervisors couched in the language of this section in order to be relieved from the obligation of surety to a justice of the peace did not give rise to a cause of action against it for libel, both because the surety was thereby exercising a legal right and because the words themselves were not libelous. Morehead v. United States Fidelity & Guaranty Co., 187 Miss. 55, 192 So. 300, 1939 Miss. LEXIS 94 (Miss. 1939).

A failure to give a new bond, when ordered to do so under the section ipso facto vacates the office, and the petitioning sureties are no longer liable. Bennett v. State, 58 Miss. 556, 1880 Miss. LEXIS 158 (Miss. 1880); State v. Morgan, 59 Miss. 349, 1881 Miss. LEXIS 132 (Miss. 1881).

Sureties are not released, nor are additional sureties bound, by erasing the names of the former and substituting those of the latter by direction of the board of supervisors. State v. Matthews, 57 Miss. 1, 1879 Miss. LEXIS 1 (Miss. 1879).

RESEARCH REFERENCES

CJS.

67 C.J.S., Officers §§ 368, 369.

Cross References —

Authority of Legislature to fix conditions of official bonds, see Miss. Const. Art. 4, § 82.

Qualification of surety companies, see §83-27-1.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 516, 534, 535, 538.

CJS.

67 C.J.S., Officers §§ 368, 369.

Cross References —

Authority of Legislature to fix conditions of official bonds, see Miss. Const. Art. 4, § 82.

Approval of bonds of county and beat officers, see §25-1-19.

OPINIONS OF THE ATTORNEY GENERAL

A review of all the sections in this chapter show that these statutes are intended to apply to elected or appointed officials having a duty to the public in general, and that they do not apply to guardians, executors or administrators of individuals or their estates. Clapp, Nov. 27, 1991, A.G. Op. #91-0876.

If a county officer is unable to be bonded by a surety company he may follow the procedures outlined in the second paragraph of Section 25-1-31. Carson, December 7, 1995, A.G. Op. #95-0779.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 490, 491.

CJS.

67 C.J.S., Officers §§ 73, 74.

Cross References —

Form and conditions of official bonds, see §25-1-15.

OPINIONS OF THE ATTORNEY GENERAL

No authority requires the county to bond the county medical examiner. However, a county may, within its discretion, provide such a bond. See Section 25-1-33. Brooks, December 20, 1996, A.G. Op. #96-0835.

Counties may not pay the premium on the required bond for official court reporters of the chancery and circuit court, but may pay the premium for the bonds of county court reporters and may pay the dues for the membership of the county court reporter in the court reporter’s association upon making a determination that such dues are reasonable and necessary to the performance of the court reporter’s duties. Ross, February 26, 1999, A.G. Op. #99-0053.

A school district’s responsibility for the payment of the premiums on the surety bonds of its members is for the amount that is necessary to obtain a good and sufficient bond; the district would not be required to bear the expense of that portion of a premium that is over and above the amount determined to be necessary to obtain a good and sufficient bond. Wyly, Jan. 10, 2003, A.G. Op. #02-0761.

Section 25-1-33 applies to bonds given by a school board member pursuant to Section 37-6-15(1). Seal, Apr. 18, 2003, A.G. Op. 03-0170.

Payment of a premium that is over and above what is necessary to acquire a good and sufficient bond as determined by a school board would be a waste of taxpayers’ money. Seal, Apr. 18, 2003, A.G. Op. 03-0170.

RESEARCH REFERENCES

Am. Jur.

63 Am. Jur. 2d, Public Officers and Employees §§ 487, 488.

CJS.

67 C.J.S., Officers §§ 73, 74, 473–475.

Cross References —

Form of commissions, see Miss. Const. Art. 5, § 127.

Form of oath, see Miss. Const. Art. 14, § 268.

Certification by Secretary of State of official character of state officer, see §7-3-43.

Execution by mayor of commissions and appointments of officers, see §21-3-17.

Penalty for assuming duties of office before taking oath and giving bond, see §97-11-41.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees § 122.

CJS.

67 C.J.S., Officers §§ 10, 11, 457 et seq.

Cross References —

Penalty for assuming duties of office before taking oath or giving bond, see §97-11-41.

JUDICIAL DECISIONS

1. In general.

2. Nature of de facto office or officer.

3. Particular de facto officers—In general.

4. —Person appointed, deputized, or commissioned.

5. —Failure to take oath of office.

6. Validity of acts of de facto officers—In general.

7. —Superiority of officer having legal right.

8. —Surrender of office by de jure officer.

9. Rights of de facto officers.

1. In general.

The statute is declaratory of the common law. Cooper v. Moore, 44 Miss. 386, 1870 Miss. LEXIS 123 (Miss. 1870).

2. Nature of de facto office or officer.

A person assuming, without authority, to exercise official powers does not become an officer de facto if his authority to exercise such powers is promptly challenged. Day v. McCandless, 167 Miss. 832, 142 So. 486, 1932 Miss. LEXIS 198 (Miss. 1932).

If de jure officer, in possession of office, performing its functions, refuses to yield possession, no one can take office from him by force and become de facto officer. Day v. McCandless, 167 Miss. 832, 142 So. 486, 1932 Miss. LEXIS 198 (Miss. 1932).

“De facto officer” is one who is such in fact but not in law, and whose acts are as effective as the acts of a de jure officer. State v. Boykin, 114 Miss. 527, 75 So. 378, 1917 Miss. LEXIS 60 (Miss. 1917).

A person who is actually in possession of an office under color of title and performing its functions, is a “de facto officer,” whose actions cannot be impeached in any proceeding in which he is not a party. Rosetto v. Bay St. Louis, 97 Miss. 409, 52 So. 785, 1910 Miss. LEXIS 271 (Miss. 1910).

An officer de facto is one who exercises the powers and discharges the functions of an office, being then in the possession of the same under color of authority, but without actual right thereto. Adams v. Mississippi State Bank, 75 Miss. 701, 23 So. 395 (Miss. 1898).

Where there is neither colorable right to the office, nor previous performance of official functions, nor recognition of official character by the public, one who assumes to perform an official act is not a de facto officer. Dabney v. Hudson, 68 Miss. 292, 8 So. 545, 1890 Miss. LEXIS 51 (Miss. 1890).

A mere intruder into an office, acting without color of right and without recognition by the public, is not a de facto officer. Dabney v. Hudson, 68 Miss. 292, 8 So. 545, 1890 Miss. LEXIS 51 (Miss. 1890).

There cannot be a de facto and a de jure officer holding the same office at the same time. Cohn v. Beal, 61 Miss. 398, 1883 Miss. LEXIS 145 (Miss. 1883).

3. Particular de facto officers—In general.

Although the source of a county judge’s authority to sit as a special circuit judge in another county was unclear, he was at least a de facto circuit judge, and his acts were valid against all persons affected thereby under this section. Crocker v. Sears, Roebuck & Co., 346 So. 2d 921, 1977 Miss. LEXIS 2550 (Miss. 1977).

Where, although the city commission records did not show his appointment, the evidence showed that the individual in question had been sworn in as a police justice pro tem, that he had gone through the regular procedure of making out his personnel file, and that he had been regularly paid a salary and had acted in the capacity of a police justice, he was at least a de facto police justice and his acts were not void. Raper v. State, 317 So. 2d 709, 1975 Miss. LEXIS 1775 (Miss. 1975).

A mayor and commissioners who were continued in office under a decree of the chancery court after a new mayor and commissioner had been elected in a municipal election were de facto officers under the terms of this section, and their actions as such were not void. Krebs v. Bradley, 190 So. 2d 886, 1966 Miss. LEXIS 1418 (Miss. 1966).

Under this section a deputy clerk of a municipal board who was in possession of the office and recognized as such by the public, constituted a de facto officer whose acts were valid regardless of whether he was a de jure officer. In re Validation of Municipal Bonds, 188 Miss. 817, 196 So. 258, 1940 Miss. LEXIS 75 (Miss. 1940).

If highway commissioners are not de jure officers because not elected at time required by Constitution, they are de facto officers whose acts are valid so long as not challenged in legal manner. Trahan v. State Highway Com., 169 Miss. 732, 151 So. 178, 1933 Miss. LEXIS 7 (Miss. 1933).

County tax collector and surety on official bond held not liable to State Tax Collector for funds deposited in insolvent bank, which, under surrounding facts and circumstances, constituted de facto depository. Miller v. Batson, 160 Miss. 642, 134 So. 567, 1931 Miss. LEXIS 204 (Miss. 1931).

Mayor and aldermen performing duties of office without having qualified are de facto officers, with power to accept and approve bond of marshal as tax collector. Coker v. Wilkinson, 142 Miss. 1, 106 So. 886, 1926 Miss. LEXIS 52 (Miss. 1926).

Where the son of a circuit clerk, though ineligible to appointment as deputy because of minority, acts as his father’s deputy and is generally recognized by the public as such, he is a de facto officer and a writ of attachment issued by him is not void. Wimberly v. Boland, 72 Miss. 241, 16 So. 905, 1894 Miss. LEXIS 121 (Miss. 1894).

4. —Person appointed, deputized, or commissioned.

Officer was sworn in by a justice court judge to fulfill the duties of a justice court deputy clerk in June 2015, and he was acting as a de facto officer and possessed the requisite authority to administer the oath and swear to the charging affidavit; therefore, any defects that may have existed in the appointment of the officer did not negate that he was acting under the color of appointment at the time he issued defendant’s affidavit. Oliver v. State, — So.3d —, 2019 Miss. App. LEXIS 18 (Miss. Ct. App. Jan. 15, 2019).

At the time of a disciplinary hearing held by the Mississippi Real Estate Appraiser Licensing and Certification Board, all of the board members had been duly appointed by the Governor, thereby making them public officials; thus, pursuant to Miss. Code Ann. §25-1-37, the members of the board, even if serving in violation of Miss. Code Ann. §§73-34-7(b) and (c), still had valid authority to act in official capacity as “de facto” officers. Miss. Real Estate Appraiser Licensing & Certification Bd. v. Schroeder, 980 So. 2d 275, 2007 Miss. App. LEXIS 430 (Miss. Ct. App. 2007).

One acting as mayor and municipal trial judge under appointment by governor because of absence of duly elected mayor in armed forces under indefinite leave of absence granted by board of aldermen, was at least a de facto officer, whose acts in connection with the trial and conviction in misdemeanor case were valid. Upchurch v. Oxford, 196 Miss. 339, 17 So. 2d 204, 1944 Miss. LEXIS 199 (Miss. 1944).

Special judge appointed by governor for particular term after resignation of regular judge was de facto judge whose title could not be raised by litigants in pleading suit; acts of de facto judge are valid. Bird v. State, 154 Miss. 493, 122 So. 539, 1929 Miss. LEXIS 154 (Miss. 1929).

Bond commissioners appointed by mayor and board of aldermen to construct sea wall, the municipal charter providing for their appointment, are at least de facto officers whose acts are valid, and whose right to office can be questioned only by the state. Sick v. Bay St. Louis, 113 Miss. 175, 74 So. 272, 1916 Miss. LEXIS 45 (Miss. 1916).

A special judge commissioned under Code 1930, § 997 by the governor to preside on the trial of a criminal case, the regular judge being disqualified, who assumes the position and discharges the duties thereof, is a de facto officer and his acts are valid, although he fails to take the official oath required by § 155 Const 1890, before assuming the duties of office. Powers v. State, 83 Miss. 691, 36 So. 6, 1903 Miss. LEXIS 90 (Miss. 1903), overruled, Jones v. State, 144 Miss. 52, 109 So. 265, 1926 Miss. LEXIS 341 (Miss. 1926).

Where a private person deputized by a justice of the peace to execute a warrant of arrest issued by him acts under the warrant in making the arrest he is entitled to the protection afforded a de facto officer in serving a warrant. Harris v. State, 72 Miss. 99, 16 So. 360, 1894 Miss. LEXIS 83 (Miss. 1894).

One acting generally as deputy sheriff, under written appointment from the sheriff, although not having qualified according to law, is a de facto officer, and his acts as between third parties must be held valid. Alabama & V. R. Co. v. Bolding, 69 Miss. 255, 13 So. 844, 1891 Miss. LEXIS 170 (Miss. 1891).

5. —Failure to take oath of office.

One elected mayor and discharging the duties and exercising the powers of that office was an officer de jure although he failed to take the oath of office. Town of Sumrall v. Polk, 118 Miss. 687, 79 So. 847, 1918 Miss. LEXIS 120 (Miss. 1918).

6. Validity of acts of de facto officers—In general.

In declaratory judgment action brought by State Ethics Commission regarding conflicts of interest involving public officials, collateral attack upon Commission’s membership, alleging unconstitutional and illegal appointment, could not be allowed. Frazier v. State, 504 So. 2d 675, 1987 Miss. LEXIS 2394 (Miss. 1987).

The Jackson Redevelopment Agency was a legal entity entitled to exercise the power of eminent domain, even though it had failed to file the required annual reports; the fact that two of the seven commissioners of the redevelopment agency were not qualified to serve on the board of directors because they did not meet the statutory residence requirements did not invalidate the agency’s exercise of its eminent domain powers where, under §25-1-37, their right to office could not be impeached in a collateral proceeding; nor could a collateral proceeding be used to raise a claim that two of the commissioners had improperly failed to file statements regarding conflicts of interest and that three other commissioners were not qualified because they held other public office; however, the agency’s action in condemning the property at issue was invalid under §43-35-33 since a quorum of the commissioners was not present when the resolution to exercise the power of eminent domain was adopted. Jackson Redevelopment Authority v. King, Inc., 364 So. 2d 1104, 1978 Miss. LEXIS 2236 (Miss. 1978).

A person never formally appointed in writing as required by law who was employed by a sheriff as a deputy, had signed an oath of office, and had acted for a long time as a deputy in uniform without challenge, had the right to arrest for motor vehicle violations and to demand driver’s licenses. United States v. Williams, 416 F.2d 4, 1969 U.S. App. LEXIS 10746 (5th Cir. Miss. 1969), cert. denied, 397 U.S. 910, 90 S. Ct. 908, 25 L. Ed. 2d 91, 1970 U.S. LEXIS 2991 (U.S. 1970), cert. denied, 397 U.S. 968, 90 S. Ct. 1008, 25 L. Ed. 2d 262, 1970 U.S. LEXIS 2728 (U.S. 1970).

A mayor and commissioners who were continued in office under a decree of the chancery court after a new mayor and commissioner had been elected in a municipal election were de facto officers under the terms of this section, and their actions as such were not void. Krebs v. Bradley, 190 So. 2d 886, 1966 Miss. LEXIS 1418 (Miss. 1966).

Acts in connection with trial and conviction in misdemeanor case of one acting as mayor and municipal judge, under appointment by governor because of absence of duly elected mayor in armed forces, were valid, since he was at least a de facto officer. Upchurch v. Oxford, 196 Miss. 339, 17 So. 2d 204, 1944 Miss. LEXIS 199 (Miss. 1944).

Acts of de facto officer are valid, so far as interest of public and of third person is involved. Miller v. Batson, 160 Miss. 642, 134 So. 567, 1931 Miss. LEXIS 204 (Miss. 1931).

Lawful acts of de facto officers are binding on third persons. Town of Sumrall v. Polk, 118 Miss. 687, 79 So. 847, 1918 Miss. LEXIS 120 (Miss. 1918).

Validity of acts of a justice of the peace, who was also mayor at the time of conviction, cannot be questioned by person convicted. Wilson v. State, 113 Miss. 748, 74 So. 657, 1917 Miss. LEXIS 150 (Miss. 1917).

Attachment issued by mayor of a town, who, after qualifying as deputy sheriff of the county, exercised the duties of mayor and ex officio justice of the peace until his term of office as mayor expired, was valid despite Const. Art 1, § 2. B. Altman & Co. v. Wall, 111 Miss. 198, 71 So. 318, 1916 Miss. LEXIS 268 (Miss. 1916).

Actions of de facto municipal officers are valid. Greene v. Rienzi, 87 Miss. 463, 40 So. 17, 1905 Miss. LEXIS 172 (Miss. 1905).

The law attaches validity to acts of de facto officers. Bell v. State, 38 So. 795 (Miss. 1905).

Election of one as school trustee, though made after the day set by statute, gave him at least color of office, and selection of a teacher by the board of which he was a member was valid. Whitman v. Owen, 76 Miss. 783, 25 So. 669, 1899 Miss. LEXIS 17 (Miss. 1899).

The fact that jurors and witnesses in a criminal case were sworn by one acting as a deputy clerk, but neither regularly appointed nor sworn, is not ground for a new trial; It is within this section. Mobley v. State, 46 Miss. 501, 1872 Miss. LEXIS 18 (Miss. 1872).

7. —Superiority of officer having legal right.

Acts of officer having legal right will be recognized in case of two de facto officers acting simultaneously under claim of right. Board of Mississippi Levee Comm'rs v. Montgomery, 145 Miss. 578, 110 So. 845, 1927 Miss. LEXIS 125 (Miss. 1927).

8. —Surrender of office by de jure officer.

Evidence established that de jure trustees of school district never surrendered office to trustees who attempted to supplant them, as respects validity of latter’s acts. Day v. McCandless, 167 Miss. 832, 142 So. 486, 1932 Miss. LEXIS 198 (Miss. 1932).

9. Rights of de facto officers.

School superintendent was not estopped by entering into agreement with persons unlawfully assuming to act as school trustees during time when de jure trustees were functioning, since such persons suffered no injury thereby because they had no rights which could be invaded by such superintendent. Day v. McCandless, 167 Miss. 832, 142 So. 486, 1932 Miss. LEXIS 198 (Miss. 1932).

A de facto officer cannot sue for and recover from the county the compensation or fees of the office. Matthews v. Board of Supervisors, 53 Miss. 715, 1876 Miss. LEXIS 140 (Miss. 1876).

OPINIONS OF THE ATTORNEY GENERAL

Acts of de facto members of municipal party executive committees are valid pursuant to Miss. Code Section 25-1-37. Jackson, May 12, 1993, A.G. Op. #93-0292.

Although the statute gives the actions taken by “de facto” officers validity, it does not entitle these individuals to receive a salary or per diem for their services. Burnett, June 12, 2000, A.G. Op. #2000-0295.

A newly elected school board member who casts a vote prior to being bonded and taking the oath of office violates Section 97-11-41; however, any vote so taken may be binding, as that of a de facto officer under Section 25-1-37. Mabry, Apr. 27, 2001, A.G. Op. #01-0239.

Officers appointed by the Governor in vacation and not confirmed by the Senate, but who have taken the oath of office, may be “de facto” officers; and actions taken by “de facto” officers are valid. Janus, Oct. 5, 2001, A.G. Op. #01-0612.

RESEARCH REFERENCES

CJS.

67 C.J.S., Officers §§ 10, 11, 457 et seq.

Cross References —

Appointment of deputy sheriffs, see §§19-25-19,19-25-21.

JUDICIAL DECISIONS

1. In general.

On the death of the land commissioner the employment of his deputy ceases when the successor of the land commissioner has been appointed and qualified. State ex rel. Brown v. Christmas, 126 Miss. 358, 88 So. 881, 1921 Miss. LEXIS 44 (Miss. 1921).

This section does not abridge the governor’s constitutional authority (Const. § 103) to fill by appointment a vacancy occasioned by death of the sheriff. Baker v. Nichols, 111 Miss. 673, 72 So. 1, 1916 Miss. LEXIS 366 (Miss. 1916).

Under this section a deputy sheriff and tax collector may sell lands for taxes after the death of his principal and before the vacancy in the office has been filled. McRee v. Swalm, 81 Miss. 679, 33 So. 503, 1902 Miss. LEXIS 197 (Miss. 1902).

Statute, Code 1892, § 828 providing for performance by the coroner of sheriff’s duties in case of vacancy in the office of sheriff and no deputy to act as authorized by law in case of death of the sheriff, or other causes (see Code 1942, § 3906), must be construed with this section; and such statute does not require performance of official duties by a deputy sheriff whose principal is alive and disqualified. Lipscomb v. State, 76 Miss. 223, 25 So. 158, 1898 Miss. LEXIS 130 (Miss. 1898).

RESEARCH REFERENCES

CJS.

67 C.J.S., Officers, §§ 468 et seq.

Cross References —

Requirement that bonds be payable to state, see §11-1-27.

Terms of appearance bond or recognizance of party to criminal proceeding, see §99-5-5.

Sufficiency of bonds and recognizances taken in criminal cases, see §99-5-21.

JUDICIAL DECISIONS

1. In general.

Promise, voluntarily made in bond executed for privilege of selling gasoline, to pay attorney’s fees and other expenses incurred in collecting privilege tax and penalty, was enforceable, although not required by statute. Treas v. Price, 167 Miss. 121, 146 So. 630, 1933 Miss. LEXIS 88 (Miss. 1933).

Failure of treasurer of levee board to sign his bond as principal where the bond was delivered as his official bond and acted upon as such is immaterial. Adams v. Williams, 97 Miss. 113, 52 So. 865, 1910 Miss. LEXIS 283 (Miss. 1910).

Official bond is not invalidated by addition of condition not required by law. Adams v. Williams, 97 Miss. 113, 52 So. 865, 1910 Miss. LEXIS 283 (Miss. 1910).

RESEARCH REFERENCES

Am. Jur.

12 Am. Jur. 2d, Bonds §§ 4 et seq.

CJS.

67 C.J.S., Officers and Public Employees § 474.

Cross References —

Penalty for unauthorized appropriation by municipal officers, see §21-39-15.

For requirement that municipal appropriations be specific, see §21-39-17.

Requirements for public purchases, see §§31-7-1 et seq.

JUDICIAL DECISIONS

1. In general.

The only authority of the president of the board of supervisors to execute a deed was evidenced by the board’s order on its minutes which directed the conveyance of the land, retaining in the county one-half of the materials and if the deed is to be construed as conveying more, then it was unauthorized and ineffective to vest the full fee simple to the land. Thornhill v. Ford, 213 Miss. 49, 56 So. 2d 23, 1952 Miss. LEXIS 331 (Miss. 1952).

Orders entered on the minutes of the mayor and board of aldermen of a municipality with respect to the purchase of a fire engine, providing for the advertisement for bids and thereafter indicating the acceptance of a bid, were not sufficient to effectuate a valid sale, requisite elements having been omitted from the recitals of the minutes. American-Lafrance, Inc. v. Philadelphia, 183 Miss. 207, 184 So. 620, 1938 Miss. LEXIS 234 (Miss. 1938).

No contract can be entered into by any officer on behalf of a municipality unless “specially authorized thereto by law,” or by an order of the board of municipal authorities. Kidder v. McClanahan, 126 Miss. 179, 88 So. 508, 1921 Miss. LEXIS 18 (Miss. 1921).

Cross References —

Proceeding on bond of justice court judge, see §9-11-7.

Bond of member of board of supervisors, see §19-3-5.

Liability of sheriff, coroner, or other officer for failure to return execution, see §19-25-41.

Liability of sheriff or deputy for failure to pay over money collected, see §19-25-45.

Deduction from salary of state officer for absence from state, see §25-3-51.

Deduction from salary of judge for absence from court, see §25-3-57.

Penalty for Attorney General or district attorney advising or defending criminal, see §97-11-3.

Penalty for approval of worthless official bond, see §97-11-9.

Penalty for clerk refusing to give certified copy of papers upon demand, see §97-11-17.

Penalty for failure of peace officer, to return person who has committed offense, see §97-11-35.

Criminal liability of municipal and county officers for offenses respecting required records, see §97-11-37.

JUDICIAL DECISIONS

1. In general.

The surety under a “blanket” public employees performance bond covering the administrator, trustees, librarian, dietitian, superintendent of nurses, and bookkeeper of a county hospital, was not entitled to recover from the administrator any part of a $6,000 shortage which occurred during the administrator’s tenure at the hospital, where the administrator had inherited from his predecessor the mode of operation and continued it without objection by the trustees or by the State Auditing Department, and where the State Auditor’s report as to the shortage made no attempt to fix responsibility for the shortage. Hartford Acci. & Indem. Co. v. Reedy, 233 So. 2d 799, 1970 Miss. LEXIS 1679 (Miss. 1970).

Neither county superintendent of education, nor sureties on his official bond, are liable for erroneously, but in good faith, issuing certificates against school funds under Code 1942, § 6349, for the purchase of fire extinguishers for use in school busses and payment of premiums on bonds executed by school-bus drivers. Barnett v. Lollar, 197 Miss. 574, 19 So. 2d 748, 1944 Miss. LEXIS 323 (Miss. 1944).

Theory of liability under Code 1942, § 2944, respecting appropriation of money to “any object, not authorized by law,” is inapplicable with respect to liability of county superintendent of education for wrongfully issuing certificates against school funds. Barnett v. Lollar, 197 Miss. 574, 19 So. 2d 748, 1944 Miss. LEXIS 323 (Miss. 1944).

Matters of defense, such as honest mistake and good faith, in action against county superintendent of education and sureties on his official bond for wrongly issuing certificates under Code 1942, § 6349, must be pleaded and proved by the defendants, and need not be negatived in the complaint. Barnett v. Lollar, 197 Miss. 574, 19 So. 2d 748, 1944 Miss. LEXIS 323 (Miss. 1944).

Expenditure of public funds by a county officer, even though within the general field of his jurisdiction, may be so clearly and distinctly unlawful as to preclude the defense that he so acted in good faith and honest error. Barnett v. Lollar, 197 Miss. 574, 19 So. 2d 748, 1944 Miss. LEXIS 323 (Miss. 1944).

Common-law rule, that a public officer is not liable for errors or mistakes made by him in good faith when acting judicially or quasi judicially within the scope and subject matter over which he has been given jurisdiction, applies in respect to liability under this section. Barnett v. Lollar, 197 Miss. 574, 19 So. 2d 748, 1944 Miss. LEXIS 323 (Miss. 1944).

Public officers are insurers of the safety of public money coming into their hands by virtue of their office and are liable in all cases for its loss, unless caused by the act of God or the public enemy. Adams v. Lee, 72 Miss. 281, 16 So. 243, 1894 Miss. LEXIS 71 (Miss. 1894).

OPINIONS OF THE ATTORNEY GENERAL

If an officer or employee of the state or subdivision fails or refuses to make any report as set forth in Section 7-7-218, and that failure or refusal constitutes a breach of his or her faithful performance of duty, then recovery may be sought from the applicable bond. Bryant, May 5, 2000, A.G. Op. #2000-0185.

RESEARCH REFERENCES

ALR.

Liability of clerk of court, county clerk or prothonotary, or surety on bond, for negligent or wrongful acts of deputies or assistants. 71 A.L.R.2d 1140.

Civil liability of judicial officer for malicious prosecution or abuse of process. 64 A.L.R.3d 1251.

Immunity of public officer from liability for injuries caused by negligently released individual. 5 A.L.R.4th 773.

Governmental tort liability for failure to provide police protection to specifically threatened crime victim. 46 A.L.R.4th 948.

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 362–364 et seq.

47 Am. Jur. Trials 411, Handling Fidelity Bond Claims.

CJS.

67 C.J.S., Officers §§ 247-258.

Cross References —

Purchase by municipalities of errors and omissions insurance for municipal officials, see §21-15-6.

Penalty for member of State Tax Commission failing to account for and pay over collections, see §27-3-45.

JUDICIAL DECISIONS

1. In general.

2. Illustrative cases.

1. In general.

Members of a county board of supervisors are empowered to employ counsel and defend themselves when sued in causes arising out of their official position where they have a colorable defense and present the defense in good faith; however, where there is no reasonable basis for a defense and/or where the board members proceed in bad faith, they act ultra vires and have no power to expend public funds for defense, and, in such cases, the court should order that any such defense be at their own expense and that any public funds expended be reimbursed. Richardson v. Canton Farm Equipment, Inc., 608 So. 2d 1240, 1992 Miss. LEXIS 596 (Miss. 1992).

2. Illustrative cases.

In an election contest filed by a mayor’s opponent, the fact that no city officials were named as defendants did not bar the city council from hiring counsel because city officials’ violations of election laws were alleged. McAdams v. Perkins, 204 So.3d 1257, 2016 Miss. LEXIS 506 (Miss. 2016).

Sheriff was not entitled to reimbursement for legal fees incurred by him as a party in a federal lawsuit by employees seeking overtime pay because the statutes allowing the payment of fees were discretionary and did not require that counsel be provided to all employees with a colorable defense who acted in good faith. Madison County v. Hopkins, 857 So. 2d 43, 2003 Miss. LEXIS 577 (Miss. 2003).

Chancellor erred in ordering a county to pay part of the attorney’s fees a sheriff incurred in federal court litigation, on grounds that a conflict of interest entitled the sheriff to separate representation, as (1) the federal district court had ruled that there was no conflict of interest in the same attorney representing the sheriff in his official capacity and suing him in his individual capacity; and (2) Miss. Code Ann. §25-1-47 and Miss. Code Ann. §19-3-47 permitted, but did not require, the county to provide the sheriff legal counsel in the federal action. Madison County v. Hopkins, 857 So. 2d 43, 2003 Miss. LEXIS 299 (Miss. 2003).

OPINIONS OF THE ATTORNEY GENERAL

Although statute uses word “municipality,” term has consistently been construed to include counties; statute does authorize county board of supervisors discretion to settle claims for construction of new well. Whitten, Feb. 14, 1990, A.G. Op. #90-0080.

Statute would authorize school district, in its discretion, to pay and satisfy claim of parents whose minor child received injuries while playing on swing set on school playground. Lowrey, August 29, 1990, A.G. Op. #90-0638.

County may settle claim against county employee for actions taken in his or her capacity as employee. Stone, Sept. 6, 1990, A.G. Op. #90-0664.

If board of supervisors finds that legal action concerns actions taken by zoning commission’s attorney, while acting in official capacity as attorney for commission, then board has discretion to pay for attorney’s legal defense. Gex, April 25, 1991, A.G. Op. #91-0171.

A municipal authority may not provide legal counsel for an alderman when the lawsuit brought against the alderman was an election contest and not a lawsuit making a claim as a result of the alderman’s official actions. Causey, Nov. 14, 1991, A.G. Op. #91-0831.

County has discretionary authority to settle claims for calves which escaped through fence damaged by county road crew. Bishop, Sept. 2, 1992, A.G. Op. #92-0683.

Verdict for punitive damages against mayor may be paid by board of aldermen. Woods, Sept. 2, 1992, A.G. Op. #92-0697.

County board of supervisors may employ legal counsel for defense of any civil or criminal claim or action brought against any member or members of board as result of their actions while acting in official capacity. Walters, Dec. 9, 1992, A.G. Op. #92-0968.

Attorney for state mental healthcare facility can provide legal representation for employee in tort and criminal actions if Board grants official advance approval of such representation. Jackson, Dec. 30, 1992, A.G. Op. #92-0944.

If governing authorities of city find, consistent with fact and subject to judicial review, that where civil action arose out of actions of mayor, chief of police and director of public works, while acting in capacity of their offices or positions, then municipal governing authorities may, under Miss. Code Section 25-1-47(1), in their discretion, hire additional attorneys to defend mayor, chief of police and director of public works; fact that city participates in municipal association liability plan does not prohibit city from hiring additional counsel pursuant to above statute to defend mayor, chief of police and director of public works. Shepard, Feb. 3, 1993, A.G. Op. #93-0046.

Miss. Code Section 25-1-47 authorizes and empowers county within discretion of board of supervisors to provide legal counsel for defense of any claim or action, and to settle any claim or pay any judgment against any officer or employee of county sued for actions done during course of employment; this is discretionary and not mandatory. Welch, June 9, 1993, A.G. Op. #93-0295.

Word “municipality” in Section 25-1-47 includes public entities of every kind in State, and includes county board of supervisors. Barry, Feb. 24, 1994, A.G. Op. #93-0969.

Board of Supervisors must exercise sound discretion in deciding whether settlement of claim and expenditure of public funds for civil penalty for EPA violations is in best interest of public and must determine that settlement is based upon lawful claim against county. Barry, Feb. 24, 1994, A.G. Op. #93-0969.

While municipality is prohibited from providing free water service to an individual, municipal governing authorities, upon a proper finding of fact that citizen was overcharged for his water service, would be authorized to allow appropriate credit toward the payment of future water bills as settlement of claim pursuant to Section 25-1-47(2). Baker, March 17, 1994, A.G. Op. #94-0111.

Section 25-1-47 does not authorize use of public funds for defense of public officers or employees in actions brought against them by the state to collect public funds misappropriated or otherwise illegally applied or withheld by said officers or employees. McDowell, March 24, 1995, A.G. Op. #95-0151.

If a service provider presents a claim to the Board of Education, the board may resort to Section 25-1-47 and settle the claim upon a finding in the minutes that the service was needed, the service was rendered and the cost for same is just, reasonable and equitable. Wallace, April 14, 1995, A.G. Op. #95-0234.

Federal Wage and Hours Laws will take precedent over any conflicting state laws or local ordinances, or orders entered by the board of supervisors. The county may settle such a claim. See Section 19-3-40. Barry, June 14, 1996, A.G. Op. #96-0228.

When a board of supervisors is of the opinion that an elected official’s refusal to respond to requests made under the Public Records Act is in violation of the Act, as well as the stated policy of the Board with regard to providing such records, the board may but is not required under Section 25-1-47, to provide legal counsel to this elected official to defend litigation filed to secure such records. Meadows, November 1, 1996, A.G. Op. #96-0663.

Pursuant to Section 25-1-47(2) if a church presents to the board a legitimate, pending claim against officers, agents or employees of the school board, then at the discretion of the school board, the board may negotiate a settlement which includes a conveyance of title to the property authorized by resolution entered on the minutes. Such resolution should recite all the findings of the board, including the bona fide claim made, all the factors considered by the board, that the property is of no value and no use to the district, and that settlement is advantageous to the school district and necessary to avoid the expenses of litigation and any possibility of liability. Young, November 8, 1996, A.G. Op. #96-0729.

If the county does not choose to provide a bond for the medical examiner, and the medical examiner is sued in her official capacity, the county would be obligated to provide legal counsel. See Sections 25-1-47 and 11-46-1, et seq. Brooks, December 20, 1996, A.G. Op. #96-0835.

Although this section authorizes a county to provide legal counsel for the defense of any claim against an officer or employee of the county while acting in his official capacity, the governing authorities of the county must first grant advance approval of such representation. Trapp, Nov. 7, 1997, A.G. Op. #97-0671.

Overtime compensation claims ordered by the federal Department of Labor are claims against municipalities that can be deducted by the George County Board of Supervisors from the allocated budget of the office of Tax Assessor and Collector whose employees did not accept the county’s compensatory time policy. Dickerson, March 20, 1998, A.G. Op. #98-0161.

If an inmate sues the county board of supervisors and the sheriff, and the trial occurs two years later out of county where overnight stay becomes a necessity, the county may reimburse the sheriff and supervisors for out of pocket expenses for the hotel, meals, and mileage, even if some of these elected officials are no longer holding public office at the time of the trial. Mullins, November 13, 1998, A.G. Op. #98-0679.

An agency should authorize reimbursement of funds for defense of a criminal complaint only at such time that the criminal charges are successfully rebuffed by the employee. Warren, December 11, 1998, A.G. Op. #98-0670.

If a county board of supervisors finds, consistent with fact and spread upon the minutes, that, in driving without the proper license, a county employee was acting in his official capacity and within the scope of his employment, then the board of supervisors may reimburse the employees for assessed fines. Clements, April 23, 1999, A.G. Op. #99-0181.

Where an “insurance” pool paid an amount to the claimant, and the claimant accepted that payment, and executed a release or waiver in favor of the city, once such a settlement was accepted, the claimant was barred from making any additional claim for damages. To preserve the right to pursue the full amount claimed, the claimant should have refused the settlement tendered by the pool. Thus, as there remains no further legal obligation, the city cannot now supplement the amount accepted by the claimant from the insurance pool in settlement of the claim. McLaurin, July 16, 2004, A.G. Op. 04-0251.

Subject to the appropriate findings, the county board of supervisors had the authority to provide defense counsel for individual public defender attorneys in an action arising from complaints against the public defender system used by the county. Ross, Aug. 27, 2004, A.G. Op. 04-0386.

Upon a finding of a school board that the actions complained of in a lawsuit filed against the superintendent arise out of and in the course of her performance of the duties of superintendent of a school district, this section permits the school board to incur expenses related to the defense of those claims. Wyly, Dec. 20, 2004, A.G. Op. 04-0631.

A county may enter private land and remove tree stumps and debris as part of a settlement with the landowner. Clanton, Feb. 10, 2006, A.G. Op. #06-0023.

Section 25-1-47 does not authorize the use of public funds for the defense of public officers or employees in cases brought against them by the state to collect public funds misappropriated or otherwise illegally applied or withheld by said officers or employees. McDonald, May 12, 2006, A.G. Op. 06-0174.

RESEARCH REFERENCES

ALR.

Liability of governmental officer or entity for failure to warn or notify of release of potentially dangerous individual from custody. 12 A.L.R.4th 722.

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 370- 373.

CJS.

67 C.J.S., Officers §§ 355–359, 437 et seq.

Cross References —

Penalty for member of State Tax Commission failing to account for and pay over collections, see §27-3-45.

Cross References —

Penalty for constable or other officer failing to execute process or return execution, see §19-19-9.

Penalty for constable or other officer failing to pay money received on execution, see §19-19-11.

Liability of sheriff, coroner, or other officer for failure to pay over money collected, see §19-25-45.

Duties generally of marshals and chiefs of police, see §21-21-1.

Disposition of confiscated property used in illegal hunting or fishing, see §49-7-103.

Bidding for forfeited beverages and property under alcoholic beverages control law, see §67-1-97.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

16A Am. Jur. Legal Forms 2d, Sheriffs, Police and Constables, § 232:7, (transfer of custody of goods, process, and prisoners by former sheriff to successor).

CJS.

80 C.J.S., Sheriffs and Constables §§ 459, 460.

Cross References —

Prohibition against nepotism in appointment of banking examiners, see §81-1-65.

JUDICIAL DECISIONS

1. In general.

2. Standing.

1. In general.

The statute which governs nepotism, §25-1-53, did not pre-empt the application of §25-4-105 to a situation in which the president of a community college employed his wife as a teacher since the former statute does apply to the employment of teachers. Hinds Community College Dist. v. Muse, 725 So. 2d 207, 1998 Miss. LEXIS 610 (Miss. 1998).

A position in a town maintenance department was not within the ambit of the statute. Shelton v. Town of Hickory Flat, 724 So. 2d 1075, 1998 Miss. App. LEXIS 1007 (Miss. Ct. App. 1998).

Insurance commissioner’s appointment of disqualified person as deputy fire marshal would constitute “misfeasance” hence, Attorney General, not Auditor, was proper party to sue commissioner to recover payments to disqualified person. White v. Lowry, 162 Miss. 751, 139 So. 874, 1932 Miss. LEXIS 164 (Miss. 1932).

2. Standing.

A terminated town employee did not have standing to sue the board of aldermen for a violation of the section as he was not a member of the class of prospective employees for the appointive position in the town maintenance department. Shelton v. Town of Hickory Flat, 724 So. 2d 1075, 1998 Miss. App. LEXIS 1007 (Miss. Ct. App. 1998).

OPINIONS OF THE ATTORNEY GENERAL

Facts showed that husband was not appointing authority at time his wife was hired and simultaneous employment of husband and wife by city did not constitute nepotism; except for purposes of inquiring or receiving information or advice, council deals with municipal departments and personnel solely through mayor. Norman, Jan. 25, 1990, A.G. Op. #90-0051.

Position of road hand/machine operator/heavy equipment operator/road maintenance individual does not fall within class of employment enumerated or contemplated by statute (officer, clerk, stenographer, deputy or assistant); accordingly, employment of brother of member of board of supervisors would not constitute violation of nepotism statute. Lamar, Feb. 22, 1990, A.G. Op. #90-0094.

Where Board of Trustees of State Institutions of Higher Learning and institutional executive officer is hiring authority for positions at institution, violation of nepotism statute did not occur since employees in question were related within third degree to individuals other than members of Board of Trustees or executive officer. Hefner, Feb. 23, 1990, A.G. Op. #90-0111.

Kinship by marriage ends upon dissolution of marriage by divorce or death; former sister-in-law of board member, if otherwise qualified, may be lawfully appointed to serve as municipal clerk. Berryhill, June 13, 1990, A.G. Op. #90-0405.

Since hospital administrator/husband is not “appointing authority”, arrangement to hire wife of hospital administrator as employee of hospital will not violate nepotism statute. Hurt, June 18, 1990, A.G. Op. #90-0415.

Appointed municipal clerk is subject to same employment provisions as are regular municipal employees and therefore, insofar as nepotism statute is concerned would be in same situation as “employee” and is eligible to remain in office subsequent to time her kinsman was elected to board of aldermen. Fortner, August 22, 1990, A.G. Op. #90-0627.

Hiring of sister of member of board of supervisors by tax assessor and collector to be deputy assessor would not violate nepotism statute; Since tax assessor and collector is hiring authority, not board of supervisors, employee would not be related to hiring authority within third degree according to civil law. McGregor, August 29, 1990, A.G. Op. #90-0651.

Where sole authority for employment and discharge of employees expressly rests with commission, not executive director, commission may not hire as clerk, stenographer, officer, deputy or assistant, son or daughter of one of members of Board of Commissioners of Mississippi Coast Transportation Authority. Ward, Oct. 25, 1990, A.G. Op. #90-0784.

Three-part analysis should be employed to determine whether employment relationship violates nepotism statute: (1) Are parties related within third degree? (2) Is relative who is public official “appointing authority”? (3) Is job included in list of prohibited positions? Harrington, May 30, 1991, A.G. Op. #91-0404.

Whether employee is hired for summer only or permanently is irrelevant to question of whether employment violates nepotism statute. Harrington, May 30, 1991, A.G. Op. #91-0404.

The mayor and board of aldermen may hire the son of an aldermen as a ground man, meter reader or for any position in the utility department which is not an officer, clerk, stenographer, deputy or assistant. Brown, Nov. 4, 1991, A.G. Op. #91-0817.

A Board of Aldermen is not prohibited from hiring the son-in-law of an Alderman as the attorney for the Board. Spicer, Dec. 18, 1991, A.G. Op. #91-0955.

Coroner/county medical examiner investigator cannot appoint his son as deputy county medical examiner investigator. Beech, Feb. 26, 1992, A.G. Op. #91-0077.

Pursuant to the nepotism statute, a board of supervisors is prohibited from compensating the son of a county medical examiner investigator for his services as deputy county medical examiner investigator. Sims, June 17, 1992, A.G. Op. #92-0423.

As a deputy who is to be paid out of the public funds, a deputy medical examiner or medical examiner investigator is subject to the nepotism statute, regardless of whether he actually receives the compensation to which he is entitled. Sims, June 17, 1992, A.G. Op. #92-0423.

Because the sheriff, not the board of supervisors, is responsible for the actual employment of deputies, the employment by a sheriff of a deputy who is the son of a supervisor does not present a violation of the nepotism statute. Hatcher, June 17, 1992, A.G. Op. #92-0433.

Nepotism statute prohibits city council from appointing to Municipal Elections Commission uncle by marriage of one of council members. Hicks, Sept. 16, 1992, A.G. Op. #92-0677.

Nepotism statute prohibits city board of aldermen from appointing sister-in-law of alderman to city’s Election Commission. Navarro, Sept. 16, 1992, A.G. Op. #92-0684.

There is no apparent prohibition against deputy circuit clerk’s daughter-in-law serving as county election commissioner. Snow, Sept. 30, 1992, A.G. Op. #92-0659.

Miss. Code Section 25-1-53, Mississippi’s nepotism statute, prohibits hiring of person who is related by blood or marriage within third degree to hiring authority; this statute does not apply to person who is already in position before relative became hiring authority. Breland, Jan. 6, 1993, A.G. Op. #92-0983.

Attorney General’s office has consistently construed Miss. Code Section 25-1-53 strictly. Hathorn, Apr. 28, 1993, A.G. Op. #93-0271.

Consistent with strict interpretation of Miss. Code Section25-1-53, dispatcher is not “officer, clerk, stenographer, deputy, or assistant” such as is contemplated by nepotism statute; accordingly, Miss. Code §25-1-53 does not prohibit board of supervisors from employing sister-in-law of one of board’s members as dispatcher. Hathorn, Apr. 28, 1993, A.G. Op. #93-0271.

Mississippi’s nepotism statute, Miss. Code Section 25-1-53, does not apply to employment of physicians, nurses or medical technicians by governing boards of community hospitals; however, statute does apply to employment of officers, clerks, stenographers, deputies or assistants; statute does not apply to employee who was in department or institution before kinsman became hiring authority. Hollimon, May 12, 1993, A.G. Op. #93-0274.

Police officer who is not chief of police does not fall under nepotism statute and therefore board of aldermen could hire father and brother-in-law of one of members of board of aldermen as police officers. Brooks, June 16, 1993, A.G. Op. #93-0420.

Board of supervisors is ultimately appointing authority of assistant purchasing clerk in all counties, regardless of whether they operate under beat system or unit system and therefore county administrator was prohibited from appointing nephew of county supervisor as assistant purchasing clerk. Trapp, July 14, 1993, A.G. Op. #93-0482.

Administrator who implements federal law such as Americans with Disabilities Act is not one of five listed positions in statute and therefore board of supervisors or county administrator could appoint nephew of board member as administrator in county charged with responsibility of implementing Americans with Disabilities Act. Trapp, July 14, 1993, A.G. Op. #93-0482.

Because mayor is appointing authority and city council has no confirmation authority, there would be no violation of nepotism statute for husband of council member to serve as public defender. Perkins, July 14, 1993, A.G. Op. #93-0494.

Nepotism only applies to specific jobs mentioned in statute, namely “officer, clerk, stenographer, deputy or assistant”; therefore, it would not appear that employment by mayor and aldermen of mayor’s nephew as “staffing specialist” comes within prohibition of statute. Ellis Aug. 18, 1993, A.G. Op. #93-0583.

In determining whether nepotism statute applies, it is necessary to apply three-part analysis: (1) are parties related within third degree; (2) is relative who is public official appointing authority; (3) is position one of five enunciated positions in statute. Gilfoy Aug. 26, 1993, A.G. Op. #93-0613.

There does not appear to be prohibition against board of aldermen employing son of alderman as laborer, as that is not one of five specified positions in nepotism statute; however, as niece is within third degree of kinship prohibited by statute, and clerk is one of enunciated positions set out in nepotism statute, it would be in violation of Section 25-1-53 for niece of alderman to be employed in that capacity unless she was serving as city clerk at time her uncle or aunt became alderman. Gilfoy Aug. 26, 1993, A.G. Op. #93-0613.

Board of aldermen of municipality may retain attorney who is brother to one of members of board. Childre Sept. 1, 1993, A.G. Op. #93-0545.

Nepotism statute does not apply to position of municipal judge; therefore, Board of Aldermen may appoint municipal judge who is brother of alderman. Childre Sept. 1, 1993, A.G. Op. #93-0545.

Nepotism statute does not apply to position of department head of municipality; therefore, Board of Aldermen may appoint as department head person who is brother-in-law of alderman, i.e., person whose wife’s sister is married to alderman. Childre Sept. 1, 1993, A.G. Op. #93-0545.

Nepotism statute does not prohibit sheriff from appointing sister-in-law as dispatcher and/or jailer if she will not be deputy sheriff but it does prohibit her appointment as deputy sheriff. McMillan Sept. 23, 1993, A.G. Op. #93-0554.

Nepotism statute does not prohibit Mayor and Board of Aldermen from hiring brother-in-law of alderman as Director of Parks and Recreation. Dennis Oct. 28, 1993, A.G. Op. #93-0725.

Person may be employed as Director of Transition Program at Chemical Dependency Unit of which her husband is Director since position of “director” is not one of prohibited classes of employment listed in statute. Littlejohn Dec. 15, 1993, A.G. Op. #93-0944.

There was no prohibition against municipal governing authorities employing stepson of alderman as certified operator over Clean and Wastewater Department since this was not a position covered by nepotism statute. Pittman, March 17, 1994, A.G. Op. #94-0106.

The employment of the son-in-law of the mayor of a “code charter” municipality as a law enforcement officer does not violate the provisions Section 25-1-53 (the nepotism statute). Austin, April 19, 1995, A.G. Op. #95-0180.

Section 25-1-53 makes it unlawful to appoint a relative as an assistant who is to be paid out of the public funds. However, the appointment of an unpaid volunteer does not violate this section. Harper, June 28, 1995, A.G. Op. #95-0360.

Section 25-1-53 would not prohibit employment of persons not related by blood or marriage within the third degree. Griffith, July 19, 1995, A.G. Op. #95-0288.

Under Section 25-1-53, an ex-wife is not related by blood or marriage to a judge. Therefore, the nepotism statute does not prohibit a judge from hiring an ex-wife for the position of Secretary III. Landrum, August 23, 1995, A.G. Op. #95-0583.

Section 25-1-53 only applies to those positions specifically listed in the statute, therefore a supervisor may hire his brother-in-law as a road hand. Johnston, December 21, 1995, A.G. Op. #95-0841.

If a person was recently elected to serve as County Supervisor and the Supervisor’s son has been an employee of the district for six years prior to the election, it would appear to be acceptable for the son to continue to work in his present position under Section 25-1-53. Fortier, February 9, 1996, A.G. Op. #96-0027.

The County Board of Supervisors may employ the brother-in-law of one of its members as a full time mechanic to service and/or repair all county vehicles and equipment since, Section 25-1-53 only prohibits an official from employing or appointing a relative within the third degree to the following positions: “officer, clerk, stenographer, deputy, or assistant”. Griffin, March 22, 1996, A.G. Op. #96-0126.

Pursuant to Section 25-1-53 the brother-in-law of the alderman may not be employed as an officer, clerk, stenographer, deputy or assistant since he is related by marriage within the third degree to the alderman. A city is not prohibited from hiring the alderman’s brother-in-law in some other capacity or position. Tyner, September 6, 1996, A.G. Op. #96-0476.

Pursuant to Section 25-1-53, a stepfather or stepniece would be related by marriage within the third degree. Therefore, such person could not serve as an officer, clerk, stenographer, deputy or assistant. Greathree, September 20, 1996, A.G. Op. #96-0619.

The hiring as a police officer of the first cousin of a police chief, considered to be related in the fourth degree, would not violate the nepotism statute. Pickens, July 3, 1997, A.G. Op. #97-0365.

The nepotism statute is violated if the son of a county medical examiner is appointed as a deputy county medical examiner even if the deputy agrees to serve without compensation. McWilliams, July 18, 1997, A.G. Op. #97-0414.

An appointment of the brother of an alderman as the police chief of a municipality would violate the nepotism statute. Boland, Aug. 1, 1997, A.G. Op. #97-0439.

Miss. Code Section 25-1-53 would not restrict the employment of a public relations assistant, notwithstanding the fact that the assistant is related within the third degree to a member of the appointing authority, because a public relations assistant is not one of the five positions to which Section 25-1-53 applies. Pogue, Aug. 1, 1997, A.G. Op. #97-0440.

The nepotism statute is violated if a person is appointed to a public job by a public officer related to them within the third degree and they receive insurance benefits, the premiums for which are paid out of public funds. Bryant, Aug. 29, 1997, A.G. Op. #97-0488.

Nepotism statute prohibiting a board of alderman from appointing a person who is related by blood or marriage within the third degree to a board member to one of five specific positions, that is, officer, clerk, stenographer, deputy or assistant, applies by its own terms to five positions only and, therefore, does not preclude the mayor and aldermen from appointing the mayor’s brother as an operator/laborer in the water department. Thomas, January 9, 1998, A.G. Op. #97-0833.

A mayor who appoints his brother to a school board, which is an office of the executive government, will violate the Nepotism Statute unless the brother forgoes all compensation and payment. Cochran, March 6, 1998, A.G. Op. #98-0106.

The nepotism statute does not prohibit the sheriff from hiring a cousin of his wife as chief deputy. Entrekin, May 14, 1998, A.G. Op. #98-0255.

The nepotism statute does not prohibit a board of supervisors from hiring a nephew of a member of the board as a laborer or light equipment operator. Entrekin, May 22, 1998, A.G. Op. #98-0272.

The nepotism statute does not prohibit the president of a community college from hiring the daughter-in-law of a member of the board of trustees as a recruiter. Summers, June 5, 1998, A.G. Op. #98-0305.

The nepotism statute does not prohibit a municipality from hiring the son of an alderman as a full time policeman who is not the chief. Tyner, August 14, 1998, A.G. Op. #98-0419.

The board of aldermen may hire the brother of an alderman as fire chief. Collins, August 21, 1998, A.G. Op. #98-0514.

It would be a violation of the statute for a member of a governing authority empowered to vote for the appointment of a commissioner to be related to such appointee within the third degree. Wolfe, October 9, 1998, A.G. Op. #98-0614.

There is no violation of the statute where the relative appointed to a position is to receive no payment or compensation to be paid from public funds. Wolfe, October 9, 1998, A.G. Op. #98-0614.

The appointment of the son of a member of the Board of Commissioners of the City of Clarksdale to the Clarksdale Public Utilities Commission would violate the provisions of the nepotism statute, unless he were to agree to waive all compensation. Twiford, December 23, 1998, A.G. Op. #98-0751.

A stepdaughter is related by marriage within the third degree, and a city council may not appoint a stepdaughter of a council member as the city clerk. Lowe, December 23, 1998, A.G. Op. #98-0774.

The statute does not prohibit a board of aldermen from hiring the son of the mayor as a laborer who works with the gas system and the water and sewer systems. Gifford, February 26, 1999, A.G. Op. #99-0093.

The board of aldermen of a code charter municipality may appoint the nephew of the wife of the mayor to the position of Maintenance Manger and Utility Supervisor. Hedgepeth, June 11, 1999, A.G. Op. #99-0285.

The mayor and aldermen of a city may appoint the son of the fire chief as a firefighter in the municipal fire department. Mitchell, August 27, 1999, A.G. Op. #99-0456.

The statute prohibits a sheriff from hiring his sister-in-law to one of the five specifically listed positions; however, the statute does not prohibit a sheriff from hiring his sister-in-law to a position that is not specifically listed. Callahan, Jan. 7, 2000, A.G. Op. #99-0704.

The appointment of the stepdaughter of an alderman to the position of secretary would be in violation of the statute. Mitchell, Feb. 25, 2000, A.G. Op. #2000-0079.

A board of supervisors may terminate an employee for any reason, including violation of the nepotism statute, that is consistent with constitutional law; the action of the board should be simply to terminate a person whose employment violates the nepotism statute (unless, of course, the employee comes within the grandfather provisions of Section 25-1-53). Holmes, April 7, 2000, A.G. Op. #2000-0152.

The statute does not prohibit the board of supervisors from hiring the son of a supervisor as an E-911 Coordinator, Emergency Management Coordinator, and Fire Coordinator of the county. Hallman, May 5, 2000, A.G. Op. #2000-0233.

It would not constitute a violation of the statute for the superintendent to recommend his spouse for a position as a secretary with the same school district. Wyly, May 12, 2000, A.G. Op. #2000-0216.

An applicant for a position in the accounting department is not prohibited from being employed by the county board of supervisors as long as the employee is not a purchasing clerk, receiving clerk, or inventory clerk. Smith, Oct. 20, 2000, A.G. Op. #2000-0606.

A town may hire the brother-in-law and son-in-law of an alderman as regular police officers. LeSure, Oct. 27, 2000, A.G. Op. #2000-0631.

The statute does not prohibit the hiring of a mayor’s cousin to serve in the position of town clerk. Youngman, Feb. 23, 2001, A.G. Op. #2001-0014.

The statute does not apply to computer support personnel and, therefore, did not prohibit a county board of supervisors from hiring two individuals as computer support personnel, one of whom was married to a county supervisor. Griffith, Mar. 16, 2001, A.G. Op. #01-0127.

The sheriff, rather than the board of supervisors, is responsible for the actual employment of deputies and, therefore, the employment by a sheriff of a deputy who is the son of the predecessor sheriff and the son-in-law of a member of the board of supervisors does not present a violation of the statute. Shaw, Jan. 25, 2002, A.G. Op. #02-0016.

Employment by the sheriff of an auxiliary deputy sheriff who is the son of a member of the board of supervisors does not violate the statute. Shaw, Jan. 24, 2002, A.G. Op. #02-0017.

The governing authorities of a town are not prohibited from hiring the son of an alderman as a police officer who is not the chief. Hatcher, Mar. 22, 2002, A.G. Op. #02-0126.

One sister of a county tax collector could retain her job in the tax collector’s office after the county tax collector retired, even if another sister of the county tax collector was elected to that position; however, she could not be subsequently transferred or promoted to another prohibited position if the other sister became the tax collector. Andrzejewski, May 3, 2002, A.G. Op. #02-0229.

A district attorney may hire his nephew to work in his office as a domestic violence investigator. Bowen, July 15, 2002, A.G. Op. #02-0333.

A person in an employing or appointing authority may not hire his or her niece as an officer, clerk, stenographer, deputy or assistant if the niece is to be paid out of public funds. Sigalas, Dec. 20, 2002, A.G. Op. #02-0739.

Employment of the brother of a member of the board of trustees of a regional medical center as a security guard does not violate the nepotism statute. Williamson, Sept. 27, 2002, A.G. Op. #02-0545.

In a situation in which an employee and appointing authority are not related when the employment relationship begins, but become related through marriage afterwards, the statute prohibiting nepotism is not applicable. Keating, Oct. 11, 2002, A.G. Op. #02-0580.

The nepotism statute prohibits the governing authorities of a city from reappointing the brother-in-law of the newly elected mayor to a new term as a commissioner of the housing authority. Rushing, Jan. 3, 2003, A.G. Op. #02-0759.

Section 25-1-53 would not bar the father from continued employment by the board of supervisors if his son is subsequently elected to the position of supervisor. Torrey, Feb. 14, 2003, A.G. Op. #03-0023.

Hiring of the spouse of the Chief Engineer of the Mississippi Department of Transportation as an engineer in the Office of State Aid Road construction does not create a violation of the nepotism statute. James, Feb. 7, 2003, A.G. Op. #03-0052.

The board of aldermen of a town may hire the grandson-in-law of the mayor as the municipal attorney. Fielding, Jan. 24, 2003, A.G. Op. #03-0019.

There would be no violation of the nepotism statute if the brother-in-law of the mayor appointed as a commissioner of the Housing Authority waives all salary, compensation and expenses. Rushing, Apr. 7, 2003, A.G. Op. #03-0040.

An individual appointed to serve on the board of a municipal separate school district pursuant to Section 37-7-203 is considered an officer of the municipality, and the nepotism statute prohibits the hiring of an individual related within the third degree to a member of the appointing authority to one of five specific positions including “officer.” Ponthieux, Apr. 11, 2003, A.G. Op. 03-0167.

It is the act of appointment of a disqualified person that is the violation of the nepotism statute. Ponthieux, Apr. 11, 2003, A.G. Op. 03-0167.

Section 25-1-55 renders the appointing authority liable for all amounts paid to a person appointed in violation of the nepotism statute. Ponthieux, Apr. 11, 2003, A.G. Op. 03-0167.

Since it is the board of supervisors that hires the deputy justice court clerks and not the justice court judges, there is no prohibition to a county hiring the daughter-in-law of a justice court judge to be a deputy justice court clerk. Fortier and Babb, May 16, 2003, A.G. Op. 03-0216.

It would violate the nepotism statute for an individual to be appointed to a county development commission by a county board of supervisors whose membership includes the individual’s step-uncle. Allen, July 18, 2003, A.G. Op. 03-0340.

County tax collector’s employment of her husband as a part time mobile home inspector would violate the nepotism statute. Creekmore, July 25, 2003, A.G. Op. 03-0379.

The nepotism statute applies to a recreation authority created by an interlocal cooperation agreement between a city and county. Turnage, July 25, 2003, A.G. Op. 03-0382.

A board of aldermen is prohibited by the nepotism statute from appointing a sister of a board member as the city clerk of a code charter municipality. Crosthwait, Aug. 8, 2003, A.G. Op. 03-0416.

A board of aldermen is not prohibited by the nepotism statute from appointing the niece of the city marshall as the city clerk of a code charter municipality. Crosthwait, Aug. 8, 2003, A.G. Op. 03-0416.

A violation of the nepotism statute would occur if the individual currently serving as deputy clerk were promoted to the position of city clerk while her sister is a member of the board of aldermen, and this would be so regardless of whether the sister recuses herself from any votes on the question. Moore, Aug. 29, 2003, A.G. Op. 03-0469.

The appointment of the nephew of a member of the City Council to the position of airport director does not violate the nepotism statute. Alexander, Feb. 2, 2004, A.G. Op. 04-0021.

The appointment of the husband of an Alderman’s niece to the position of school board trustee would violate the nepotism statute. Should the school board member agree to serve without compensation, the violation would be avoided. Ainsworth, Feb 2, 2004, A.G. Op. 04-0022.

The appointment of an individual whose spouse is a nurse at a county nursing home would not result in a violation of this section. Bowman, Feb. 27, 2004, A.G. Op. 04-0071.

There is no conflict between this section and §25-4-105. The prohibitions contained therein are cumulative and individuals must comply with both statutes. Bowman, Feb. 27, 2004, A.G. Op. 04-0071.

For purposes of the nepotism statute, the circuit clerk is the is the appointing authority of a deputy who is being paid by the board of supervisors. Dulaney, Aug. 27, 2004, A.G. Op. 04-0413.

County hospital’s hiring as a receptionist an individual whose husband is the grandson of a hospital trustee would not violate the nepotism statute. Stark, July 29, 2005, A.G. Op. 05-0364.

In order to avoid a violation of the nepotism statute, a school board member must not only waive the per diem, but must also waive reimbursement for expenses and travel which is otherwise available to members for travel to board meetings and any training sessions or regional or national education meetings. Donovan, Oct. 14, 2005, A.G. Op. 05-0427.

A school board member who has waived compensation in order to avoid a violation of the nepotism statute is in no position to designate the distribution of those funds or to donate those funds to any organization. Donovan, Oct. 14, 2005, A.G. Op. 05-0427.

The hiring of a sister of a member of the board of supervisors by the sheriff would not violate Section 25-1-53. Shepard, Dec. 27, 2005, A.G. Op. 05-0614.

A judge may not lawfully appoint his or her brother to the position of court administrator. Lewis, Mar. 30, 2006, A.G. Op. 06-0064.

There is no violation of the nepotism statute if the board of aldermen employs the mayor’s son as the town’s water operator or wastewater operator. Todd, July 25, 2006, A.G. Op. 06-0294.

A coroner may not appoint his brother as a deputy coroner. Hampton, Aug. 7, 2006, A.G. Op. 06-0345.

A full-time firefighter, like all other municipal officers and employees, is prohibited from being a commissioner of the municipal housing authority under Miss. Code Ann. §43-33-7. The appointment of a spouse of a member of the board of aldermen as a commissioner of the municipal housing authority violates the Nepotism Statute, Miss. Code Ann. §25-1-53, except that a person serving as commissioner prior to election of their spouse to the board of aldermen may be reappointed. Tucker, March 15, 2007, A.G. Op. #07-00130, 2007 Miss. AG LEXIS 103.

Subject to the Mississippi Nepotism Statute, Miss. Code Ann. §25-1-53, an individual may not be subsequently transferred or promoted to another prohibited position after a relative within the third degree becomes the hiring authority. Hathorn, March 9, 2007, A.G. Op. #07-00129, 2007 Miss. AG LEXIS 96.

RESEARCH REFERENCES

ALR.

Validity, construction, and effect of state constitutional or statutory provision regarding nepotism in the public service. 11 A.L.R.4th 826.

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees § 99.

CJS.

67 C.J.S., Officers § 31, 32.

JUDICIAL DECISIONS

1. In general.

Insurance commissioner’s appointment of disqualified person as deputy fire marshal would constitute “misfeasance;” hence, Attorney-General, not Auditor, was proper party to sue commissioner to recover payments to disqualified person. White v. Lowry, 162 Miss. 751, 139 So. 874, 1932 Miss. LEXIS 164 (Miss. 1932).

Cross References —

Quo warranto to test right to office, see §11-39-5.

Removal of public officers from office, generally, see §25-5-1.

Resignation of officer in order to evade obedience to lawful order of superior, see §97-11-39.

Cross References —

Power of Governor to suspend defaulting officials, see Miss. Const. Art. 5, § 125.

Authority of Legislature to empower Governor to remove and appoint officers in counties or municipal corporations, see Miss. Const. Art. 5, § 139.

Powers of Governor to make appointments and fill vacancies, see §7-1-5.

Procedure by which appointments are made by governor, see §7-1-35.

Appointment of pro tempore court officers, see §9-1-27.

Vacancy by removal of alderman or mayor, see §21-3-11.

Suspension of tax collector for failure to report, see §27-29-25.

JUDICIAL DECISIONS

1. In general.

Neither the circuit court nor the Supreme Court had the authority to consider a county supervisor’s attempted appeal from an order of the board of supervisors finding that he had removed himself from his district and declaring his office vacant under the authority of §25-1-59, where the supervisor filed a notice of appeal to the circuit court but failed to file a bill of exceptions as required by §11-51-75. Moore v. Sanders, 569 So. 2d 1148, 1990 Miss. LEXIS 445 (Miss. 1990).

Successful candidate for county school superintendent having, subsequent to election, married a man who was not a resident of the State and having removed therefrom was not an “inhabitant” of State and was, therefore, disqualified to hold office. Weisinger v. McGehee, 160 Miss. 424, 134 So. 148, 1931 Miss. LEXIS 186 (Miss. 1931).

OPINIONS OF THE ATTORNEY GENERAL

By virtue of statute, alderman who removes himself from district (ward) from which he was elected by moving to new home in another ward, vacates his office. Belk, March 15, 1990, A.G. Op. #90-0178.

If, as matter of fact, official in question has removed himself to another state, his office became vacant and he relinquished all rights to compensation as of date of said removal. Walman, Sept. 19, 1990, A.G. Op. #90-0707.

The Municipal Election Commission has the responsibility of making the factual determination as to whether a qualified elector has abandoned the municipality as his place of residence or whether he is only temporarily away from his residence. Thomas, Feb. 4, 1992, A.G. Op. #92-0015.

A candidate for appellate judge must be resident of district for office being sought. Harvey Aug. 25, 1993, A.G. Op. #93-0572.

Member of municipal civil service commission who moves outside corporate limits of municipality he was appointed to serve vacates his office. Schissel Nov. 24, 1993, A.G. Op. #93-0848.

Justice court judges and candidates for the office of justice court judge must be lawful residents of the district they serve or seek to serve. Bates, February 8, 1995, A.G. Op. #95-0060.

If a board of supervisors makes the determination that a justice court judge has, as a matter of fact, established his residence outside the district he was elected to serve, the vacancy would be filled in accordance with Section 25-1-59. If the vacancy occurs in the last year of a term, a person appointed to fill a vacancy in accordance with the above cited statute would serve the remainder of the term or until the first Monday in January, of the next year. Bates, February 8, 1995, A.G. Op. #95-0060.

Upon a determination by the board of aldermen that one of its members has moved outside the corporate limits of the municipality he or she was elected to serve as opposed to temporarily living outside the municipality, the office becomes vacant by operation of law and the vacancy must be filled in accordance with the provisions of §23-15-857. Morgan, Oct. 4, 2002, A.G. Op. #02-0576.

The question of whether an official has “removed” out of the jurisdiction for which he was elected or appointed is one of fact. The municipal governing board has the responsibility to make the factual determination as to whether an officer has abandoned the municipality as his place of residence or whether he is only temporarily away from his residence. Tanner, Aug. 20, 2003, A.G. Op. 03-0441.

Whether a municipal officer has “removed” out of the jurisdiction he was elected to serve is a question of fact to be determined by the municipal governing authorities, subject to judicial review. Carouthers, Jan. 6, 2005, A.G. Op. 05-0633.

If a board of aldermen determines, consistent with the facts, that a member is no longer a resident of the ward he was elected to serve and is not merely temporarily residing outside his ward but has abandoned same, a vacancy would have to be declared and a special election set in accordance with Section 23-15-857. Skellie, Aug. 18, 2006, A.G. Op. 06-0377.

RESEARCH REFERENCES

ALR.

Assertion of immunity as ground for removing or discharging public officer or employee. 44 A.L.R.2d 789.

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 136 et seq.

CJS.

67 C.J.S., Officers §§ 154–186, 224 et seq.

Cross References —

County residency requirement for member of house of representatives, see Miss. Const. Art. 4, § 41.

Residency requirements for judges, see §9-1-23.

County in which action against public officer may be brought, see §11-11-3.

Qualifications for offices of mayor and alderman, see §21-3-9.

JUDICIAL DECISIONS

1. In general.

Claim by a candidate for county supervisor that as an employee of the State of Mississippi he was entitled to claim residency in the county was not supported by Miss. Code Ann. §25-1-61 because the candidate was merely employed by the state and was not a state officer or official. Young v. Stevens, 968 So. 2d 1260, 2007 Miss. LEXIS 347 (Miss. 2007).

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Domicil § 38.

63A Am. Jur. 2d, Public Officers and Employees §§ 60-62.

CJS.

67 C.J.S., Officers § 35.

Cross References —

Suspension of State Treasurers and tax collectors in default, see §7-1-57.

Reports of State Treasurer to Governor respecting public finances, see §7-9-49.

Hearing in circuit court on motions against court officers for money collected and not paid over, see §9-7-89.

Suspension of tax collector for default, see §27-29-25.

JUDICIAL DECISIONS

1. In general.

Attorney general was not liable to contractor for work in repairing old Capitol for instituting suit at the request of two members of the capitol commission to enjoin the contractors from doing the work, whether or not the attorney general acted wilfully or maliciously. Semmes v. Collins, 120 Miss. 265, 82 So. 145, 1919 Miss. LEXIS 85 (Miss. 1919).

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

Cross References —

Procedure when officer holding property under execution dies before sale is made, see §13-3-177.

Seizure of property upon refusal of representative of deceased officer to deliver, see §13-3-179.

Duty of executor or administrator to pay debts of estate generally, see §91-7-155.

Penalty for conversion of public funds held in trust by public officer or personal representative, see §97-11-25.

JUDICIAL DECISIONS

1. In general.

Interest on moneys deposited by the treasurer of a board of levee commissioners comes into his hands by virtue of his office and he and the sureties on his bond are liable therefor. Adams v. Williams, 97 Miss. 113, 52 So. 865, 1910 Miss. LEXIS 283 (Miss. 1910).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 341, 402, 420.

CJS.

67 C.J.S., Officers §§ 259-269.

Cross References —

Remedy against officer failing to account for fines, penalties or forfeitures collected by him, see §§11-7-219,99-19-67.

Penalty for loan or removal of state funds by public officer, see §27-105-27.

JUDICIAL DECISIONS

1. In general.

Funds deposited by the sheriff of the county in his official account are public funds. Coahoma County v. Mississippi Fire Ins. Co., 68 F.2d 489, 1934 U.S. App. LEXIS 4886 (5th Cir. Miss. 1934).

OPINIONS OF THE ATTORNEY GENERAL

Electronic transfers to out-of-state banks for investment purposes are not prohibited by Section 25-1-69 so long as such funds are credited as being on deposit with a qualified county depository and are secured as provided by law. James, August 16, 1996, A.G. Op. #96-0503.

Cross References —

Prohibition against payment or receipt of money by state treasurer, except upon warrant or certificate, see §7-9-13.

State depositories, see §§27-105-1 et seq.

Depositories for local governments, see §§27-105-301 et seq.

JUDICIAL DECISIONS

1. In general.

2. Public funds, what are.

3. Funds protected—generally.

4. —Effect of giving bond or security.

5. Funds not protected.

6. Bank guaranty fund.

7. Liability—generally.

8. —For interest on deposited funds.

9. Priority.

1. In general.

This statute does not in effect prohibit and make unlawful deposits of sheriffs and tax collectors in current accounts in banks, so as to render the trust fund doctrine inapplicable upon the bank’s insolvency, but merely undertakes to, and does, as to state banks, effect a preference for this kind of public deposits in liquidation proceedings by charging all the assets of the bank with a general preferential lien. Webster v. United States Fidelity & Guaranty Co., 71 F.2d 475, 1934 U.S. App. LEXIS 3120 (5th Cir. Miss. 1934).

This statute cannot be applied to create a preference in the liquidation of a national bank. Webster v. United States Fidelity & Guaranty Co., 71 F.2d 475, 1934 U.S. App. LEXIS 3120 (5th Cir. Miss. 1934).

So far as this statute is construed to establish a general preference against the assets of a failed bank irrespective of the tracing of funds which never belonged to the bank, it is in conflict with a Federal statute and cannot be applied to a failed national bank. Gulley v. Wisdom, 69 F.2d 495, 1934 U.S. App. LEXIS 3585 (5th Cir. Miss. 1934).

The depository law (Act of 1908 ch 96, as amended by Laws 1910 ch 224), when put into operation supersedes and annuls Code 1906, § 3485, and to that extent supersedes such section. Bank of Commerce v. Clark, 114 Miss. 850, 75 So. 595, 1917 Miss. LEXIS 91 (Miss. 1917).

This section is in derogation of common right and is to be strictly construed. Potter v. Fidelity & Deposit Co., 101 Miss. 823, 58 So. 713, 1911 Miss. LEXIS 180 (Miss. 1911); United States Fidelity & Guaranty Co. v. First State Bank, 103 Miss. 91, 60 So. 47, 1912 Miss. LEXIS 141 (Miss. 1912).

2. Public funds, what are.

So called revolving funds of the county on deposit with county depository were not private funds and were within the protective purview of this section. United States Fidelity & Guaranty Co. v. Sunflower County, 194 Miss. 680, 12 So. 2d 142, 1943 Miss. LEXIS 61 (Miss. 1943).

While drainage district funds on deposit with county depository bank were not “county funds,” they nevertheless were public funds within the purview of this section. United States Fidelity & Guaranty Co. v. Sunflower County, 194 Miss. 680, 12 So. 2d 142, 1943 Miss. LEXIS 61 (Miss. 1943).

The funds of a bank in liquidation deposited or loaned by the superintendent of banks in charge of such bank in liquidation to another bank in liquidation were not public funds within the purview of this section, giving preference to public funds, because the funds involved were not funds of the government, but funds held by a state officer in administering the liquidation of a bank for the benefit of depositors and creditors. United States Fidelity & Guaranty Co. v. State, 186 Miss. 1, 188 So. 911, 1939 Miss. LEXIS 214 (Miss. 1939).

Funds deposited by the sheriff of the county in his official account are public funds. Coahoma County v. Mississippi Fire Ins. Co., 68 F.2d 489, 1934 U.S. App. LEXIS 4886 (5th Cir. Miss. 1934).

3. Funds protected—generally.

Under Laws 1910, ch. 138 §§ 1 and 2 and ch. 137, although an order was duly adopted by the municipal authorities making it depository, where in lieu of the bond of the surety company the bank furnished a personal bond signed by individual sureties, it did not become a legal depository, and the city, the bank being in process of liquidation, had the right to proceed under this section (Code 1906, § 3485). Bank of Commerce v. Gulfport, 117 Miss. 591, 78 So. 519, 1918 Miss. LEXIS 201 (Miss. 1918).

Funds deposited by a tax collector in a bank are trust funds and must be so dealt with in case of an assignment for the benefit of creditors as to pay the tax collector in full in preference to other creditors. Fogg v. Hebdon, 80 Miss. 750, 32 So. 285 (Miss. 1902).

4. —Effect of giving bond or security.

Where depository had given county a number of drainage bonds, which it owned, as security for additional funds of the county, and at time depository closed its doors, there was money on deposit in excess of that secured by surety bonds, county was entitled to credit proceeds of drainage bonds against deposited funds, and where such application did not fully reimburse the county, the surety companies could not recover from county on an agreement under which they were to receive the balance of such proceeds after payment to the county of the difference between the face amount of the surety bonds and the public funds covered thereby. United States Fidelity & Guaranty Co. v. Sunflower County, 194 Miss. 680, 12 So. 2d 142, 1943 Miss. LEXIS 61 (Miss. 1943).

The fact that a tax collector accepted a private bond to secure a deposit made by him of the public funds in a bank would not affect the status of the deposit as fixed and defined by this section (Code 1906, § 3485). Bank of Commerce v. Clark, 114 Miss. 850, 75 So. 595, 1917 Miss. LEXIS 91 (Miss. 1917).

Where a board of supervisors elected a depository of county funds there being then on deposit less than 90% of the amount of the security, and afterwards the board permitted the depository to have a greater amount of public funds than the security, Code 1906, § 3485, applied to such excess, though not to the funds secured. Powell v. Board of Sup'rs, 107 Miss. 410, 65 So. 499, 1914 Miss. LEXIS 98 (Miss. 1914).

5. Funds not protected.

Funds of board of drainage commissioners deposited in a bank are not within the protection of this section, such board not being within the meaning of the word “municipal.” United States Fidelity & Guaranty Co. v. First State Bank, 103 Miss. 91, 60 So. 47, 1912 Miss. LEXIS 141 (Miss. 1912).

Moneys placed by the state in a bank as a depository under laws of 1908, ch. 96 are not trust funds within the meaning of this section. Potter v. Fidelity & Deposit Co., 101 Miss. 823, 58 So. 713, 1911 Miss. LEXIS 180 (Miss. 1911).

6. Bank guaranty fund.

State funds deposited in bank which has not qualified as depository protected by guaranty fund. Love v. Murry, 135 Miss. 749, 100 So. 277, 1924 Miss. LEXIS 88 (Miss. 1924).

State Banking Department making payments to city after failure of municipal depository held subrogated to rights of city against depository bond and sureties. Perkins v. State, 130 Miss. 512, 94 So. 460, 1922 Miss. LEXIS 229 (Miss. 1922).

7. Liability—generally.

All assets of bank are liable for prior payment thereof, and it is unnecessary that the trust funds, either in original or transmuted form, be pointed out; it being necessary only to show that the funds went into bank. Pearl River County v. Merchants Bank & Trust Co., 168 Miss. 612, 151 So. 756, 1934 Miss. LEXIS 355 (Miss. 1934).

8. —For interest on deposited funds.

Bank not qualifying as public depository, accepting county funds, was trustee and accountable for interest. Sunflower County v. Bank of Drew, 139 Miss. 408, 104 So. 355, 1925 Miss. LEXIS 173 (Miss. 1925).

Even though the treasurer of a board of commissioners of the Levee District is an insurer of public moneys received by him, he is not entitled to retain interest thereon. Adams v. Williams, 97 Miss. 113, 52 So. 865, 1910 Miss. LEXIS 283 (Miss. 1910).

9. Priority.

Where county depository, receiving for collection school warrants belonging to county, forwarded warrants to State depository for collection, and State depository, on day before it closed for unrestricted business, received State’s check for the warrants, charged amount to State’s unsecured deposit, credited county depository therewith, and mailed notice of collection and credit to county depository too late for latter to obtain cash, county held entitled to preference out of State depository’s assets. Pearl River County v. Merchants Bank & Trust Co., 168 Miss. 612, 151 So. 756, 1934 Miss. LEXIS 355 (Miss. 1934).

Where State depository had no security pledged as to certain State deposit, such deposit was trust fund for which State would be entitled to preference out of assets of bank upon its liquidation. Pearl River County v. Merchants Bank & Trust Co., 168 Miss. 612, 151 So. 756, 1934 Miss. LEXIS 355 (Miss. 1934).

Municipality is entitled to priority of payment of its claim out of the assets of the bank. Wardlaw v. Planters' Bank of Clarksdale, 131 Miss. 93, 95 So. 135, 1922 Miss. LEXIS 295 (Miss. 1922).

Bank redepositing county funds not entitled to priority of payment by insolvent bank in which funds deposited. Wardlaw v. Planters' Bank of Clarksdale, 131 Miss. 93, 95 So. 135, 1922 Miss. LEXIS 295 (Miss. 1922).

County’s claim for deposits in bank at time of bank’s failure is superior to that of a depositor to whom bank had issued bills of exchange on bank in another city. Jourdan v. Bennett, 119 Miss. 576, 81 So. 239, 1919 Miss. LEXIS 34 (Miss. 1919).

A levee board upon the failure of a bank which had complied with the statutes was entitled to priority of payment from its receiver. Board of Levee Comm'rs v. Powell, 109 Miss. 415, 69 So. 215, 1915 Miss. LEXIS 172 (Miss. 1915).

This section is in derogation of the common law in giving priority to the state over general creditors, and must be strictly construed. Potter v. Fidelity & Deposit Co., 101 Miss. 823, 58 So. 713, 1911 Miss. LEXIS 180 (Miss. 1911).

The statute was intended to provide for the security of public funds; as against general creditors it makes all the assets of the bank liable for the prior payment of such trust funds. Commercial Bank of Brookhaven v. Hardy, 97 Miss. 755, 53 So. 395, 1910 Miss. LEXIS 296 (Miss. 1910).

Under this section, public moneys deposited by a sheriff have priority of payment on an assignment for the benefit of creditors. Metcalfe v. Merchants' & Planters' Bank, 89 Miss. 649, 41 So. 377, 1906 Miss. LEXIS 40 (Miss. 1906).

RESEARCH REFERENCES

ALR.

Liability of public officer for interest or other earnings received on public money in his possession. 5 A.L.R.2d 257.

Liability of clerk of court, county clerk or prothonotary, or surety on bond, for negligent or wrongful acts of deputies or assistants. 71 A.L.R.2d 1140.

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 341, 402, 420.

CJS.

67 C.J.S., Officers §§ 259-269.

Editor’s Notes —

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

Remedy against clerk of the justice court for money, fines, or penalties withheld, see §9-11-23.

Duties of circuit court clerks respecting collection of fines, penalties, and forfeitures assessed by court, see §§11-7-217,99-19-65.

Liability of State Tax Commission for costs in suits for use of state, county, or municipality, see §27-3-33.

JUDICIAL DECISIONS

1. In general.

2. Duty to turn over funds or property.

3. Liability.

1. In general.

This section is penal in nature and cannot be extended by construction. Gully v. White, 167 Miss. 691, 146 So. 852, 1933 Miss. LEXIS 90 (Miss. 1933).

2. Duty to turn over funds or property.

It is the duty of the state tax collector, on expiration of his term of office, to pay into the state treasury the balance remaining of all commissions collected by him during the term, after deducting therefrom his office expenses, including his own salary, whether the commissions were collected in the proper performance of his duties or otherwise, and when so paid into the treasury this money becomes part of the state’s general fund. City of Biloxi v. Gully, 182 Miss. 723, 180 So. 821, 1938 Miss. LEXIS 160 (Miss. 1938).

State Tax Collector could not pay commissions into treasury conditionally, and attempts to do so were not of legal efficacy so that such commissions became part of State’s general fund. City of Biloxi v. Gully, 182 Miss. 723, 180 So. 821, 1938 Miss. LEXIS 160 (Miss. 1938).

3. Liability.

Under this section, with respect to an action against county board of supervisors by the state to collect a municipality’s alleged proportionate share of ad valorem road taxes because it worked its own streets, the members of the board of supervisors, for the expense of collecting, would be limited to faults flowing from ministerial or non-discretionary duties, and not in matters where the board has a legal discretion, or judicial or quasi-judicial powers. State use of Aberdeen v. Board of Supervisors, 188 Miss. 636, 196 So. 253, 1940 Miss. LEXIS 73 (Miss. 1940).

In an action against a sheriff and the surety on his official bond to recover moneys received by the sheriff from the county treasury for various services rendered by such sheriff to the county as sheriff in excess of what the governing statutes permitted, the surety was not liable on the bond for such moneys where they did not come into the sheriff’s hands by virtue of his office, properly or otherwise. United States Fidelity & Guaranty Co. v. Rice, 184 Miss. 443, 185 So. 563, 186 So. 620, 1939 Miss. LEXIS 25 (Miss. 1939).

State Tax Collector and bondsman held not liable for commissions paid to treasury at expiration of term, although commissions were unlawfully paid Collector and demand made on him for repayment while still under his control. City of Biloxi v. Gully, 182 Miss. 723, 180 So. 821, 1938 Miss. LEXIS 160 (Miss. 1938).

City held not entitled to recover from State Tax Collector amount paid by city for audit of its books in order to obtain data upon which to institute suit against Collector for commissions unlawfully paid to him. Gully v. Biloxi, 177 Miss. 782, 171 So. 698, 1937 Miss. LEXIS 148 (Miss. 1937).

State Tax Collector held not personally liable to city for commissions paid to collector by virtue of his office and paid by collector to State Treasurer, even though the commissions were unlawfully paid to collector. Gully v. Biloxi, 177 Miss. 782, 171 So. 698, 1937 Miss. LEXIS 148 (Miss. 1937).

State auditor withholding from the treasury tax money paid under protest and subsequently refunding it, was not liable for tax collector’s commission, since the money did not rightfully belong to the state; nor was the deputy collector entitled to commission on such money, since he had no vested right to a commission on the mere fact that he discovered that money had been collected and should be paid into the proper treasury. Gully v. White, 167 Miss. 691, 146 So. 852, 1933 Miss. LEXIS 90 (Miss. 1933).

This section, being a general statute dealing with all public officers, is inapplicable in determining whether county could recover from insolvent county depository fees for attorney employed to collect deposits due county, since county depositories are the subject of special legislation. Winston County v. Louisville Home Bank, 164 Miss. 64, 143 So. 884, 1932 Miss. LEXIS 229 (Miss. 1932).

Bank having on deposit tax collections cannot escape penalty for failure to account for interest by commingling funds so that tax collections cannot be determined. Bank of Indianola v. Miller, 147 Miss. 695, 112 So. 877, 1927 Miss. LEXIS 321 (Miss. 1927), writ of error dismissed, 276 U.S. 605, 48 S. Ct. 337, 72 L. Ed. 727, 1928 U.S. LEXIS 140 (U.S. 1928).

OPINIONS OF THE ATTORNEY GENERAL

Planning and Development Districts are either public entities or instrumentalities of political subdivisions of the state and, as such, are subject to audit by the State Auditor. McLeod, Nov. 26, 2003, A.G. Op. 03-0573.

RESEARCH REFERENCES

ALR.

Liability of clerk of court, county clerk or prothonotary, or surety on bond, for negligent or wrongful acts of deputies or assistants. 71 A.L.R.2d 1140.

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 341, 402, 420.

CJS.

67 C.J.S., Officers §§ 259-269.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Editor’s Notes —

Laws of 2014, ch. 534, § 10 provides:

“SECTION 10. This act shall take effect and be in force from and after July 1, 2014; however, Sections 4 through 8 of this act shall take effect and be in force from and after the passage of this act.”

Amendment Notes —

The 2014 amendment substituted “2014” for “2012” and “2015” for “2013” and added the last two sentences.

The 2017 amendment substituted “July 1, 2017, through June 30, 2018” for “July 1, 2014, through June 30, 2015” in (2); added “and for which no state…expended or used” at the end of (4)(b); and added (4)(c).

Amendment Notes —

The 2006 amendment deleted “beyond the confines of the state” following “employee traveling” in the next-to-last sentence.

Cross References —

Exemption of state-owned automobiles from motor vehicle safety and responsibility provisions, see §63-15-5.

RESEARCH REFERENCES

ALR.

What is “motor vehicle” or the like within statute waiving governmental immunity as to operation of such vehicles. 77 A.L.R.2d 945.

Amendment Notes —

The 2006 amendment substituted “Department of Finance and Administration” for “auditor of public accounts” throughout the section; in the next-to-last sentence, inserted “Bureau of Fleet Management and” following “rendering its annual report to the”; added “and any other information requested by the Bureau of Fleet Management” at the end of the last sentence; and made a minor stylistic change.

Cross References —

Exemption of state-owned automobiles from motor vehicle safety-responsibility provisions, see §63-15-5.

OPINIONS OF THE ATTORNEY GENERAL

The Executive Director of the Mississippi Department of Transportation lacks authority to delegate approval of out of state travel requests. Brown, May 10, 2002, A.G. Op. #02-0242.

Editor’s Notes —

Former §25-1-85 provided for the number of passenger vehicles that could be purchased, owned, and operated by state departments, agencies, or institutions.

Joint Legislative Committee Note —

Section 3 of ch. 516, Laws of 2000, effective from and after its passage (approved April 30, 2000), amended this section. Section 1 of ch. 588, Laws of 2000, effective from and after July 1, 2000, also amended this section. As set out above, this section reflects the language of Section 1 of ch. 588, Laws of 2000, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer whenever they appear.

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Section 43-23-1 referred to in this section was repealed by Laws, 1999, ch. 432, § 2, eff from and after May 28, 1999, the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965.

Section 49-1-4 provides that the term “Department of Wildlife Conservation” shall mean the Department of Wildlife, Fisheries and Parks.

Section 57-1-54 provides that the term “Mississippi Department of Economic Development” appears in any law the same shall mean the Department of Economic and Community Development.

Laws of 1989, ch. 524, § 36, provides as follows:

“SECTION 36. The repeal or amendment of this act shall not reduce the terms of any tax reduction, special tax incentive or financial assistance agreed upon pursuant to official action by the Department of Economic Development, the State Tax Commission or other appropriate agency of the state or political subdivision thereof prior to the effective date of such repeal or amendment.”

Laws of 1999, ch. 432, § 1, provides that:

“SECTION 1. From and after the date Laws, 1999, ch. 432, is effectuated under Section 5 of the Voting Rights Act of 1965, all family courts are abolished. All matters pending in any family court abolished shall be transferred to the county court of the county wherein the family court was located without the necessity for any motion or order of court for such transfer.”

Cross References —

Joint legislative committee on performance evaluation and expenditure review, see §§5-3-51 through5-3-69.

Reports concerning state-owned automobiles, see §25-1-81.

Regulations governing the purchase of unmarked vehicles to be used by the Bureau of Narcotics and Department of Public Safety, see §31-7-9.

Police vehicles to be marked with blue lights, except as provided in this section, see §63-7-19.

Exemption of state-owned automobiles from motor vehicle safety-responsibility provisions, see §63-15-5.

OPINIONS OF THE ATTORNEY GENERAL

Municipalities may mark vehicles which are leased with permanent decal or design in lieu of paint; however, decal must be permanent and may not be decal which may be easily removed on temporary basis. Denton Oct. 6, 1993, A.G. Op. #93-0590.

Under Section 25-1-87, if the governing authorities of a municipality find and spread on the minutes that identifying marks on a particular police vehicle would hinder official criminal investigations by the police, then they may authorize that vehicle to be unmarked, subject to review by the State Auditor. However, this statute does not contemplate an unmarked vehicle being used for other than police purposes. Jones, June 28, 1995, A.G. Op. #95-0351.

An economic development district, not being an economic development authority, is subject to the purchase laws of the State of Mississippi; trustees of a development district control funds collected for support of the district and may upon a majority vote approve properly submitted bills for payment; funds must be placed in the county depository at which the development district may have its own separate account; and there is no authority for a development district to provide meals for its appointed trustees at their meetings. Munn, January 9, 1998, A.G. Op. #97-0816.

Governmental vehicles are required to have rear markings, whether by paint or decal, regardless of side markings. Bryant, March 6, 1998, A.G. Op. #98-0074.

A municipal mayor may not use an unmarked police vehicle to travel outside the municipality and around the state on municipal business. Griffin, Nov. 5, 1999, A.G. Op. #99-0584.

Municipal governing authorities do not have authority to assign an unmarked police car to a mayor for use in performing duties for the municipality, as this section makes apparent that unmarked police cars must be used for police purposes. Gregory, Oct. 18, 2002, A.G. Op. #02-0575.

Unless a specific police vehicle is designated as unmarked by the governing authority of a municipality, it must be marked in accordance with Miss. Code Ann. §25-1-87. Sullivan, March 16, 2007, A.G. Op. #07-00115, 2007 Miss. AG LEXIS 111.

Cross References —

Reports concerning state-owned automobiles, see §25-1-81.

Exemption of state-owned automobiles from motor vehicle safety responsibility provisions, see §63-15-5.

Cross References —

Reports concerning state-owned automobiles, see §25-1-81.

Violation of provisions pertaining to use and markings of Department of Wildlife, Fisheries and Parks vehicles, punishable as provided in this section, see §49-4-35.

Exemption of state-owned automobiles from motor vehicle safety responsibility provisions, see §63-15-5.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Cross References —

Reports concerning state-owned automobiles, see §25-1-81.

Exemption of state-owned automobiles from motor vehicle safety responsibility provisions, see §63-15-5.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Requirements for proper signatures generally, see §1-3-61.

Imposition of standard state assessment in addition to all court imposed fine or other penalties for any misdemeanor or felony violation, see §99-19-73.

Cross References —

Office hours of Secretary of State, see §7-3-3.

For statutory provisions fixing the normal business hours of all state offices, see §25-1-98.

County office hours, generally, see §25-1-99.

OPINIONS OF THE ATTORNEY GENERAL

A governing authority may adopt leave policies which allow extra leave to an employee whose regular day off falls on a holiday. Williams, Feb. 28, 2003, A.G. Op. #03-0735.

RESEARCH REFERENCES

CJS.

67 C.J.S., Officers, §§ 334–340.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Laws of 1998, ch. 574, § 2 provides as follows:

“SECTION 2. It is the intent of the Legislature that citizens of the State of Mississippi who have physical or mental disabilities shall be afforded the opportunity to compete and participate in employment on an equal basis with persons who are not disabled, if the disabled persons are qualified and able to perform the essential functions of the employment positions that are held or sought.”

Cross References —

Applicability of definition of “workday” to provisions on vacation time and sick leave, see §25-3-91.

Military department, see §33-3-3.

National guard, see §§33-7-1 et seq.

Work schedule of members of state parole board, see §47-7-5.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 25-1-98 applies to state employees working on holidays, but not to county employees. Pope, Apr. 14, 1993, A.G. Op. #93-0069.

Cross References —

Office hours of Secretary of State, see §7-3-3.

State office hours, generally, see §§25-1-97,25-1-98.

JUDICIAL DECISIONS

1. In general.

Under this statute, the county superintendent of education is required to keep his office in the courthouse if offices be there provided for him; it is only when an office is not provided in the courthouse that the county board of education has the power to determine where the offices of the county superintendent may be located. Tally v. Board of Supervisors, 307 So. 2d 553, 1975 Miss. LEXIS 1826 (Miss. 1975).

Where the courthouse and the office of the clerk were closed by authority of Code 1942, § 4062 on Saturday, the terminal day for giving an appeal bond from the judgment of the county court, and the clerk was not available in the courthouse on such day for filing and approving the appeal bond, that Saturday would not be counted in determining the 10 days within which an appeal had to be taken. Parkman v. Mississippi State Highway Com., 250 So. 2d 637, 1971 Miss. LEXIS 1188 (Miss. 1971).

Minutes of a board of supervisors are legally signed on the day following that fixed by law, where such day is a holiday. Gordon v. Monroe County, 244 Miss. 849, 147 So. 2d 126, 1962 Miss. LEXIS 515 (Miss. 1962).

A caption of the minutes of a board of supervisors that their meeting was held in the office of the chancery clerk does not import that the session was in fact held at the courthouse. State ex rel. Attorney Gen. v. Harris, 18 So. 123 (Miss. 1895).

OPINIONS OF THE ATTORNEY GENERAL

Statute does not state that Chancery Clerk may only conduct business between hours of 8:00 a.m. and 5:00 p.m. and actions taken by Chancery Clerk outside normal business hours are valid. Chaffin, August 16, 1993, A.G. Op. #93-0345.

Offices of all circuit and chancery clerks and sheriffs must be open from 8:00 a.m. to 5:00 p.m. Monday through Friday; board of supervisors of each county has discretionary authority to provide, by order entered on minutes, that these offices be closed at 12:00 noon on one business day and open until 12:00 noon on Saturday; term “business days” in its ordinary usage and as used in statute means Monday through Friday, therefore, unless board of supervisors adopts order authorizing offices in question to close at 12:00 noon on one business day and requiring that they be open until 12:00 noon on Saturday, offices would be required to be open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excepting, State holidays. Pulliam Dec. 22, 1993, A.G. Op. #93-0978.

Under stated facts, viz., the office of the school superintendent is located upon property owned by the school district, the board of supervisors is neither obligated nor required to pay to the school district any sums therefor. Palmer, July 24, 1998, A.G. Op. #98-0417.

The county board of supervisors has discretion to set the office hours during which the justice court clerk’s offfice is to be open with a clerk present, and to provide for the location of the justice court offices. Reynolds, Nov. 27, 2000, A.G. Op. #2000-0641.

The tax assessor in a county must maintain his main office within the statutory one-half mile of the courthouse if the office is not located within the courthouse itself; however, the tax assessor may also operate satellite offices outside of the statutory one-half mile in order to better serve the county. Richardson, June 28, 2002, A.G. Op. #02-0315.

The county tax assessor’s office must be open for business on all business days from 8:00 a.m. to 5:00 p.m., except when the board of supervisors authorizes it to be closed at 12:00 noon one business day of each week, or all day Saturday of each week, or at 12:00 noon on Saturday and at 12:00 noon on one additional business day of each week. Richardson, June 28, 2002, A.G. Op. #02-0315.

RESEARCH REFERENCES

CJS.

67 C.J.S., Officers, §§ 334–340.

Amendment Notes —

The 2015 amendment added (5).

Cross References —

Mississippi Public Records Act of 1983 generally, see §§25-61-1 et seq.

Exemption of confidential information furnished by third parties from public access requirements, see §25-61-9.

JUDICIAL DECISIONS

1. In general.

2. “Comp time.”

1. In general.

Where the Harrison County Development Commission (HCDC), a political subdivision of the State of Mississippi, willfully and knowingly denied a county citizen access to certain records related to a planned development (in part, by unilaterally requiring fees that were not part of its policy), and which were not exempt under the Mississippi Public Records Act of 1983, Miss. Code Ann. §25-61-1 to Miss. Code Ann.§25-61-17, it was properly ordered to produce those records not specifically exempt, and pay a civil penalty, as well as attorney’s fees. Pursuant to Miss. Code Ann. §25-61-9(2), HCDC should have separated information on its director’s salary and leave time (subject to disclosure), from his personnel file and disclosed any non exempt material; further, the information on its business partners or prospects were not confidential and were subject to disclosure, and therefore, it was not entitled to a protective order per Miss. R. Civ. P. 26(d). Harrison County Dev. Comm'n v. Kinney, 920 So. 2d 497, 2006 Miss. App. LEXIS 51 (Miss. Ct. App. 2006).

Records of accrued compensation time of employees of a state agency are not exempt from disclosure under this section. Mississippi Dep’t of Wildlife, Fisheries & Parks v. Mississippi Wildlife Enforcement Officers’ Ass’n, 1999 Miss. LEXIS 67 (Miss. Feb. 4, 1999), opinion withdrawn by, substituted opinion at 740 So. 2d 925, 1999 Miss. LEXIS 255, 140 Lab. Cas. (CCH) P58844 (Miss. 1999).

2. “Comp time.”

Records of accumulated “comp time” for public employees is not exempt from disclosure under exemption for personnel records. Mississippi Dep't of Wildlife, Fisheries & Parks v. Mississippi Wildlife Enforcement Officers' Ass'n, 740 So. 2d 925, 1999 Miss. LEXIS 255 (Miss. 1999).

OPINIONS OF THE ATTORNEY GENERAL

Personnel records, in broad generic terms, include evaluations, applications for employment, recommendations submitted with applications, complaints made against a teacher, disciplinary measures contemplated or taken against a teacher, and medical records, and most of these records are routinely kept in a personnel file and are not subject to disclosure. Oakes, May 20, 1992, A.G. Op. #92-0379.

Names and compensation of employees of public bodies must be made available pursuant to the Public Records Act, and any existing list of employees’ resident addresses is public record, though the public entity is not required to go into personnel files to compile this information. Oakes, May 20, 1992, A.G. Op. #92-0379.

An applicant for employment as a law enforcement officer must give prior written permission to release his/her personnel files before a public body may release any such files. Chamberlin, May 1, 1998, A.G. Op. #98-0250.

If the member of a municipal governing body seeking to review personnel records has need, in the course and scope of his or her duties on behalf of the municipality, to review them, he or she should be entitled to such a review. Stovall, Jan. 6, 2004, A.G. Op. 03-0683.

The names, salaries and length of service of municipal personnel are not “personnel records” which would render that information exempt from disclosure pursuant to this section. Jones, June 4, 2004, A.G. Op. 04-0242.

Municipal governing authorities may adopt and enforce policies with regard to removal of documentation of disciplinary actions from employee personnel files; however, care should be taken that any removal of otherwise public information from city records is not done for the purpose of subverting the intent of the Mississippi Public Records Act of 1983. Mercer, Mar. 11, 2005, A.G. Op. 05-0097.

A school board may employ legal counsel other than the Board Attorney only by a majority vote of a quorum present in a properly noticed and open meeting of the board, and must officially hire an attorney before sharing any confidential personnel records. Reasons for non-renewal of a superintendent’s contract and any settlement offers must be approved and recorded in the minutes at an official meeting of the board. All policies, actions, and decisions of the school board must be reasonable and necessary to meet the educational needs of the district’s children. Foreman, March 30, 2007, A.G. Op. #07-00119, 2007 Miss. AG LEXIS 71.

Editor’s Notes —

Pursuant to Miss. Const. Art. 6, § 171, all reference in the Mississippi Code to justice of the peace shall mean justice court judge.

Cross References —

Duty of justice court judge leaving office to deliver docket to clerk of circuit court, see §9-11-25.

Penalty for failure of public officer to deliver books and records to successor, see §97-11-27.

RESEARCH REFERENCES

CJS.

67 C.J.S., Officers and Public Employees § 193.

Cross References —

Mississippi Public Records Act of 1983 generally, see §§25-61-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

A sewer district is a public corporation and a body politic and as such its records are public records. However, any records which constitute the work product of an attorney or attorney-client privileged records are exempt from the Mississippi public Records Act. Cobb, Apr. 16, 2004, A.G. Op. 04-0170.

Cross References —

Authority of Legislature to determine mode of filling vacancies in offices and to define powers of offices, see Miss. Const. Art. 4, § 103.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of regulation regarding outside employment of governmental employees or officers. 94 A.L.R.3d 1230.

CJS.

67 C.J.S., Officers §§ 37-45, 339.

OPINIONS OF THE ATTORNEY GENERAL

Because a county development foundation, a separate corporate entity, is neither a state agency, political subdivision nor instrumentality thereof, its employees would not be entitled to membership in the Public Employees’ Retirement System. Also, because the employees of the foundation are not employees of the County, the would not be entitled to the benefits the county offers its employees. Fortier, Apr. 23, 2004, A.G. Op. 03-0482.

RESEARCH REFERENCES

ALR.

Validity of public utility anti-strike laws and regulations. 22 A.L.R.2d 894.

Applicability of Norris-La Guardia Act and similar state statutes to injunction action by governmental unit or agency. 29 A.L.R.2d 431.

Union organization and activities of public employees. 31 A.L.R.2d 1142.

Labor law: Right of public employees to strike or engage in work stoppage. 37 A.L.R.3d 1147.

Bargainable or negotiable issues in state public employment labor relations. 84 A.L.R.3d 242.

Damage liability of state or local public employees’ union or union officials for unlawful work stoppage. 84 A.L.R.3d 336.

What constitutes unfair labor practice under state public employee relations acts. 9 A.L.R.4th 20.

Who are employees forbidden to strike under state enactments or state common-law rules prohibiting strikes by public employees or stated classes of public employees. 22 A.L.R.4th 1103.

Lawyers’ Edition.

Damages liability of union or its members in suit under 29 USCS § 185 for breach of express or implied no-strike obligation of collective bargaining agreement–federal cases. 68 L. Ed. 2d 884.

Law Reviews.

Public Sector Collective Bargaining in Mississippi: An Argument for Acceptance. 56 Miss. L. J. 379, August, 1986.

OPINIONS OF THE ATTORNEY GENERAL

A notice of withdrawal from a development district was not timely where the notice was metered, postmarked, and received after the deadline for such notices, even though the letter was dated before the deadline. Davis, Apr. 19, 2002, A.G. Op. #02-0180.

OPINIONS OF THE ATTORNEY GENERAL

The tax assessor-collector may provide the sheriff with a list of those property owners who were granted homestead exemption, which list may include the social security number and the birth date of the taxpayer. Such information must remain confidential and cannot be disclosed by the sheriff to the general public. Beech, Nov. 15, 2002, A.G. Op. #02-0659.

The secretary of state may lawfully promulgate a rule requiring that Uniform Commercial Code filings not contain any Social Security numbers and providing for rejection when they do. Anderson, July 28, 2006, A.G. Op. 06-0348.

Amendment Notes —

The 2014 amendment inserted the “(1)” designation and substituted “shall not employ” for “may not employ” and added (2).

Editor’s Notes —

The effective date of Chapter 391, Laws of 2013, which added this section, is “from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.” However, after the bill was approved, the United States Supreme Court, in the case of Shelby County v. Holder (June 25, 2013), struck down the coverage formula that determined what jurisdictions are subject to Section 5 of the Voting Rights Act, so the coverage formula can no longer be used as a basis for subjecting jurisdictions to preclearance under Section 5.

Because of the Shelby County decision, the United States Attorney General is not making any determinations under Section 5 on voting or election changes made by states. The Supreme Court did not strike down Section 5, so it is still in effect. For that reason, the Mississippi Attorney General’s Office submitted Chapter 391, Laws of 2013, to the United States Attorney General, in order to technically meet the requirements of Section 5 and fulfill the condition in the effective date of the bill, which will allow the bill to take effect.

By letter dated August 1, 2013, the United States Attorney General responded that he is not making determinations on the merits of any bill that is submitted under Section 5. The submission of Chapter 391 and the response from the United States Attorney General technically met the requirements of Section 5 and fulfilled the condition in the effective date of Chapter 391, so Chapter 391 became effective from and after August 1, 2013, the date of the United States Attorney General’s response letter.

Amendment Notes —

The 2014 amendment, in (1), substituted “any criminal violation” for “a criminal violation” and “in this state or any other state, has been convicted of any felony in this state or any other state, has been convicted of an election crime under federal law” for “contained in Chapter 13, Title 97, Mississippi Code of 1972.”

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Editor's Notes —

Laws of 1997, ch. 570, § 14, provides as follows:

“SECTION 14. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or October 1, 1997, whichever occurs later.”

The United States Attorney General, by letter dated September 5, 1997, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1997, ch. 570, § 11.

Section 27-3-4 provides that the terms “'Mississippi State Tax Commission,' 'State Tax Commission,' 'Tax Commission' and 'commission' appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, a typographical error in the “Class Number Three” paragraph was corrected by substituting “…assessed valuation equals and exceeds…” for “…assessed valuation equals and exceed…”

Laws of 2019, ch. 485, § 12, effective April 18, 2019, provides:

“SECTION 12. (1) There is created a County Elected Officials Compensation and Fees Task Force to study the structure, amounts and sources of the compensation received by, and the fees charged and collected by, the elected officials of the counties, and to make recommendations to address the compensation received by, and the fees charged and collected by, elected county officials on a long-term basis.

“(2) The task force shall make a report of its findings and recommendations to the Legislature by December 1, 2019, including any recommended legislation.

“(3) The task force shall be composed of fourteen (14) members, as follows:

“(a) A representative of the Mississippi Association of Supervisors, designated by the association;

“(b) A representative of the Mississippi Chancery Clerks Association, designated by the association;

“(c) A representative of the Mississippi Circuit Clerks Association, designated by the association;

“(d) A representative of the Mississippi Assessors and Collectors Association, designated by the association;

“(e) A representative of the Mississippi Coroner and Medical Examiners Association, designated by the association;

“(f) A representative of the Mississippi Constables Association, designated by the association;

“(g) A representative of the Mississippi Sheriffs' Association, designated by the association;

“(h) A representative of the Mississippi Justice Court Judges Association, designated by the association;

“(i) Three (3) members of the House of Representatives appointed by the Speaker of the House of Representatives; and

“(j) Three (3) members of the Senate appointed by the Lieutenant Governor.

“(4) Legislative appointments shall be made within thirty (30) days after the effective date of this section. Within fifteen (15) days thereafter on a day to be designated jointly by the Speaker of the House of Representatives and the Lieutenant Governor, the task force shall meet and organize by selecting from its membership a chair and a vice chair. The vice chair shall also serve as secretary and shall be responsible for keeping all records of the task force. A majority of the members of the task force shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required. All members shall be notified in writing of all meetings, and those notices shall be mailed at least fifteen (15) days before the date on which a meeting is to be held.

“(5) The members of the task force who are not legislators shall be compensated at the per diem rate authorized by Section 25-3-69 and shall be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session. However, no per diem or expenses for attending meetings of the task force will be paid to legislative members of the task force while the Legislature is in session. No task force members may incur per diem, travel or other expense unless previously authorized by vote, at a meeting of the task force, which action shall be recorded in the official minutes of the meeting. The nonlegislative members shall be paid from any funds made available to the task force for that purpose.”

Cross References —

Limitation of county size, see Miss. Const. Art. 14, § 260.

Salaries of county judges determined by county classifications, see §9-9-11.

Fees of chancery clerks being determined by county classification, see §25-7-9.

JUDICIAL DECISIONS

1. In general.

Assuming that board of supervisors of county which was one of the fourth class in 1930 and had an assessed valuation of a county of the third class in 1942, made unauthorized and excessive allowance as to county auditor’s salary for the year 1942 in basing it on classification as a third class county, neither members of the board, nor their bondsmen, could be held personally liable for the reason that the allowance was to an object authorized by law. Barnett v. Woods, 196 Miss. 678, 18 So. 2d 443, 1944 Miss. LEXIS 249 (Miss. 1944).

County, which was in the fourth class in 1930 and had an assessed valuation of a third class county in 1942, was authorized to allow its auditor a salary of $2,300 for the year 1942 pursuant to this section which provides for change in classification of county for the purpose of determining salaries based upon change in assessed valuation. Barnett v. Woods, 196 Miss. 678, 18 So. 2d 443, 1944 Miss. LEXIS 249 (Miss. 1944).

Surety on bonds of board of supervisors of county in class five was liable to county for $60 paid as salaries to board in November, 1930, where at that time each member had been allowed sum above $1,000, though less than $1,250, maximum compensation allowable for first ten months. United States Fidelity & Guaranty Co. v. Gully, 168 Miss. 740, 150 So. 828, 1933 Miss. LEXIS 196 (Miss. 1933).

Salaries due board of supervisors of county in class five for services rendered prior to November 1, 1930, not exceeding $1,250, could be allowed after November 1, though in excess of $1,000, maximum compensation allowable after that time. United States Fidelity & Guaranty Co. v. Gully, 168 Miss. 740, 150 So. 828, 1933 Miss. LEXIS 196 (Miss. 1933).

OPINIONS OF THE ATTORNEY GENERAL

Any public official or employee whose pay schedule is not determined in Sections 25-3-1 through 25-3-27, may be paid bi-weekly. Officials who are not required to be paid monthly may be paid on some other basis in the discretion of the board of supervisors. Scipper, August 9, 1996, A.G. Op. #96-0489.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 429 et seq.

CJS.

20 C.J.S., Counties § 8.

Editor’s Notes —

Laws of 1998, ch. 567, § 6, provides:

“SECTION 6. This act shall take effect and be in force from and after October 1, 1998, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after October 1, 1998, this act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.”

On July 30, 1998, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the addition of this section by Laws of 1998, ch. 567, § 4.

Editor’s Notes —

The United States Attorney General, by letter dated May 27, 1993, interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1993, ch. 550, § 3.

Laws of 1997, ch. 570, § 14, provides as follows:

“SECTION 14. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or October 1, 1997, whichever occurs later.”

The United States Attorney General, by letter dated September 5, 1997, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1997, ch. 570, § 1.

On August 19, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2004, ch. 505, § 1.

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Section 73-34-19 was amended by Section 1 of Chapter 400, Laws of 2014, effective July 1, 2014, to delete the timberland real estate appraiser license classification referred to in subsection (7).

Laws of 2019, ch. 485, § 14, provides as follows:

“SECTION 14. This act will take effect and be in force from and after January 1, 2020, except for Section 11, which shall take effect and be in force from and after July 1, 2019, and Sections 12 and 13, which shall take effect and be in force from and after the passage of this act [approved April 18, 2019].

Amendment Notes —

The 2004 amendment added the subsection designations; substituted “assessors and tax collectors” for “assessor-tax collectors” or a variation thereof throughout the section; rewrote (2); inserted (3); substituted “salaries shall be” for “salaries may be” in (4); in (5), substituted “shall pay such assessors and tax collectors an additional” for “shall allow that said assessor-tax collector be paid an additional” and “shall pay the assessor or tax collector an additional” for “may allow that said assessor or tax collector be paid an additional”; in (6), inserted “or both” throughout, and substituted “assess or collect” for “assess and/or collect” and “county and/or” for “county and” following “allowed by the”; substituted “salaries provided for in this section” for “salaries herein set out” in (8); substituted “salaries provided for in this section” for “salaries herein provided” in (9); and deleted the last paragraph.

The 2019 amendment, effective January 1, 2020, substituted “Department of Revenue” for “State Tax Commission” twice in (1); in (2), added (a) and redesignated former (a) through (f) as (b) through (g), rewrote (b), which read: “For counties having a total assessed valuation of Two Billion Dollars ($2,000,000,000.00) or more, a salary of Sixty-four Thousand Dollars ($64,000.00),” substituted “Sixty-four Thousand Five Hundred Seventy-five Dollars ($64,575.00)” for “Sixty-one Thousand Five Hundred Dollars ($61,500.00)” in (c), “Sixty-one Thousand Four Hundred Twenty-five Dollars ($61,425.00)” for “Fifty-eight Thousand Five Hundred Dollars ($58,500.00)” in (d), “Fifty-eight Thousand Eight Hundred Dollars ($58,800.00)” for “Fifty-six Thousand Dollars ($56,000.00)” in (e), “Fifty-six Thousand Seven Hundred Dollars ($56,700.00)” for “Fifty-four Thousand Dollars ($54,000.00)” in (f), “Fifty-five Thousand One Hundred Twenty-five Dollars ($55,125.00)” for “Fifty-two Thousand Five Hundred Dollars ($52,500.00)” in (g), deleted former (g), which read: “For counties having a total assessed valuation of at least Thirty-five Million Dollars ($35,000,000.00) but less than Seventy-five Million Dollars ($75,000,000.00), a salary of Forty-eight Thousand Five Hundred Dollars ($48,500.00),” and substituted “Seventy-five Million Dollars ($75,000,000.00), a salary of Fifty Thousand Nine Hundred Twenty-nine Dollars ($50,929.00)” for “Thirty-five Million Dollars ($35,000,000.00), a salary of Forty-one Thousand Five Hundred Dollars ($41,500.00)” in (h).

Cross References —

Certified residential appraiser, certified timberland appraiser and certified general appraiser, see §73-34-19.

OPINIONS OF THE ATTORNEY GENERAL

County tax collectors are entitled to be paid additional compensation for collecting city taxes on motor vehicles if they are collecting such taxes by virtue of written contract or interlocal agreement between county and municipality or municipalities in county and if there is not effective municipal order requiring collection of such taxes by county tax collector as authorized by Section 27-51-29. Shaw, June 23, 1993, A.G. Op. #93-0460.

The plain language of Section 25-3-3 allows a board of supervisors, in its discretion, to pay an assessor-tax collector an additional $3,500.00 when that assessor-tax collector maintains two full-time offices. Shaw, January 10, 1996, A.G. Op. #95-0808.

The term “total assessed valuation” in §§25-3-3 and25-3-9 includes the assessed valuation of any properties for which a fee in lieu of taxes has been negotiated pursuant to §27-31-104. Bailey, March 26, 1999, A.G. Op. #99-0134.

Where a board of supervisors is given the discretion to allow an additional $3,500.00 compensation to an assessor-collector who maintains two full-time offices, the board has discretion to allow a lesser amount. Reynolds, May 3, 2002, A.G. Op. #02-0230.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties §§ 174, 175.

67 C.J.S., Officers § 321.

Editor’s Notes —

Former §25-3-5 was entitled: Salaries of assessors and tax collectors in separate offices; additional compensation.

OPINIONS OF THE ATTORNEY GENERAL

No authority can be found for an information technology services board member to hold over and continue to serve after the expiration of his or her term of office. Litchliter, Apr. 14, 2006, A.G. Op. 06-0125.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 429 et seq.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in subdivision (2)(aa). The word “the” was inserted before “county” so that the phrase “the salary of county prosecuting attorney” will read as “the salary of the county prosecuting attorney.” The Joint Committee ratified the correction at its June 3, 2003, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in the text of paragraph (y) of subsection (2) by substituting “prior to April 12, 1985” for “prior to the effective date of Chapter 506, Laws of 1985 [effective April 12, 1985].” The Joint Committee ratified the correction at its July 22, 2010, meeting.

Editor’s Notes —

On August 19, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2004, ch. 505, § 13.

On August 11, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 396, § 1.

Amendment Notes —

The 2004 amendment substituted “subsections (2), (3) and (4)” for “subsections (2) and (3)” in (1); deleted “paid” following “shall be” in the first paragraph of (2)(f); inserted “in” following “provided for” in (2)(t)(ii); added (4); and made a minor stylistic change.

The 2007 amendment in (t), rewrote (i) and added (iii).

The 2008 amendment, effective from and after August 11, 2008, substituted “paragraph (dd)(ii)” for “subparagraph (dd)(ii)” in the last sentence of (2)(dd)(ii); added (2)(uu); and made a minor stylistic change.

Cross References —

Additional salary for county prosecuting attorney employed as attorney for board of supervisors, see §19-23-15.

Additional compensation to county prosecuting attorney for secretarial services, see §19-23-19.

Classification of counties, see §25-3-1.

OPINIONS OF THE ATTORNEY GENERAL

County prosecuting attorney may represent county in civil forfeiture proceedings; compensation to be paid to county attorney for such services would have to be included in county attorney’s salary. Swayze Sept. 7, 1993, A.G. Op. #93-0533.

The term “total assessed valuation” in §§25-3-3 and25-3-9 includes the assessed valuation of any properties for which a fee in lieu of taxes has been negotiated pursuant to §27-31-104. Bailey, March 26, 1999, A.G. Op. #99-0134.

The salary established for a county attorney by this section comprises the “earned compensation” addressed in §25-11-103(k). Compton, Mar. 31, 2003, A.G. Op. #03-0024.

Provided it is the duty of the county prosecuting attorney to appear and prosecute the particular case at issue, the $3.00 item of cost may be taxed against a defendant where he enters a plea on a criminal charge and is convicted thereof, on or before the initial hearing/docket call court date, and also where the case is initially docketed for trial and then the defendant later enters a plea of guilty on or before that trial date. Johnson, Sept. 22, 2006, A.G. Op. 06-0432.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties § 179.

Cross References —

Uniform system of officers’ expense accounts, see §25-1-81.

Classification of counties, see §25-3-1.

Provision that officers’ salaries shall be full compensation, see §25-3-37.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties § 211.

67 C.J.S., Officers §§ 199, 200.

Editor’s Notes —

Laws of 1997, ch. 570, § 14, provides as follows:

“SECTION 14. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or October 1, 1997, whichever occurs later.”

The United States Attorney General, by letter dated September 5, 1997, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1997, ch. 570, § 4.

On August 19, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2004, ch. 505, § 2.

On June 28, 2006, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2006 ch. 435, § 1.

Laws of 2019, ch. 485, § 14, provides as follows:

“SECTION 14. This act will take effect and be in force from and after January 1, 2020, except for Section 11, which shall take effect and be in force from and after July 1, 2019, and Sections 12 and 13, which shall take effect and be in force from and after the passage of this act [approved April 18, 2019].

Amendment Notes —

The 2004 amendment changed the assessed valuations and salary amounts throughout the section.

The 2006 amendment inserted (2); and designated the formerly undesignated first and second paragraphs as (1) and (3), respectively.

The 2019 amendment, effective January 1, 2020, in (1), made the following substitutions: “Twenty-nine Thousand Eight Hundred Seventy Dollars ($29,870.00)” for “Twenty-nine Thousand Dollars ($29,000.00)” in (a), “Thirty-three Thousand Two Hundred Sixty-nine Dollars ($33,269.00)” for “Thirty-two Thousand Three Hundred Dollars ($32,300.00)” in (b), “Thirty-four Thousand Seven Hundred Eleven Dollars ($34,711.00)” for “Thirty-three Thousand Seven Hundred Dollars ($33,700.00)” in (c), “Thirty-five Thousand Seven Hundred Forty-one Dollars ($35,741.00)” for “Thirty-four Thousand Seven Hundred Dollars ($34,700.00)” in (d), “Forty-one Thousand Six Hundred Twelve Dollars ($41,612.00)” for “Forty Thousand Four Hundred Dollars ($40,400.00)” in (e), “Forty-six Thousand Forty-one Dollars ($46,041.00)” for “Forty-four Thousand Seven Hundred Dollars ($44,700.00)” in (f), “Forty-seven Thousand Seventy-one Dollars ($47,071.00)” for “Forty-five Thousand Seven Hundred Dollars ($45,700.00)” in (g), and “Forty-eight Thousand One Hundred One Dollars ($48,101.00)” for “Forty-six Thousand Seven Hundred Dollars ($46,700.00)” in (h).

Cross References —

Provision that officers’ salaries shall be full compensation, see §25-3-37.

OPINIONS OF THE ATTORNEY GENERAL

If county supervisors are entitled to increase in salary as result of increase in assessed valuation of oil and gas in county which has been reported by tax commission, supervisors may pass a resolution increasing their salaries and may collect amount of increase in salary beginning in January of calendar year following that in which total assessed valuation is determined. Ruffin, Oct. 12, 1992, A.G. Op. #92-0781.

“Total assessed valuation” refers to total assessed value of county as shown on land rolls, personal property rolls, including assessment of automobiles, and assessed value of all properties in county which are assessed by state tax commission and certified to counties in addition to foregoing; “ad valorem assessment” refers to assessment of property which would be subject to taxation. Davis, Oct. 21, 1992, A.G. Op. #92-0761.

Due to the language in this section which establishes supervisor salaries at “fixed” amounts, the Legislature must clarify the language in the section in order for salaries to be increased in phases over a period of years. Chaney, June 11, 2004, A.G. Op. 04-0237.

Once the board of supervisors passes a resolution putting salaries established under Section 25-3-13 into effect, said salaries are thereafter “fixed” pursuant to statute. Roberts, Nov. 23, 2005, A.G. Op. 05-0555.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties § 113.

Editor’s Notes —

Laws of 1997, ch. 570, § 14, provides as follows:

“SECTION 14. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or October 1, 1997, whichever occurs later.”

The United States Attorney General, by letter dated September 5, 1997, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1997, ch. 570, § 12.

Section 27-3-4 provides that the terms “‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ ‘Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

Provision that officers’ salaries shall be full compensation, see §25-3-37.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties §§ 8, 113.

Cross References —

Uniform system of officers’ expense accounts, see §25-1-81.

Provision that officers’ salaries shall be full compensation, see §25-3-37.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties §§ 113, 176, 180, 181.

Cross References —

Clerk of board of supervisors acting as county auditor, see §19-17-1.

Fees charged by chancery clerks, see §25-7-9.

JUDICIAL DECISIONS

1. In general.

County, which was in the fourth class in 1930 and had an assessed valuation of a third class county in 1942, was authorized to allow its auditor a salary of $2,300 for the year 1942 pursuant to this section, providing for change in classification of county for the purpose of determining salaries based upon change in assessed valuation. Barnett v. Woods, 196 Miss. 678, 18 So. 2d 443, 1944 Miss. LEXIS 249 (Miss. 1944).

Assuming that board of supervisors of county which was one of the fourth class in 1930 and had an assessed valuation of a county of the third class in 1942, made unauthorized and excessive allowance as to county auditor’s salary for the year 1942 in basing it on classification as a third class county, neither members of the board, nor their bondsmen, could be held personally liable for the reason that the allowance was to an object authorized by law. Barnett v. Woods, 196 Miss. 678, 18 So. 2d 443, 1944 Miss. LEXIS 249 (Miss. 1944).

Cross References —

Duties of clerk of board of supervisors as to land assessment and homestead exemption rolls, see §27-33-35.

Duties of clerk of board of supervisors as to completion and submission of assessment rolls, see §27-35-123.

RESEARCH REFERENCES

CJS.

67 C.J.S., Officers §§ 381–385.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties §§ 183, 184.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in subsection (5). The words “the Board of Supervisors of Tunica County may, in their discretion” were changed to “the Board of Supervisors of Tunica County may, in its discretion.” The Joint Committee ratified the correction at its April 26, 2001 meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in a statutory reference. “ Section 25-7-19” was substituted for “this section” in (11)(b). The Joint Committee ratified the correction at its July 24, 2014, meeting.

Editor’s Notes —

On June 12, 1998, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1998, ch. 459, § 2.

On August 19, 2004, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 2004, ch. 505, § 3.

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, errors in the text of this section have been corrected as follows: in (2)(h), “The dispatchers...have been placed…” was substituted for “The dispatchers…has been placed…,” and in (6)( l ), “…drug and alcohol commitment cases…” was substituted for “…drug and alcohol commitments cases…”

Amendment Notes —

The 2004 amendment changed the dollar amounts throughout the section; deleted “hereby” following “counties are” in (1); deleted “more than seven thousand five hundred (7,500) and” following “population of” in (1)(h); deleted (1)(i); inserted (10), and redesignated the remaining subsection accordingly; substituted “salaries provided in this section” for “salaries herein provided” in (11); and made minor stylistic changes.

The 2010 amendment substituted “persons with an intellectual disability” for “the mentally retarded” in (3)(c).

The 2014 amendment, in (1), deleted “From and after October 1, 1998,” from the beginning of the second paragraph and substituted “most recent” for “1980”; deleted (1)(a) for counties with populations over 200,000, (1)(c) for counties between 45,000 and 100,000, and (1)(g) for counties between 9,500 and 15,000, and redesignated remaining subsections accordingly; in present (1)(a), deleted “and not more than two hundred thousand (200,000)” following “one hundred thousand (100,000)” and substituted “Ninety-nine Thousand Dollars ($99,000.00)” for “Eighty-four Thousand Dollars ($84,000.00)”; in (1)(b), substituted “Ninety Thousand Dollars ($90,000.00)” for “Seventy-eight Thousand Dollars ($78,000.00)”; in (1)(c), substituted “Eighty-five Thousand Dollars ($85,000.00)” for “Seventy-two Thousand Dollars ($72,000.00)”; in (1)(d), substituted “thirty-four thousand (34,000)” for “twenty-five thousand (25,000)” and “Eighty Thousand Dollars ($80,000.00)” for “Sixty Thousand Dollars ($60,000.00)”; in (1)(e), substituted “fifteen thousand (15,000)” for “nine thousand five hundred (9,500)” and “Seventy-five Thousand Dollars ($75,000.00)” for “Fifty-five Thousand Dollars ($55,000.00)”; and added (11)(b) and (12).

OPINIONS OF THE ATTORNEY GENERAL

General salary is full compensation allowable to sheriff; he may not be allowed clothing allowance permitted plainclothes investigators under local and private law. Younger, Oct. 28, 1992, A.G. Op. #92-0825.

Pay raises for county prosecuting attorneys, sheriffs and justice court justices may be made retroactively effective to April 1, 1997, once Laws, 1997, Chapter 570 becomes effectuated under Section 5 of the Voting Rights Act. Dulaney, July 25, 1997, A.G. Op. #97-0403.

Salaries of sheriffs must be based on official census figures. Bryan, Aug. 8, 2005, A.G. Op. 05-0391.

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 40, 41.

CJS.

80 C.J.S., Sheriffs and Constables §§ 309 et seq.

Cross References —

Appointment and qualification of deputy sheriffs, see §§19-25-19,19-25-21.

Requirement that sheriff maintain adequate number of deputies, see §19-25-23.

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 40, 41.

CJS.

80 C.J.S., Sheriffs and Constables § 502, 505, 509, 510..

Cross References —

Disposition by board of supervisors of claims against county, see §19-13-31.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 448 et seq.

CJS.

67 C.J.S., Officers §§ 414–418.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Laws of 2003, ch. 563, §§ 6, 7, provides as follows:

“SECTION 6. The Attorney General of the State of Mississippi shall submit Sections 1 and 2 of this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“SECTION 7. Sections 1 and 2 of this act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or January 1, 2004, whichever occurs later. Sections 3 through 5 of this act shall take effect and be in force from and after July 1, 2003.”

Amendment Notes —

The 2006 amendment extended the date of the repealer for this section from “January 1, 2007” until “July 1, 2008.”

The 2008 amendment deleted the former next-to-last paragraph, which read: “The above fixed salary of the Governor shall be the reference amount utilized in computing average compensation and earned compensation pursuant to Section 25-11-103(f) and Section 25-11-103(k) and to related sections which require such computations;” and deleted the former last paragraph, which contained a repealer for this section.

Cross References —

Compensation of assistant secretaries of state, see §7-3-71.

Authority of Legislature to fix compensation for deputy attorney general, see §7-5-3.

Authority of Attorney General to fix compensation of assistant attorneys general, see §7-5-5.

Establishment of General Accounting Office, see §7-7-3.

Compensation of deputy state treasurer, see §7-9-5.

Provision that no state officer or employee shall be compensated in excess of the salary fixed for the Governor, see §25-3-39.

Provision making Governor’s salary maximum figure for computation of various retirement benefits, see §25-11-103.

Provisions of this section not to affect the calculation of average or earned compensation of any member of the public employees’ retirement system, see §25-11-103.

Salary of legal assistant to district attorney, see §25-31-5.

Term of office and bond of state superintendent of public education, see §37-3-9.

Appointment and compensation of commissioner of insurance, deputy commissioner, and clerk and stenographer under commissioner, see §§83-1-3 et seq.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 429 et seq.

Editor’s Notes —

Former section25-3-32 related to salaries of full-time district attorneys. See now, §25-3-35.

Editor’s Notes —

Former §25-3-33 provided for the salary of appointed state and district officials.

Laws of 2005, 2nd Ex Sess, ch. 31, § 1, provides as follows:

“SECTION 1. There is hereby created a joint committee to study the reinstatement of the statutory salary cap, also known as the Omnibus Salary Section. The joint committee shall study the effect of the repeal of former Section 25-3-33, Mississippi Code of 1972, upon the increase in salary levels of the affected executive agency directors, deputy directors and the cost of salaries for other related state employees. The joint committee shall be composed of the following members: Chairmen of the Senate and House Appropriations Committees; Chairmen of the Senate and House Fees and Salaries Committees; three (3) members of the Senate appointed by the Lieutenant Governor; and three (3) members of the House appointed by the Speaker of the House of Representatives. The joint committee shall organize for business, select a chairman or co-chairman, and shall develop a report to be made to the 2006 Regular Session of the Legislature. At the conclusion of its work, the joint committee shall be dissolved.”

Editor’s Notes —

Section 25-3-33 referred to in (1), was repealed by Laws of 2003, ch. 563, § 5 eff from and after July 1, 2003.

OPINIONS OF THE ATTORNEY GENERAL

The State Personnel Board may not approve an educational benchmark award for a subordinate employee that will result in the employee receiving a total salary in excess of the agency head’s salary as set in former Section 25-3-33, but not in excess of the salary paid to the agency head as a result of the additional benchmark award provided in Section 25-3-34. Stringer, Jr., Sept. 7, 2001, A.G. Op. #01-0552.

The positions listed in repealed Section 25-3-33, for which the salaries are now set by the State Personnel Board, continue to be covered by the regulations and restrictions on educational benchmarks contained in this section. Stringer, June 20, 2003, A.G. Op. 03-0293.

Editor’s Notes —

On June 17, 1999, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1999, ch. 581, § 3.

Laws of 2003, ch. 563, §§ 6, 7, provides as follows:

“SECTION 6. The Attorney General of the State of Mississippi shall submit Sections 1 and 2 of this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“SECTION 7. Sections 1 and 2 of this act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or January 1, 2004, whichever occurs later. Sections 3 through 5 of this act shall take effect and be in force from and after July 1, 2003.”

On July 31, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 548, § 1.

By letter dated August 24, 2012, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Chapter 329, Laws of 2012.

Laws of 2019, ch. 466, § 1 provides as follows:

“SECTION 1. This act shall be known and may be cited as the ‘Criminal Justice Reform Act.’”

Amendment Notes —

The 2006 amendment extended the date of the repealer for this section from “January 1, 2007” to “July 1, 2008.”

The 2008 amendment deleted former (7), which read: “This section shall stand repealed from and after July 1, 2008.”

The 2012 amendment rewrote the section.

The 2019 amendment substituted “intervention courts” for “drug courts” in the second paragraphs of (1) and (3).

Cross References —

Provision that no state officer or employee shall be compensated in excess of the salary fixed for the governor, see §25-3-39.

Applicability of compensation and travel expense provisions for circuit court judges to judges of the Mississippi Court of Military Appeals, see §33-13-417.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 429 et seq.

CJS.

48A C.J.S., Judges §§ 23–33, 189–214.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Uniform system of officers’ expense accounts, see §25-1-81.

JUDICIAL DECISIONS

1. In general.

Senate resolution allowing extra compensation to employee of Governor’s office violated constitutional inhibition against granting of extra compensation to public officers after services rendered. State of Wimberly v. White, 171 Miss. 663, 157 So. 472, 1934 Miss. LEXIS 239 (Miss. 1934).

OPINIONS OF THE ATTORNEY GENERAL

Although the Commissioner of Public Safety is not entitled to supplemental compensation for any employment duties connected with his position, the duties of Commissioner of Public Safety do not include being a member of the Mississippi Ethics Commission, therefore any per diem the Commissioner would be entitled to as a member of the Ethics Commission can be accepted. Dixon, Jan. 9, 1992, A.G. Op. #92-0006.

Limitation provided in section 25-3-37 applies to compensation paid to State Treasurer for performing all public duties and responsibilities relating to office of State Treasurer and limitation was not intended to apply to compensation paid to public officers for performing duties and responsibilities of separate office not enumerated in sections 25-3-31 through 25-3-35, such as trustee of Public Employees’ Retirement System. Walker, March 23, 1994, A.G. Op. #93-0749.

While Sections 25-3-37 and 25-3-38 are no longer directly applicable to the state forester, those statutes set forth a sound public policy that must be adhered to, that is that Mississippi public officials whose salaries were previously set by former Section 25-3-33 should not be receiving supplemental compensation from private or federal funds regardless of the manner in which their salaries are set. Harvey, Nov. 18, 2005, A.G. Op. 05-0444.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 448 et seq.

CJS.

67 C.J.S., Officers §§ 270 et seq.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 448 et seq.

CJS.

67 C.J.S., Officers §§ 270 et seq.

Joint Legislative Committee Note —

Section 2 of ch. 406, Laws of 2003, effective from and after July 1, 2003 (approved March 17, 2003), amended this section. Section 3 of ch. 563, Laws of 2003, effective July 1, 2003 (approved April 24, 2003), also amended this section. As set out above, this section reflects the language of Section 3 of ch. 563, Laws of 2003, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Editor’s Notes —

On July 13, 1993, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended to the amendment of this section by Laws of 1993, ch. 518.

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, a typographical error in the first sentence of (1) was corrected by substituting “…one hundred fifty percent (150%) of the salary fixed in…” for “…one hundred fifty percent (150%) the salary fixed in…”

Laws of 2016, ch. 494, § 8 provides:

“SECTION 8. Section 1 of this act [codified as Section 43-26-1] shall take effect and be in force from and after its passage [May 13, 2016], and Sections 2 through 7 of this act [amending Sections 43-15-111, 25-3-39, 25-9-120, 25-9-127, 25-53-1, and 25-53-5, respectively] shall take effect and be in force from and after July 1, 2016.”

Amendment Notes —

The 2004 amendment substituted “authorized to be paid” for “of” preceding “the executive head of the state” in the first sentence of (2); and added (3).

The 2012 amendment in (1)(a), added the exception, added language beginning “nor shall the salary of any public officer” to the end of the first sentence and added the second sentence, deleted the former third sentence, which read “The Governor shall fix the annual salary of the Executive Director of the Mississippi Development Authority and the annual salary of the Chief of Staff of the Governor’s Office, which salaries shall be completely paid by the state and may not be supplemented with any funds from any source, including federal or private funds. Provided, however, that the salary of the Executive Director of the Mississippi Development Authority and the Governor’s Chief of Staff shall not be greater than one hundred fifty percent (150%) of the salary of the Governor. Furthermore”; and added (1)(b).

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (1)(a).

The 2016 amendment, in (1), added the last sentence of (a) and inserted “the annual salary of the Commissioner of Child Protection Services” in the first sentence of (b).

The 2017 amendment added the last sentence of (1)(a).

Cross References —

State agencies and public officials providing information about the agency or office to the public on a website are required to regularly review and update that information, see §25-1-117.

Provision that salaries shall be full and complete compensation for state officers, see §25-3-37.

Compensation of Deputy Commissioner of Insurance, see §25-3-39.1.

OPINIONS OF THE ATTORNEY GENERAL

Section 25-3-39(1) does not apply to county employees. Under its terms, the section applies only to public officers, employees, administrators or executive heads of arms or agencies of the state designated in Sections 25-3-31 through former 25-3-33. Ross, April 20, 1995, A.G. Op. #95-0207.

The State Personnel Board may not approve an educational benchmark award for a subordinate employee that will result in the employee receiving a total salary in excess of the agency head’s salary as set in Section 25-3-33[Repealed], but not in excess of the salary paid to the agency head as a result of the additional benchmark award provided in Section 25-3-34. Stringer, Jr., Sept. 7, 2001, A.G. Op. #01-0552.

The ceiling imposed by §25-3-39(2) applies to employees’ full or “aggregate” compensation. Strange, Sept. 13, 2002, A.G. Op. #02-0372.

For purposes of applying the ceiling imposed by §25-3-39(2) in the case of agents of the Mississippi Bureau of Narcotics, the executive head of the Bureau of Narcotics is the Director of the Bureau. Strange, Sept. 13, 2002, A.G. Op. #02-0372.

The salary ceiling of §25-3-39(2) applies to the calculation of retirement benefits. Strange, Sept. 13, 2002, A.G. Op. #02-0372.

A highway patrol officer assigned to duty with the Mississippi Bureau of Narcotics retains his or her status as a highway patrol officer for all purposes; therefore, because the executive head of the agency in which the officer is employed is the Commissioner of Public Safety, the cap imposed by §25-3-39(2) would, for these officers, apply to the Commissioner’s salary. Strange, Sept. 13, 2002, A.G. Op. #02-0372.

Section 25-3-39(1) has never been interpreted to apply to officers, employees or heads of units of local government, and thus does not limit the salary of the executive director of a regional housing authority. Delcambre, May 16, 2003, A.G. Op. 03-0217.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 434, 435.

CJS.

67 C.J.S., Officers §§ 270 et seq.

Cross References —

Local authorities prohibited from regulating how a private employer pays its employees, see §17-1-51.

Joint legislative budget committee and legislative budget office, generally, see §§27-103-101 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The Board of Nursing sets the salary of its executive director within a salary range established by the State Personnel Board in accordance with the variable compensation plan. The Board may vote at any time to adjust the salary within the range established and amended by the Personnel Board. The Board does not have to vote to change the salary each time the range changes. Mabry, Nov. 10, 2006, A.G. Op. 06-0544.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 434, 435.

CJS.

67 C.J.S., Officers §§ 396, 397 et seq.

Joint Legislative Committee Note —

Section 1 of ch. 425, Laws of 2006, effective from and after passage (approved March 15, 2006) amended this section. Section 4 of ch. 537, Laws of 2006, effective from and after July 1, 2005 (approved April 17, 2006) also amended this section. As set out above, this section reflects the language of Section 4 of ch. 537, Laws of 2006, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Editor’s Notes —

Section 11 of Chapter 448, Laws of 1950 (see now §25-1-93), declares that no section, portion or part of said chapter shall in any way be construed to apply to the Governor or the Governor’s office of the State of Mississippi. Since this code section is derived from said Chapter 448, it is probably inapplicable to the Governor or to the Governor’s office.

Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Amendment Notes —

The 2005 amendment substituted “Governor, Lieutenant Governor, or Speaker of the House of Representatives” for “Governor or Lieutenant Governor” in (8).

The first 2006 amendment (ch. 425) added the last sentence in (6).

The second 2006 amendment (ch. 537) added the last sentence in (6); inserted “and Fleet Management” following “Purchasing Travel” at the end of (9)(c); and made a minor stylistic change.

The 2017 amendment added “Subject to the provisions of subsection (10) of this section” at the beginning of (1); and added (10).

Cross References —

Remuneration of legislators for the mileage allowance provided by this section, see §5-1-41.

Additional mileage and expense allowances of lieutenant governor, senators, and representatives, for attendance at sessions of legislature, see §5-1-47.

Travelling expenses of state legislators, see §5-1-47.

Mileage allowance for members of the joint legislative committee on performance evaluation and expenditure review, see §5-3-67.

Mileage and reimbursement of expenses for members of the standing joint legislative committee on reapportionment, see §5-3-95.

Mileage and reimbursement of expenses for members of the standing joint congressional redistricting committee, see §5-3-125.

Applicability of this provision to members of the commission on interstate cooperation, see §5-5-9.

Reimbursement of person appointed as special judge or senior judge, see §§9-1-105 and9-1-107.

Reimbursement of travel expenses for special judges, see §9-1-105.

Reimbursement for travel expenses incurred by judges of Court of Appeals, see §9-4-13.

Compensation of court reporters for circuit and chancery courts, and amount contributed by counties toward salary, see §9-13-19.

Reimbursement of mileage expenses of circuit or chancery court reporters, see §9-13-19.

Reimbursement for traveling and subsistence expenses for members of the Judicial Advisory Study Commission, see §9-21-39.

Appointed member of Tort Claims Board entitled to per diem and travel reimbursement, see §11-46-18.

State grand jurors entitled to reimbursement for travel and mileage as provided in this section, see §13-7-15.

Reimbursement of expenses of commissioners of regional solid waste management authorities, see §17-17-313.

Payment of travel expenses to hazardous waste facility siting authority, see §17-18-7.

Reimbursement for expenses of members of Hazardous Waste Technical Siting Committee, see §17-18-11.

Travel expenses of members of county boards of supervisors, see §19-3-67.

Reimbursement of expenses of county employees or officials traveling to attend professional education programs, see §19-3-77.

Reimbursement of expenses incurred by boards of commissioners of county cooperative service districts, see §19-3-105.

Payment of mileage expense for transporting persons to St. Jude Hospital in Memphis, Tennessee, see §19-5-93.

Expenses and mileage, as provided for herein, payable to members of Board of Emergency Telecommunications Standards and Training, see §19-5-351.

Provision requiring state boards and agencies to keep duplicate receipt books recording transfers of funds, see §25-1-75.

Uniform system of officers’ expense accounts, see §25-1-81.

Penalty for claim, receipt, approval, or allowance of travel expenses in excess of authorized amount, see §25-3-45.

Fees for grand jurors and petit jurors, see §25-7-61.

Compensation of jurors making inquisitions of idiocy, lunacy or of unsound mind and jurors on coroner’s inquest, see §25-7-61.

Compensation and expenses of members of state personnel board, see §25-9-113.

Reimbursement of members of Mississippi Personnel Advisory Council, see §25-9-117.

Compensation and travel expenses for board of trustees of public employees’ retirement system, see §25-11-15.

Compensation for members of investment advisory board, see §25-11-15.

Expenses of tax assessors and collectors attending annual or regional conferences, see §27-3-59.

Joint legislative budget committee and legislative budget office, generally, see §§27-103-101 et seq.

Mileage allowance for members of the Joint Legislative Budget Committee, see §27-103-101.

Reimbursement of expense of members of the Board of the Mississippi Development Bank, see §31-25-11.

Expenses and mileage of members of Mississippi Telecommunications Conference and Training Center Commission, see §31-31-5.

Compensation for inspections and other duties, see §33-7-23.

Reimbursement of expenses of Veterans’ Home Purchase Board members, see §35-7-7.

Applicability of this provision to members of the state board of education, see §37-1-1.

Applicability of this provision to members of the advisory board of the school executive management institute, see §37-3-4.

Reimbursement of the expenses of members of the State Board for Community and Junior Colleges, see §37-4-3.

Applicability of this section to per diem and mileage expenses of members of a school board, see §37-6-13.

Reimbursement for expenses and mileage of members of the Commission on School Accreditation, see §37-17-3.

Applicability of this section to compensation for mileage for junior college trustees, see §37-29-65.

Expenses of members of State Board of Rehabilitation Services, see §37-33-155.

Compensation and travel expenses of executive director, employees and members of educational television authority, see §§37-63-5,37-63-7.

Travel and lodging expenses of board of directors of Prepaid Affordable College Tuition Program Trust Fund, see §37-155-7.

Reimbursement for state licensed teacher moves under critical shortage of teachers act, see §37-159-5.

Reimbursement for licensed teacher employment interviews under critical shortage of teachers act, see §37-159-7.

Authorization for library trustees to be reimbursed for traveling expenses and mileage as provided in this section, see §39-3-15.

Travel expenses of hospital trustees in attending continuing education courses, see §41-7-140.

Applicability of this section to compensation and per diem allowances for members of the board of trustees of county hospitals or other health facilities, see §41-13-29.

Reimbursement of expenses of emergency medical advisory council, see §41-59-7.

Reimbursement of members of the Mississippi Hospital Equipment and Facilities Authority for actual and necessary expenses, see §41-73-11.

Children’s Health Insurance Program Commission, per diem and expense reimbursement, see §41-86-9.

Compensation of members of State Department of Human Services, see §43-1-2.

Mileage and other expenses for members of TANF Implementation Council, see §43-1-30.

Reimbursement of mileage and expenses of members of child care facilities advisory board, see §43-20-7.

Payment of mileage and other expenses for members of Mississippi Home Corporation, see §43-33-715.

Applicability of this section to reimbursement of expenses of members of the board on law enforcement officer standards and training and of advisors to the board, see §45-6-5.

Right of members of the state fire academy advisory board who are not state employees to receive travel expenses as provided in this section, see §45-11-8.

Reimbursement of expenses of members of radiation advisory council, see §45-14-9.

Expenses of members of the prison industries advisory council, see §47-5-329.

Reimbursement for mileage and expenses under this section for directors of nonprofit corporation formed to manage prison industries, see §47-5-541.

Expenses of members of state parole board, see §47-7-5.

Traveling expenses of departmental employees, see §49-2-19.

Travel and hotel expenses for Advisory Council created to conduct study as to costs and development of Title V, Clean Air Act, program, see §49-17-16.

Per diem compensation for members of Environmental Permit Board, see §49-17-28.

Reimbursement for mileage for members of the state forestry commission, see §49-19-1.

Applicability of this section to mileage and expenses of the directors of the Pearl River Valley Water Supply District, see §51-9-107.

Reimbursement for mileage and expenses of directors of Tombigbee River Valley Water Management District as provided in this section, see §51-13-105.

Applicability of mileage reimbursement provided by this section to local commissioners of drainage districts, see §51-29-17.

Travel expenses of Mississippi Veterans Monument Commission, see §55-15-53.

Reimbursement of expenses of members of small business consortium board, see §57-10-159.

Reimbursement of expenses of members of Mississippi Business Finance Corporation, see §57-10-167.

Applicability of expense reimbursement provisions to representatives of Mississippi on the Southern States Energy Board, see §57-25-7.

Expenses of appointed members of the Mississippi-Louisiana Rapid Rail Transit Commission, see §57-45-1.

Reimbursement of expenses of members of nuclear waste policy advisory council, see §57-49-7.

Reimbursement of expenses of members of nuclear waste technical review committee, see §57-49-11.

Payment of travel expenses for members of state port authority, see §59-5-21.

Applicability of this section to reimbursement of expenses of enforcement officers appointed by the boat and water safety commission, see §59-21-123.

Reimbursement of expenses of members of the motor vehicle commission, see §63-17-65.

Members of Appeals Board of State Transportation Commission to receive reimbursement for mileage and actual expenses, in accordance with this section, see §65-1-46.

Application of this section to reimbursement for travel expenses of members of the Department of Agriculture and Commerce Arbitration Council, see §69-3-19.

Reimbursement for expenses of members of Mississippi Egg Marketing Board, see §69-7-255.

Applicability of this section to travel expenses incurred in the examination of egg dealers and handlers by the egg marketing board, see §69-7-263.

Applicability of this section to mileage and expenses of members of the board of animal health, see §69-15-5.

Per diem allowance for members of State Soil and Water Conservation Commission, see §69-27-9.

Applicability of this section to per diem, mileage and other expenses incurred by members of Workers’ Compensation Advisory Council, see §71-3-119.

Reimbursement of expenses for members of the advisory committee to the Mississippi State Board of Architecture, see §73-2-13.

Reimbursement of expenses of members of Mississippi Auctioneers Commission, see §73-4-7.

Applicability of this section to mileage and expenses of members of the board of barber examiners, see §73-5-3.

Expense reimbursement for members of state board of chiropractic examiners, see §73-6-9.

Applicability of this section to reimbursement of expenses of members of the state board of cosmetology, see §73-7-1.

Compensation and travel expenses for members and employees of state board of cosmetology, see §73-7-3.

Reimbursement of expenses of members of the Mississippi Council of Advisors in Dietetics in accordance with this section, see §73-10-21.

Reimbursement of expenses for members of state board of funeral service, see §73-11-49.

Reimbursement of travel expenses for members of state board of licensure for professional engineers and land surveyors, see §73-13-9.

Expense reimbursement for members of state board of nursing home administrators, see §73-17-7.

Applicability of this section to reimbursement of expenses of members of the Mississippi Physical Therapy Advisory Council, see §73-23-41.

Application of this section to the compensation received by the members of the Advisory Council in Occupational Therapy, see §73-24-15.

Members of Real Estate Appraiser Licensing and Certification Board entitled to mileage and expenses authorized by this section, see §73-34-7.

Reimbursement of expenses of members of Real Estate Commission, see §73-35-5.

Reimbursement of expenses for members of board of registration for foresters, see §73-36-17.

Reimbursement of expenses of members of council of advisors in speech-pathology and audiology, see §73-38-15.

Provision as to payment of travel expenses of members of the state board of medical licensure, see §73-43-7.

Reimbursement of travel expenses for members of Registered Professional Geologists Board, see §73-63-11.

Professional Art Therapists Advisory Council reimbursement for travel expenses, see §73-65-3.

Expenses and mileage for members of Mississippi Commission on Proprietary School and College Registration, see §75-60-4.

Reimbursement of traveling expenses for members of state athletic commission, see §75-75-107.

Reimbursement of expenses of personnel of public utilities staff, see §77-3-8.

Reimbursement for mileage and travel expenses for banking examiners and commissioner of banking and consumer finance, see §81-1-71.

Payment of mileage to members of state board of banking review, see §81-3-12.

Reimbursement of expenses of members of board of directors of Comprehensive Health Insurance Risk Pool Association, see §83-9-211.

JUDICIAL DECISIONS

1. Constitutionality.

2. Expenses not reimbursed.

1. Constitutionality.

Duties and responsibilities, including allowing authority for Educational Television to contract (§37-63-11), giving concurrence for the use of funds to travel outside the continental United States (§25-3-41), advertising for and accepting bids on equipment for the State Crime Laboratory (§63-11-47), granting authority for the purchase of motor vehicles by state departments, institutions, or agencies (§25-1-77), and approving dispersement of funds by the Mississippi Air and Water Pollution Commission (§49-17-13), are administrative functions within the prerogative of the executive department, and statutes vesting those powers and functions in members of the legislature violate Miss. Const. Art. 1, § 2 and are unconstitutional. Alexander v. State, 441 So. 2d 1329, 1983 Miss. LEXIS 3007 (Miss. 1983).

2. Expenses not reimbursed.

Mayor was not entitled to mileage reimbursement because he failed to comply with this statute, which required preauthorization for mileage reimbursement, and that authorization had to be made on a case-by-case basis. Davis v. State ex rel. Hood, 198 So.3d 367, 2015 Miss. App. LEXIS 657 (Miss. Ct. App. 2015), cert. denied, 203 So.3d 596, 2016 Miss. LEXIS 379 (Miss. 2016).

OPINIONS OF THE ATTORNEY GENERAL

There is no statutory authority empowering regional library system to reimburse professional job applicants for travel expenses incurred in connection with interviewing for job vacancies within system. Williams, Jan. 24, 1990, A.G. Op. #90-0036.

Expenses incurred by council members (1) attending luncheons, dinners or banquets, or (2) traveling to and from council meetings, cannot legally be interpreted as incurred “in performance of official duties.” Compton, August 7, 1990, A.G. Op. #90-0488.

Sheriff could authorize out of county travel for deputy out of sheriff’s travel budget for necessary travel made in county patrol car without necessity of seeking additional approval of board of supervisors; if officer travels in his personal vehicle, sheriff could authorize officer to expend public funds on his meal, lodging, and other necessary expenses, except mileage as this expense would have to be approved by board of supervisors. Walters, August 22, 1990, A.G. Op. #90-0614.

Travel within city by council members, either to or from council meetings, is not reimbursable under statute. Halat, Oct. 26, 1990, A.G. Op. #90-0102.

Since Miss. Code Section 25-3-41 allows travel expenses to be reimbursed only “when any officer or employee of the state or county” is required to travel in scope of employment, if person in question is official county engineer, receiving salary under Miss. Code Section 65-17-205, then county may pay reasonable expenses for engineer to attend various professional meetings which board determines and approves in advance as being necessary and related to engineer’s county responsibilities; however, if engineer in question is independent contractor, who is being paid by county on contract basis, then such engineer may not receive any expenses unless provided for by contract. Austin, Mar. 10, 1993, A.G. Op. #93-0102.

Department of Finance and Administration, without further legislative redress, lacks authority to categorically deny reimbursement of all taxable meals. Ranck Aug. 27, 1993, A.G. Op. #93-0570.

Payment of cost of luncheon or dinner for city officers or employees in connection with seminar held by city for city officers and employees would constitute violation of law Shepard Oct. 6, 1993, A.G. Op. #93-0628.

When travel by public carrier is to location where private or state owned vehicle is not available, and transportation by motor vehicle is necessary such that rental vehicle is required, and such having previously been authorized, Section 25-3-41 authorizes such officer or employee to be reimbursed actual, reasonable and necessary expense incurred for such rental vehicle. Ranck Nov. 3, 1993, A.G. Op. #93-0819.

Under Section 25-3-41(2), travel must be duly authorized by the county board of supervisors before reimbursement can be received. Ross, April 12, 1995, A.G. Op. #95-0201.

A court reporter may not claim and be paid mileage expenses under Section 25-3-41 for travel from the court reporter’s home to his primary place of employment or “main office.” Hollimon, April 27, 1995, A.G. Op. #95-0179.

Under Section 25-3-41(4), a municipal governing authorities may in their discretion reimburse employees and officers for meals when the meal expenses are incurred in the course of travel which is not overnight and which is required in the performance of official duties. The governing authorities may define “travel” and specify which meal expenses will be reimbursed when officers and employees must travel beyond the geographic locations where they routinely work. Triggs, May 3, 1995, A.G. Op. #95-0260.

Section 25-3-41 does not allow local governing authorities to pass broadly worded reimbursement “authorizations” and that such a practice would negate the need for a case-by-case determination as to whether the reimbursement is proper. Compton, June 23, 1995, A.G. Op. #95-0346.

Whether a travel expense is incurred “in the performance of his official duties” is a factual determination to be made by the City Council on a case-by-case basis prior to the expense being authorized and incurred. Section 25-3-41 does not permit a blanket authorization. Compton, June 23, 1995, A.G. Op. #95-0346.

If a constable were given a lawful order by the court to transport a prisoner from the jail to the court, he may be entitled to mileage reimbursement as set forth in Section 25-3-41. Chapman, June 7, 1996, A.G. Op. #96-0369.

That travel expenses that are anticipated by the sheriff of a county and are specifically included in the annual budget which is approved by the board of supervisors are duly authorized as required by Section 25-3-41. Smith, August 23, 1996, A.G. Op. #96-0562.

An officer or employee of a municipality may be paid in advance for authorized travel expenses, but travel to and from council meetings, and expenses incurred attending luncheons, dinners or banquets are not legally reimbursable. Criss, July 11, 1997, A.G. Op. #97-0357.

A non-profit Mississippi corporation organized and existing for the purpose of providing public ambulance service is not subject to the provisions of the statute. Oliver, April 10, 1998, A.G. Op. #98-0183.

If a supervisor does not have a county vehicle available for use when travel is necessary, he may draw mileage pursuant to the statute, and there is no requirement that all county supervisors turn in their county owned vehicles in order for one supervisor to draw mileage. Austin, July 17, 1998, A.G. Op. #98-0332.

The county board of supervisors is the proper fact finder in determining whether a proposed travel expense will be incurred in the performance of official duties; thus, if the board determines, in advance and on a case by case basis, that travel is necessary for the proper conduct of county business and should be reimbursed, then such a finding can be made and reimbursement had although, generally speaking, traveling to and from boards of supervisors’ meetings cannot be legally interpreted as incurred in the performance of official duties. Austin, July 17, 1998, A.G. Op. #98-0332.

There is no authority for a municipality to reimburse aldermen for expenses for travel or dues for professional associations when these expenses and dues were not authorized prior to travel. Davis, July 31, 1998, A.G. Op. #98-0425.

The governing authorities could pay the travel expenses of officers who attended the convention where (1) the board, by a majority vote, approved travel to the convention by officers on the minutes on April 7, 1998, and (2) the board voted again on May 12, 1998 on an order to authorize travel expenses for officers who desired to attend the Convention and that order did not pass; payment was still permitted since the latter vote did not rescind or cancel the earlier vote. Gerhart, July 31, 1998, A.G. Op. #98-0454.

If an inmate sues the county board of supervisors and the sheriff and the trial occurs two years later out of county where overnight stay becomes a necessity, the county may reimburse the sheriff and supervisors for out of pocket expenses for the hotel, meals, and mileage, even if some of these elected officials are no longer holding public office at the time of the trial. Mullins, November 13, 1998, A.G. Op. #98-0679.

Where the governing authorities paid an alderman who owned a car for mileage expenses for travel to conference in advance of the travel, they did not have authority to also pay a second alderman who rode in the same car for mileage. Jenkins, February 19, 1999, A.G. Op. #99-0081.

This section does not apply to public transportation of Medicaid recipients who participate in the Division of Medicaid’s Non-Emergency Transportation program. Wetherbee, March 16, 1999, A.G. Op. #99-0106.

A county does not have authority to obtain credit cards for use by the board of supervisors and board attorney for use associated with county business. Austin, April 23, 1999, A.G. Op. #99-0182.

Members of the Mississippi State Board of Medical Licensure may receive travel expenses, meals, lodging, and other necessary expenses when they, after first being duly authorized, are required to travel in the performance of their official duties, and such official duties may include attending ad hoc committee meetings at times other than regular board meetings. Burnett, Dec. 3, 1999, A.G. Op. #99-0646.

The Department of Marine Resources may arrange lodging on a week-to-week basis for the duration of a legislative session in order to carry out the official duties of the department, as long as state regulations are followed in the exercise of this power. Woods, Jan. 21, 2000, A.G. Op. #99-0716.

There is no authority for governing boards of public universities, community colleges, and school districts to obtain credit cards to be issued in the names of the respective institutions to officers or employees for use in the course and scope of employment. Murray, Nov. 17, 2000, A.G. Op. #2000-0654.

A mayor does not have the authority to receive expenses for travel without prior board approval either specifically in the minutes or by official board policy adopted in the minutes. Willis, Mar. 8, 2002, A.G. Op. #02-0055.

A mayor and the aldermen may receive travel advances upon prior approval in the minutes by the board of aldermen in accordance with the guidelines adopted by the Department of Audit; however, there is no authority for advance payment of per diem. Willis, Mar. 8, 2002, A.G. Op. #02-0055.

An officer or employee of the state must obtain prior authorization for travel in order to be reimbursed for expenses incurred in travel. Ross, Sept. 6, 2002, A.G. Op. #02-0523.

Governing authorities of a municipality may, in their discretion, adopt a policy regarding reimbursement for meal expenses incident to travel which would establish a maximum daily allowance for those meals, and would not require the submission of receipts. Hammack, Mar. 14, 2003, A.G. Op. #03-0106.

Sections 19-4-1 and 19-4-7 permit the board of supervisors to delegate to the county administrator their duty to approve travel by county employees under Section 25-3-41; however, giving advance approval to certain classes of employees, rather than individual employees, to attend unspecified training classes during a particular month or similar time period, does not satisfy the requirements of Section 25-3-41. Nowak, Jan. 6, 2005, A.G. Op. 05-0625.

A county board of supervisors may, by appropriate action, increase the mileage rate for its officers and employees, and employees, or for any agency, board or commission of the county, not to exceed that allowed for state officers and employees, without increasing the mileage rate for jurors. McWilliams, Jan. 20, 2006, A.G. Op. 05-0642.

Even if travel is for official purposes, unless approved prior to the trip, a municipality is not authorized to pay for or reimburse an officer or employee for expenses related to that travel, and the approval of a claim for official travel which was not previously authorized either specifically in the minutes or by official policy of the municipality would be unlawful. Crisler, Mar. 24, 2006, A.G. Op. 06-0073.

A governing authority may define which expenses are reimbursable travel expenses, consistent with the rules and regulations of the Department of Finance and Administration. Reimbursement of travel expenses may only be made for travel authorized by a governing authority in minutes or by resolution or ordnance, and must be included in the annual budget. A governing authority can authorize a department head to approve travel it has budgeted. Only the administrative head of a municipal department may authorize travel advances. Campbell, March 23, 2007, A.G. Op. #07-00135, 2007 Miss. AG LEXIS 120.

RESEARCH REFERENCES

ALR.

Constitutional provision fixing or limiting salary of public officer as precluding allowance for expenses or disbursements. 5 A.L.R.2d 1182.

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 458, 460–464 et seq.

65 Am. Jur. 2d, Public Works and Contracts §§ 8-81.

CJS.

67 C.J.S., Officers §§ 381–385, 394, 434–436.

73A C.J.S., Public Contracts §§ 1-24, 41.

Cross References —

Reimbursement of travel expenses for special judges, see §9-1-105.

Salaries for justices of Supreme Court, see §25-3-35.

Applicability of compensation and travel expense provisions for circuit court judges to judges of the Mississippi Court of Military Appeals, see §33-13-417.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 458, 460–464 et seq.

CJS.

48A C.J.S., Judges §§ 189-214, 343–348.

67 C.J.S., Officers §§ 275-281, 287.

Editor’s Notes —

Section 11 of Chapter 448, Laws of 1950 (see now §25-1-93), declares that no section, portion or part of said chapter shall in any way be construed to apply to the Governor or the Governor’s office of the State of Mississippi. Since this code section is derived from said Chapter 448, it is probably inapplicable to the Governor or to the Governor’s office.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Cross References —

Persons before whom oath of office may be taken, see §25-1-9.

Filing oath of office of state officers, see §25-1-11.

Authority of deputy to perform duties of deceased officer, see §25-1-39.

JUDICIAL DECISIONS

1. In general.

An engineer employed by the Mississippi State Oil and Gas Board was liable to discharge at the pleasure of the supervisor of the Board under §25-3-47; since §53-1-9 modifies §25-3-47 only in relation to the hiring of employees of the Oil and Gas Board, the engineer could be terminated at any time and did not have a property interest in his employment. White v. Mississippi State Oil & Gas Bd., 650 F.2d 540, 1981 U.S. App. LEXIS 12776 (5th Cir. Miss. 1981).

RESEARCH REFERENCES

CJS.

67 C.J.S., Officers §§ 178-183.

Cross References —

Authority of deputy to perform duties of deceased officer, see §25-1-39.

RESEARCH REFERENCES

CJS.

67 C.J.S., Officers §§ 100-109, 119, 122-126, 130.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Authority of legislature to regulate deductions from salaries of public officers for neglect of duty, see Miss. Const. Art. 4, § 78.

Devolution of powers and duties of office of governor, upon absence or disability, see Miss. Const. Art. 5, § 131.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 475 et seq.

CJS.

67 C.J.S., Officers § 289-293.

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration.”

RESEARCH REFERENCES

Am. Jur.

46 Am. Jur. 2d, Judges §§ 237-251.

CJS.

48 C.J.S., Judges §§ 181-206, 327-330.

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the Department of Finance and Administration.

RESEARCH REFERENCES

Am. Jur.

46 Am. Jur. 2d, Judges §§ 237-251.

CJS.

48 C.J.S., Judges §§ 236–271.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Duty of Legislature to regulate deductions from salaries of public officers for neglect of duty, see Miss. Const. Art. 4, § 78.

Appointment of attorney to act for state during absence of Attorney General, see §7-5-31.

Terms of Supreme Court, see §9-3-3.

Adjournment of Supreme Court for absence of judge, see §9-3-5.

Appointment pro tempore of attorney to act for state during absence or inability of district attorney, see §25-31-21.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 475 et seq.

CJS.

48A C.J.S., Judges §§ 190, 191 and 212–214.

67 C.J.S., Officers §§ 398–403.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Duty of Legislature to regulate deductions from salaries of public officers for neglect of duty, see Miss. Const. Art. 4, § 78.

RESEARCH REFERENCES

Am. Jur.

63A Am. Jur. 2d, Public Officers and Employees §§ 472 et seq.

CJS.

67 C.J.S., Officers §§ 398–403.

Cross References —

Duty of Legislature to regulate deductions from salaries of public officers for neglect of duty, see Miss. Const. Art. 4, § 78.

Power of Governor to supervise official conduct of state officers, see §7-1-5.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 475 et seq.

Editor’s Notes —

Former §25-3-63 pertained to sick leave for salaried state employees. See §§25-3-91 et seq. for comparable provisions.

Former §25-3-65 pertained to vacation for salaried state employees. For comparable provisions, see §§25-3-91 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Municipalities have the local discretion to recoup the additional costs which are reasonably associated with providing a payroll deduction service for its employees pursuant to 25-3-67. Thompson, April 18, 1995, A.G. Op. #95-0240.

The statute does not limit the payroll deductions for insurance purposes only to those policies procured for the employee by the employer under the authority of Section 25-15-101. Perkins, Apr. 23, 2001, A.G. Op. #01-0204.

Municipal governing authorities do not have discretion to allow any payroll deductions beyond those listed in Section 25-3-67, which does not include wage assignments. Brown, Nov. 8, 2002, A.G. Op. #02-0649.

Payroll deductions for Sam’s Club memberships for municipal employees are not authorized. Kohnke, Jan. 14, 2005, A.G. Op. 04-0648.

Amendment Notes —

The 2005 amendment substituted “Governor, Lieutenant Governor, or Speaker of the House of Representatives” for “Governor or Lieutenant Governor” in the second sentence.

Cross References —

Lieutenant Governor, senators and representatives, see §5-1-47.

Joint legislative committee on performance evaluation and expenditure review, see §5-3-67.

Standing joint congressional redistricting committee, see §5-3-125.

Interstate cooperation, commission, see §5-5-9.

Per diem compensation for members of the Judicial Advisory Study Commission, see §9-21-39.

Appointed member of Tort Claims Board entitled to per diem and travel reimbursement, see §11-46-18.

Jury commissioner, see §13-5-6.

State grand jurors entitled to per diem compensation as provided in this section, see §13-7-15.

Hazardous waste facility siting authority, see §17-18-7.

County cooperative service districts, boards of commissioners, see §19-3-105.

Bailiffs, see §19-25-31.

Election commissioners, see §§23-15-153,23-15-211, and23-15-227.

Ethics Commission, see §25-4-13.

State personnel board, see §25-9-113.

Data Processing Authority, see §25-53-9.

Bureau of Capitol Facilities, see §29-5-6.

Development Bank Board, see §31-25-11.

Expenses and mileage of members of Mississippi Telecommunications Conference and Training Center Commission, see §31-31-5.

State Veterans’ Affairs Board, see §35-1-5.

Veteran’s Home Purchase Board, see §35-7-7.

State Board of Education, see §37-1-1.

Teacher and administrator education, certification and development, commission, see §37-3-2.

School executive management institute, advisory board see §37-3-4.

Community and Junior Colleges, state board, see §§37-4-3,37-4-4.

Per diem and mileage expenses for members of school boards, see §37-6-13.

School Accreditation Commission, see §37-17-3.

Junior college trustees, see §37-29-65.

State Board of Rehabilitation Services, see §37-33-155.

Educational television authority, see §37-63-5.

Board of Trustees of State Institutions of Higher Learning, persons attending meetings, see §37-101-3.

State Institutions of Higher Learning, board of trustees, see §37-101-9.

Board of directors of Prepaid Affordable College Tuition Program Trust Fund, see §37-155-7.

Health, state board, see §41-3-4.

Mental health, state board, see §41-4-3.

Hospital trustees for continuing education programs, see §41-7-140.

County hospitals or other health facilities, board of trustees, see §41-13-29.

County mosquito control commission, see §41-27-1.

Emergency medical advisory council, see §41-59-7.

Hospital Equipment and Facilities Authority, see §41-73-11.

Children’s Health Insurance Program Commission, per diem and expense reimbursement, see §41-86-9.

Human Services, state board, see §43-1-2.

Per diem allowable to members of TANF Implementation Council, see §43-1-30.

Child care facilities advisory board, see §43-20-7.

Family child care homes, advisory council, see §43-20-55.

Home Corporation, see §43-33-715.

State fire academy advisory board members who are not state employees, see §45-11-8.

Radiation advisory council, see §45-14-9.

Prison industries advisory council, see §47-5-329.

Nonprofit corporation formed to manage prison industries, directors, see §47-5-541.

State Parole Board, see §47-7-5.

Environmental Quality Commission, see §49-2-5.

Environmental Permit Board, see §49-17-28.

State Forestry Commission, see §49-19-1.

Pearl River Valley Water Supply District, directors, see §51-9-107.

Compensation of directors of Tombigbee River Valley Water Management District at the per diem rate specified in this section, see §51-13-105.

Drainage districts, local commissioners, see §51-29-17.

Drainage districts, county commissioners, see §51-31-13.

Urban flood and drainage control districts, directors, see §51-35-317.

Veterans Monument Commission, see §55-15-53.

Business Finance Corporation of Mississippi, Inc., see §57-10-167.

Southern States Energy Board, representatives, see §57-25-7.

Nuclear waste policy advisory council, see §57-49-7.

Nuclear waste technical review committee, see §57-49-11.

Port Authority, state, see §59-5-21.

County port authority or county development commission, see §59-9-13.

Motor vehicle commission, see §63-17-65.

Members of Appeals Board of State Transportation Commission to receive per diem in amount authorized by this section, see §65-1-46.

Central Market Board, see §69-7-105.

Egg Marketing Board, see §69-7-255.

Animal Health Board, see §69-15-5.

Medical Advisory Board of the Workers’ Compensation Commission, see 71-3-115.

Workers’ Compensation Advisory Council, see §71-3-119.

Employment Security Commission, advisory council, see §71-5-123.

Architecture board, see §73-1-11.

Landscape architecture advisory committee to the Mississippi State Board of Architecture, see §73-2-13.

Mississippi Auctioneer Commission, see §73-4-7.

Barber examiners board, see §73-5-3.

Chiropractic examiners board, see §73-6-9.

Cosmetology board, see §73-7-1.

Dental examiners board, see §73-9-43.

Funeral service board, see §73-11-49.

Engineers and land surveyors, state board of licensure, see §73-13-9.

Nursing board, see §73-15-11.

Nursing home administrators board, see §73-17-7.

Optometry board, see §73-19-13.

Public accountancy board, see §73-33-7.

Real Estate Appraiser Licensing and Certification Board, see §73-34-7.

Real Estate Commission, see §73-35-5.

Foresters, board of registration, see §73-36-17.

Speech pathology and audiology, council of advisors, see §73-38-11 et seq.

Registered Professional Geologists Board, see §73-63-11.

Athletic Commission, see §75-75-107.

Mississippi Gaming Commission, see §75-76-9.

Municipal Gas Authority of Mississippi, commissioners, see §77-6-11.

Local natural gas districts’ board of directors, see §77-15-1.

Banking Review Board, see §81-3-12.

Rural Risk Insurance Association, board of directors, see §83-38-9.

State executioner, see §99-19-53.

OPINIONS OF THE ATTORNEY GENERAL

A judge should order, pursuant to Section 25-3-69, each county to pay the bailiff’s wages for the day or days that he serves in that county. Barlow, March 10, 1995, A.G. Op. #95-0054.

Hospital trustees are entitled to receive a per diem of forty dollars authorized by Section 25-3-69 for no more than thirty-six meetings for any one calendar year. Thomas, September 27, 1995, A.G. Op. #95-0469.

Based on Sections 25-7-27(e) and 19-19-7, a constable has a duty to attend both the criminal and civil cases in justice court in his district. However, a constable may be compensated with a per diem as provided under Section 25-3-69 when such constable serves as a bailiff in civil cases only. No similar provision exists that would provide compensation to the constable for serving as bailiff in a criminal case. Thompson, September 6, 1996, A.G. Op. #96-0606.

A county board of supervisors may choose to compensate its census committee pursuant to the standard per diem rate authorized by the statute, but as there may be some overlap between the duties and responsibilities of the census committee and that of the election commission, careful records must be maintained by the two committees to avoid duplicative payments. Gore, August 14, 1998, A.G. Op. #98-0473.

A commissioner who is entitled to receive per diem compensation under this section and who arrives at an airport authority commission meeting after the commissioners transact the business on the agenda but before they vote to adjourn the meeting is technically entitled to receive per diem compensation for that day. Yancey, August 13, 1999, A.G. Op. #99-0374.

The statute permits the payment of per diem compensation to members of the Mississippi State Board of Medical Licensure for attending ad hoc committee meetings that are held at a time other than regular board meetings when such attendance is for the discharge of official duties of such members. Burnett, Dec. 3, 1999, A.G. Op. #99-0646.

A full-time firefighter, like all other municipal officers and employees, is prohibited from being a commissioner of the municipal housing authority under Miss. Code Ann. §43-33-7. The appointment of a spouse of a member of the board of aldermen as a commissioner of the municipal housing authority violates the Nepotism Statute, Miss. Code Ann. §25-1-53, except that a person serving as commissioner prior to election of their spouse to the board of aldermen may be reappointed. Tucker, March 15, 2007, A.G. Op. #07-00130, 2007 Miss. AG LEXIS 103.

Editor's Notes —

Former §25-3-73 required all state and nonstate service employees to be paid on a delayed basis, twice per month, beginning on January 1, 2001.

Editor’s Notes —

Laws of 1998, ch. 574, § 2 provides as follows:

“SECTION 2. It is the intent of the Legislature that citizens of the State of Mississippi who have physical or mental disabilities shall be afforded the opportunity to compete and participate in employment on an equal basis with persons who are not disabled, if the disabled persons are qualified and able to perform the essential functions of the employment positions that are held or sought.”

Cross References —

Application of definition of employee in computing credit for vacation pay, see §25-3-93.

Donating earned personal leave to another employee, see §25-3-95.

Creditable service, defined, see §25-11-103.

OPINIONS OF THE ATTORNEY GENERAL

There is no statutory authority for a school district to pay for employee benefits accruing to an individual as a result of previous employment with another school district. Walker, May 11, 1995, A.G. Op. #95-0319.

For purposes of determining creditable service and calculating average compensation for retirement benefits, leave accrued at rates in excess of that provided in Section 25-3-91 et seq. and the lump sum payment of personal leave in excess of thirty days would not be included. Artigues, November 8, 1996, A.G. Op. #96-0797.

Although Miss. Code Sections 25-3-91 and 25-3-95, which permit state employees to donate a certain portion of their earned personal leave or major medical leave to another employee under some circumstances, do not apply to municipal employees, municipalities may adopt ordinances or resolutions providing for a similar program in a municipality in the absence of a state statute governing a similar municipal employee leave program. Stark, July 18, 1997, A.G. Op. #97-0361.

Even when a state agency has a policy of granting administrative leave for court services or appearances, the agency may require an employee serving as a witness or juror or party litigant to take personal leave, compensatory leave, or leave without pay (where personal leave and compensatory leave have been exhausted) if the employee’s court service or appearance is not verified by the clerk of the court. Taylor, June 7, 1999, A.G. Op. #99-0207.

The E-911 Commission may adopt the county personnel policy regarding the donation of leave to co-workers. Maxwell, Oct. 4, 2002, A.G. Op. #02-0569.

Amendment Notes —

The 2015 amendment added the last sentence in (2)(b).

Cross References —

Compensatory leave for state employees required to work on legal holidays, see §25-1-98.

Administrative leave for sickness beyond an employee’s allotted days of earned sick leave, see §25-3-95.

Authority of state personnel board and director with respect to rules and regulations governing state personnel system, see §25-9-119.

Employment of agents of Mississippi Bureau of Narcotics as enforcement troopers, see §45-3-9.

JUDICIAL DECISIONS

1. Particular cases.

Mississippi Personnel Board Rule 7.22. 4(B) adopts the language of Miss. Code Ann. §25-3-92(2), which states, “‘administrative leave’ means discretionary leave with pay, other than personal leave or major medical leave.” A state employee who was under investigation for alleged improper sexual conduct continued to receive full pay and benefits for the duration of the employee’s leave, and the state agency was not required to give the employee the opportunity for a hearing within twenty days, even though Personnel Board Rule 9.20 states that an employee “suspended immediately with pay” must be given a hearing within twenty days, as the written notice placing the employee on administrative leave stated the leave was to be “until further notice”; thus, the employee was not denied due process. Davis v. Miss. State Dep't of Health, 856 So. 2d 485, 2003 Miss. App. LEXIS 286 (Miss. Ct. App.), cert. denied, 860 So. 2d 315, 2003 Miss. LEXIS 674 (Miss. 2003).

OPINIONS OF THE ATTORNEY GENERAL

The Adjutant General is not entitled to compensatory leave under any provision of state law and need not provide written documentation of his work schedule except to the extent required by the Governor. Pearson, May 13, 1992, A.G. Op. #92-0212.

Employees that work hours in excess of their normal work period are entitled to compensatory time off in accordance with state law, irrespective of the requirements of federal law. Head, June 25, 1992, A.G. Op. #92-0444.

Under Section 25-3-92 the legislature did not intend for any accumulated unused compensatory leave to be counted as creditable service for the purposes of the retirement system. Keating, January 19, 1996, A.G. Op. #96-0017.

Both the Commissioner of Corrections and the Deputy Commissioners come within the meaning of “employee”, as used in the statute and are eligible for compensatory leave, when in the opinion of the appointing authority, it is essential that they work after normal hours. Anderson, May 8, 1998, A.G. Op. #98-0229.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an enacting error in the second sentence of (4). The word “or” was added following “employee requiring absences of one (1) day.” The Joint Committee ratified the correction at its July 8, 2004, meeting.

Section 1 of ch. 341, Laws of 2005, effective from and after July 1, 2005, amended this section. Section 1 of ch. 411, Laws of 2005, effective from and after passage (approved March 16, 2005), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 341, Laws of 2005, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taken effect earlier.

Editor’s Notes —

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, a typographical error in the third sentence of (4) was corrected by substituting “…used for the first day of an employee’s illness…” for “…used for the first day of an employees illness…”

Laws of 2014, ch. 495, § 1 provides:

“SECTION 1. This act shall be known and cited as the ‘Gale Stauffer, Jr., and Joseph Maher Law Enforcement Appreciation Act of 2014’.”

Amendment Notes —

The first 2005 amendment (ch. 341) substituted “and employees of the public universities who do not contribute to the Mississippi Public Employees’ Retirement System or the State Institutions of Higher Learning Optional Retirement Program” for “temporary employees of the public universities who work less than twenty (20) hours per week for a period of less than five (5) months during a fiscal year and recipients of full-time educational leave while on such leave” in the second sentence of (1)(b); and deleted the former second paragraph of (6), which read: “This subsection shall stand repealed from and after July 1, 2005.”

The second 2005 amendment (ch. 411) deleted the former second paragraph of (6), which read: “This subsection shall stand repealed from and after July 1, 2005.”

The 2014 amendment, in (5), substituted “state law enforcement officer” for “officer of the Mississippi Highway Safety Patrol” in the first sentence and added the second sentence.

Cross References —

Payment to employee’s beneficiary of money earned and not paid if employee dies having accumulated annual leave to his credit, see §25-3-97.

Applicability of this section to the computation of creditable service of elected officials, see §25-11-109.

Eight public universities generally, see Title 37, Chapters 113 through 127.

Employment of agents of Mississippi Bureau of Narcotics as enforcement troopers, see §45-3-9.

JUDICIAL DECISIONS

1. No basis for termination.

Because an employee out on temporary total disability for a work-related injury was not on a leave of absence, a termination based on Miss. Code Ann. §25-3-93(2) was not supported by substantial evidence; moreover, an employer provided no written policy relating to terminating employees who had been absent for more than one year. Moeller v. Miss. Dep't of Human Servs., 955 So. 2d 956, 2007 Miss. App. LEXIS 281 (Miss. Ct. App. 2007).

OPINIONS OF THE ATTORNEY GENERAL

Municipal governing authorities have authority to adopt leave policy and provide for payment to terminated employees for unused personal leave up to maximum of thirty (30) days; if governing authorities have adopted such policy and employee upon termination has accumulated unused personal leave, he would be entitled to compensation within guidelines of adopted policy on same basis as other employees. Coats, March 15, 1990, A.G. Op. #90-0192.

No statute provides maternity leave benefits for state employees; natural childbirth mother may use annual leave for pregnancy and/or childbirth, and state employee may use annual leave while taking care of adopted infant. Ranck, July 2, 1992, A.G. Op. #92-0508.

If former community college president had 14 days of unused accumulated personal leave for which he could be paid under state law at time he left college, he would be entitled to payment for 14 days he took during paid leave of absence to conduct business on behalf of college. Bradley, Sept. 2, 1992, A.G. Op. #92-0637.

When employee is no longer performing any work for agency and has no plan or intention to return to work but is merely exhausting his or her personal leave before formally resigning position, termination of employment has effectively occurred as of date employee last worked; such employee would be entitled to receive payment for not more than thirty days accumulated leave, and all other leave is to be counted as creditable service for retirement purposes. Dyson, Sept. 2, 1992, A.G. Op. #92-0698.

Limitation placed on appointing authority in granting earned and accumulated personal leave to employee is that said appointing authority can grant no more personal leave than that which has been accumulated or earned by employee. Head, Nov. 29, 1993, A.G. Op. #93-0824.

If individual is employee occupying position in state service or non-state service, then individual will be eligible for personal and sick leave benefits. Ranck, Jan. 10, 1994, A.G. Op. #93-0949.

A judge would be entitled to additional creditable service for retirement purposes in accordance with the provisions of sections 25-3-93 and 25-3-95. Truly, March 10, 1995, A.G. Op. #95-0057.

The Governor or the appointing authority of the affected state agencies have the discretion, pursuant to Section 25-3-93(2)(b), to grant administrative leave to state employees previously placed in furlough status if federal funds have been made available to compensate such employees for the furlough period. Maher, November 29, 1995, A.G. Op. #95-0820.

If the assistant district attorney’s employment status with the state is being terminated in favor of an elected office, he is entitled to be paid for not more than thirty days of accumulated personal leave, with unused personal leave in excess of thirty days to be counted as creditable service for purposes of retirement, all as provided in Section 25-3-93(4). Ranck, February 8, 1996, A.G. Op. #95-0856.

Pursuant to Section 25-3-93(4) and 25-3-97(5) if the district attorneys have adopted leave policies identical to the state and those policies authorize the transfer of accumulated leave from one district attorney’s office to another, similar to a transfer between state agencies, then all such accumulated leave would be transferable. There would be no authority for the former employer to make a lump sum payment under these circumstances. Ranck, April 9, 1996, A.G. Op. #96-0170.

A break in service would not include the lapse of one non-work day, but would include the acceptance of a lump sum payment for personal leave. See Section 25-3-95. Ranck, April 9, 1996, A.G. Op. #96-0170.

An agent of the Bureau of Narcotics, though classified as an enforcement officer after training by the Mississippi Highway Safety Patrol, is not the equivalent of an officer of the Highway Patrol and, except for certain described individuals, is not an officer of the Highway Patrol and, unlike the latter, must use earned major medical leave or personal leave during the period of recovery from injury, wound or accident sustained in the line of duty. Jones, January 9, 1998, A.G. Op. #97-0768.

Bureau of Narcotics agents who have been designated as officers of the Mississippi Highway Safety Patrol do not have to expend earned major medical or personal leave while recuperating from on-duty injuries. Jones, March 13, 1998, A.G. Op. #98-0111.

The statute does not apply to employees of a county school district. Ball, Nov. 19, 2000, A.G. Op. #2000-0650.

Where an employee takes compensatory time for the last several weeks of his employment with a county prior to the effective date of his resignation, the employee is not eligible to continue to participate in State Retirement during such period. Yancey, Mar. 23, 2001, A.G. Op. #01-0102.

Section 25-11-103(i) authorizes a political subdivision to tailor a local personnel policy of its own, affording more or less leave benefits than those afforded state employees. However, if a political subdivision, such as a water and sewer district, affords more leave benefits to its employees such leave policies may not enlarge the benefits afforded to such employees in the state retirement system and such leave should not be reported to the PERS. Fonda, Feb. 27, 2004, A.G. Op. 04-0054.

Joint Legislative Committee Note —

Section 2 of ch. 341, Laws of 2005, effective from and after July 1, 2005, amended this section. Section 2 of ch. 411, Laws of 2005, effective from and after passage (approved March 16, 2005), also amended this section. As set out above, this section reflects the language of Section 2 of ch. 341, Laws of 2005, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taken effect earlier.

Section 1 of ch. 342, Laws of 2014, effective from and after July 1, 2014 (approved March 14, 2014), amended this section. Section 3 of ch. 495, Laws of 2014, effective from and after passage (approved April 16, 2014), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the July 24, 2014, meeting of the Committee.

Editor’s Notes —

Laws of 2014, ch. 495, § 1 provides:

“SECTION 1. This act shall be known and cited as the ‘Gale Stauffer, Jr., and Joseph Maher Law Enforcement Appreciation Act of 2014’.”

Amendment Notes —

The first 2005 amendment (ch. 341) rewrote the first paragraph of (1); substituted “March 25, 2003” for “the effective date of Senate Bill No. 2317, 2003 Regular Session” in (8)(f) and (8)(k); and deleted former (8)(o) which read: “This subsection shall stand repealed from and after July 1, 2005.”

The second 2005 amendment (ch. 411) substituted “March 25, 2003” for “the effective date of Senate Bill No. 2317 2003 Regular Session” once in (8)(f) and twice in (8)(k); and repealed former (8)(o), which contained a repealer for (8).

The 2008 amendment added (2)(b); and made a minor stylistic change.

The first 2014 amendment (ch. 342) added (9).

The second 2014 amendment (ch. 495), in (6), substituted “state law enforcement officer” for “officer of the Mississippi Highway Safety Patrol” in the first sentence and added the second sentence.

Cross References —

Use of personal leave for the first day an employee’s illness, and for an illness in the employee’s immediate family, see §25-3-93.

Applicability of this section to the computation of creditable service of elected officials, see §25-11-109.

Eight public Universities generally, see Title 37, chapters 113 through 127.

Employment of agents of Mississippi Bureau of Narcotics as enforcement troopers, see §45-3-9.

Worker’s Compensation Law, see §§71-3-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Municipalities may adopt leave policies which exceed the benefits available to state employees via statute. Ramsay, June 3, 1992, A.G. Op. #92-0361.

No statute provides maternity leave benefits for state employees; natural childbirth mother may use major medical leave for pregnancy and/or childbirth. Ranck, July 2, 1992, A.G. Op. #92-0508.

A judge would be entitled to additional creditable service for retirement purposes in accordance with the provisions of sections 25-3-93 and 25-3-95. Truly, March 10, 1995, A.G. Op. #95-0057.

A break in service would not include the lapse of one non-work day, but would include the acceptance of a lump sum payment for personal leave. See Section 25-3-93 Ranck, April 9, 1996, A.G. Op. #96-0170.

Although Miss. Code Sections 25-3-91 and 25-3-95, which permit state employees to donate a certain portion of their earned personal leave or major medical leave to another employee under some circumstances, do not apply to municipal employees, municipalities may adopt ordinances or resolutions providing for a similar program in a municipality in the absence of a state statute governing a similar municipal employee leave program. Stark, July 18, 1997, A.G. Op. #97-0361.

An agent of the Bureau of Narcotics, though classified as an enforcement officer after training by the Mississippi Highway Safety Patrol, is not the equivalent of an officer of the Highway Patrol and, except for certain described individuals, is not an officer of the Highway Patrol and, unlike the latter, must use earned major medical leave or personal leave during the period of recovery from injury, wound or accident sustained in the line of duty. Jones, January 9, 1998, A.G. Op. #97-0768.

Bureau of Narcotics agents who have been designated as officers of the Mississippi Highway Safety Patrol do not have to expend earned major medical or personal leave while recuperating from on-duty injuries. Jones, March 13, 1998, A.G. Op. #98-0111.

Provided a leave policy has been lawfully adopted, and if such policy tracks the language as found in the statute, the medical evidence required must be such as to support the employer’s finding that the employee’s physical or mental condition is such that the employee can no longer work in such a capacity for state government or its equivalent under the adopted policy; such evidence may include certification by a medical doctor of such in capacity. Ranck, August 14, 1998, A.G. Op. #98-0313.

In the absence of any provision under state law for a municipal leave donation program, a municipality under the authority of home rule may adopt or enact a program similar to the one applicable to state employees under subsection (8) of this section. Mitchell, August 6, 1999, A.G. Op. #99-0372.

The phrase “hours of service” as used in subdivision (8)( l )(ii) of this section includes actual hours worked in addition to any paid time off using accrued vacation or medical leave. The phrase does not include any unpaid leave. Horhn, July 18, 2003, A.G. Op. 03-0308.

Section 25-11-103(i) authorizes a political subdivision to tailor a local personnel policy of its own, affording more or less leave benefits than those afforded state employees. However, if a political subdivision, such as a water and sewer district, affords more leave benefits to its employees such leave policies may not enlarge the benefits afforded to such employees in the state retirement system and such leave should not be reported to the PERS. Fonda, Feb. 27, 2004, A.G. Op. 04-0054.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

OPINIONS OF THE ATTORNEY GENERAL

State law and regulations governing the Statewide Personnel System do not reflect a right of state employees classified as exempt under the Federal Labor Standards Act to payment for accumulated compensatory time. Head, June 25, 1992, A.G. Op. #92-0444.

Limitation placed on appointing authority in granting earned and accumulated personal leave to employee is that said appointing authority can grant no more personal leave than that which has been accumulated or earned by employee. Head Nov. 29, 1993, A.G. Op. #93-0824.

Pursuant to Section 25-3-93(4) and 25-3-97(5) if the district attorneys have adopted leave policies identical to the state and those policies authorize the transfer of accumulated leave from one district attorney’s office to another, similar to a transfer between state agencies, then all such accumulated leave would be transferable. There would be no authority for the former employer to make a lump sum payment under these circumstances. Ranck, April 9, 1996, A.G. Op. #96-0170.

Section 25-3-97 refers to persons appointed to a position in state service or non-state service as defined in Section 25-9-107. Ranck, August 14, 1998, A.G. Op. #98-0313.

The statute authorizes the transfer of leave when a state employee transfers from one state agency to another, but does not provide for the transfer of leave accrued by employees who are not state service or nonstate service. Ranck, August 18, 1998, A.G. Op. #98-0314.

Consistent with and pursuant to IRS Revenue Ruling 86-109, neither federal nor state income taxes would be deducted from payments of accrued wages or vacation pay issued to a deceased state employee’s designee or successor. Ranck, June 18, 1999, A.G. Op. #99-0230.

An employee who transferred between community colleges prior to July 1, 1998, is not entitled to leave that accumulated at the first community college; further, the employee could not have transferred leave under the pre-1998 statutory language, which allowed transfer of accumulated leave between state agencies. Michael, Apr. 27, 2001, A.G. Op. #01-0260.

Community and junior colleges are not covered by the state’s leave law, but retain the authority to adopt their own leave policies so long as provisions therein for retirement credit do not exceed the state law provisions. Ready, Oct. 31, 2003, A.G. Op. 03-0331.

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 1.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

RESEARCH REFERENCES

Law Reviews.

Legislator Guilty of Misdemeanor if He Has Direct Interest in Contract Authorized by Legislature. 52 Miss. L. J. 659, September 1982.

Editor’s Notes —

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 2.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 1.

Amendment Notes —

The 2008 amendment added “or a nonprofit corporation or other such entity, association or organization receiving public funds” at the end of (b); added (f) and redesignated former (f) through (j) as present (g) through (k); added ( l ); and made minor stylistic changes.

Federal Aspects—

Section 301 of the Federal Election Campaign Act of 1971 is codified in 2 USCS § 431.

Editor’s Notes —

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 3.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 2.

Amendment Notes —

The 2008 amendment added (6).

JUDICIAL DECISIONS

1. In general.

Step-son of asphalt company owner, who was also a governmental board member, bid on public construction project, and the step-son was awarded the project; the Mississippi Ethics Commission erred in determining that step-son was a relative because Miss. Code Ann. §25-4-103(q) was plain, clear, and unambiguous, and “step-son” was not included in the statutory definition of relative. Miss. Ethics Comm'n v. Grisham, 957 So. 2d 997, 2007 Miss. LEXIS 328 (Miss. 2007).

Statute providing that proceedings and records of state Ethics Commission were to be kept confidential, would not authorize Commission to disobey properly ordered subpoena from state Supreme Court, issued at behest of Committee on Professional Responsibility; Commission is a statutory commission subordinate to Supreme Court and its agencies. Mississippi Ethics Comm'n v. Committee on Professional Responsibility of the Miss. Bar, 672 So. 2d 1222, 1996 Miss. LEXIS 145 (Miss. 1996).

In declaratory judgment action brought by State Ethics Commission regarding conflicts of interest involving public officials, collateral attack upon Commission’s membership, alleging unconstitutional and illegal appointment, could not be allowed. Frazier v. State, 504 So. 2d 675, 1987 Miss. LEXIS 2394 (Miss. 1987).

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 4.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, an error in the text of the section was corrected by substituting “…nor more than sixty (60) days after November 15, 1979…” for “…nor more than sixty (60) days after the effective date of this chapter…”

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 5.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 6.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 7.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

Cross References —

Provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 8.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 3.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

Amendment Notes —

The 2008 amendment deleted the former second paragraph of (1), which prohibited reimbursement for meals, lodging, and travel expenses while attending functions not directly related to commission business.

OPINIONS OF THE ATTORNEY GENERAL

Section 25-4-15 is sufficient authority for the Mississippi Ethics Commission to delegate its authority to issue subpoenas to its executive director once an official investigation in the matter has been initiated by the Commission. Crowe, December 6, 1996, A.G. Op. #96-0800.

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 9.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 4.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, errors in this section were corrected as follows: in (i)(i), “…set forth in Article 3 of this chapter…” was substituted for “…set forth in Article 3, Chapter 4, Title 25, Mississippi Code of 1972…,” and in (i)(ii), “Any written opinion of the executive director…is not binding…” was substituted for “Any written opinion of the executive director…are not binding…”

Amendment Notes —

The 2008 amendment, rewrote (e); substituted “in furtherance of the purposes of this chapter and to” for “which shall” near the beginning of (g); rewrote (h); added (i)(ii) and (k); and made minor stylistic changes.

JUDICIAL DECISIONS

1. In general.

If Attorney General declines to file suit referred to him by state agency such as State Ethics Commission, where matter is of serious concern to state government, then that agency, if it determines its duties and responsibilities to so require, is at least entitled to have some court pass upon whether it should have its full day in court; if court determines that subject matter of litigation is one which agency is called upon to protect and enforce, agency should have full day in court, including right to legal representation; Attorney General’s refusal to represent agency does not deprive court of authority to keep jurisdiction and entertain action; in event of disagreement, court and not Attorney General should make final determination as to whether or not agency is carrying out lawful functions for which it was created. Frazier v. State, 504 So. 2d 675, 1987 Miss. LEXIS 2394 (Miss. 1987).

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 10.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws, 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws, 1995, ch. 360, § 20, so as to delete the repealer provision.

Cross References —

Duty of Attorney General to give written opinions, generally, see §7-5-25.

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 11.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 5.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

Amendment Notes —

The 2008 amendment added (a)(ii), inserted “when necessary” in (d); inserted “or referred to the commission by the Joint Legislative Committee on Performance Evaluation and Expenditure Review” in (e); substituted “paragraph (f)” for “item (f)” in (g)(ii); and added (h).

Cross References —

Exemption of commission, in certain instances, from requirements of confidentiality, see §25-4-23.

JUDICIAL DECISIONS

1. Construction with other sections.

In the context of standing, while any person may file a complaint with the Mississippi Ethics Commission under Mississippi law, only local district attorneys, the Mississippi Attorney General, or the Commission itself may file direct actions in court challenging the ethical conduct of public officials. As a result, where the parents sought reversal of the confirmations of two school board members by the city council, alleging that certain council members were required to have recused themselves due to conflicts of interest, the parents were not “persons aggrieved” for purposes of Miss. Code Ann. §11-51-75, and they did not meet the statutory requirements to file a bill of exceptions under the facts presented; their sole remedy was to file a complaint with the Commission. City of Jackson v. Greene, 869 So. 2d 1020, 2004 Miss. LEXIS 337 (Miss. 2004).

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 12.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 6.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, an error in a statutory reference in (1)(c) was corrected by substituting “…covered in paragraph (a) or (b) of this subsection (1)…” for “…covered in paragraph (a) or (b) of this section…”

Amendment Notes —

The 2008 amendment, rewrote (1); and added (2) and (3).

Cross References —

Powers of commission, generally, see §25-4-19.

Exemption of commission, in certain instances, from requirements of confidentiality, see §25-4-23.

RESEARCH REFERENCES

Law Reviews.

Ray, Constitutional and statutory authority of the Attorney General to prosecute actions. 59 Miss. L. J. 165, Spring, 1989.

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 13.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

Cross References —

Penalty for violating confidentiality of commission’s proceedings, see §25-4-31(1).

JUDICIAL DECISIONS

1. In general.

Statute providing that proceedings and records of state Ethics Commission were to be kept confidential, would not authorize Commission to disobey properly ordered subpoena from state Supreme Court, issued at behest of Committee on Professional Responsibility; Commission is a statutory commission subordinate to Supreme Court and its agencies. Mississippi Ethics Comm'n v. Committee on Professional Responsibility of the Miss. Bar, 672 So. 2d 1222, 1996 Miss. LEXIS 145 (Miss. 1996).

Privilege of confidentiality protecting state Ethics Commission’s investigations extends to material in public domain, even if information has been publicly disclosed. Mississippi Ethics Comm'n v. Committee on Professional Responsibility of the Miss. Bar, 672 So. 2d 1222, 1996 Miss. LEXIS 145 (Miss. 1996).

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 14.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 7.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

Amendment Notes —

The 2008 amendment substituted “paragraph (a)” for “item (a)” in (c); and added (f).

Cross References —

Duty of commission to issue advisory opinions upon written request, see §25-4-17.

Contents of statement of economic interest, see §25-4-27.

Time for filing of statement, see §25-4-29.

Penalty for willful filing of false statement, see §25-4-31(2).

Penalty for willful failure to file statement, see §25-4-31(3).

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 15.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 8.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, effective from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

Amendment Notes —

The 2008 amendment rewrote the section.

Cross References —

Duty of commission to issue advisory opinions upon written request, see §25-4-17.

Penalty for willful filing of false statement, see §25-4-31(2).

Penalty for willful failure to file statement, see §25-4-31(3).

Editor’s Notes —

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 9.

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 16.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 10.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, eff from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, an error in a statutory reference in (1)(a) was corrected by substituting “…paragraphs (a), (b), (c) and (e) of Section 25-4-25…” for “…items (a), (b), (c) and (e) of Section 25-4-25…”

Amendment Notes —

The 2008 amendment substituted “paragraph (a)” for “item (a)” near the end of (1)(e); and added (2).

The 2011 amendment substituted “deadline for qualification for that” for “time that such person becomes a candidate for” preceding “public office” in (1)(b); in (2), deleted “restricted delivery” following “United States mail” in the second sentence, substituted “Fifty Dollars ($50.00)” for “Ten Dollars ($10.00)” and inserted “not to exceed a total fine of One Thousand Dollars ($1,000.00)” in the third sentence; and inserted “for the support of the Mississippi Adequate Education Program” following “State General Fund” in the last sentence.

Cross References —

Mississippi Adequate Education Program, see §§37-151-1 et seq.

Editor’s Notes —

The United States Attorney General, by letter dated August 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws of 1995, ch. 360, § 17.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 11.

Laws of 1995, ch. 360, § 20, provided for the repeal of this section effective from and after December 31, 1998. Subsequently, Laws of 1998, ch. 350, § 18, eff from and after the date it is effectuated under the Voting Rights Act of 1965, amended Laws of 1995, ch. 360, § 20, so as to delete the repealer provision.

Amendment Notes —

The 2008 amendment substituted “Ten Thousand Dollars ($10,000.00)” for “Five Thousand Dollars ($5,000.00)” in (2); and rewrote (3).

Cross References —

Confidentiality of commission proceedings, see §25-4-23.

Persons required to file a statement of economic interest, see §25-4-25.

Contents of statement of economic interest, see §25-4-27.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor or felony violation, see §99-19-73.

Cross References —

Authority of the ethics commission to issue advisory opinions with regard to any standard of conduct set forth in this section, see §25-4-17.

Public officials not to derive income from issuance of bonds by Mississippi Home Corporation, see §43-33-763.

JUDICIAL DECISIONS

1. In general.

Step-son of asphalt company owner, who was also a governmental board member, bid on public construction project, and the step-son was awarded the project; the Mississippi Ethics Commission erred in determining that step-son was a relative because Miss. Code Ann. §25-4-103(q) was plain, clear, and unambiguous, and “step-son” was not included in the statutory definition of relative. Miss. Ethics Comm'n v. Grisham, 957 So. 2d 997, 2007 Miss. LEXIS 328 (Miss. 2007).

A public servant with purely ministerial duties and with no power to vote on matters considered by the governmental entity with which he or she is associated is not considered a “member” of that entity as the term is applied in §§25-4-101 et seq of the Ethics in Government laws. Moore ex rel. Chickasaw County v. McCullough, 633 So. 2d 421, 1993 Miss. LEXIS 505 (Miss. 1993).

ETHICS OPINIONS

It is against the public policy set forth in §25-4-101 for a state agency’s district officer to serve simultaneously as the president of a board of directors of a facility that is under his and his staff’s jurisdiction regarding issuance of a certain permit that the facility is required to have in order to operate. Op. of Miss. Ethics Comm. Op. No. 97-051-E.

An alderman who is also a member of a community college’s faculty should recuse himself from any matter coming before the municipal governing authority that involves his community college employer in order to avoid an appearance of impropriety and to avoid using his official position to obtain a pecuniary benefit for himself. Op. of Miss. Ethics Comm. Op. No. 97-144-E.

A municipal council member, who is an employee of the municipal school district, is always advised to totally and completely recuse himself or herself from matters involving the appointment of municipal school board members in order to comply with the public policy set forth in §25-4-101 and to avoid a potential violation of §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 98-013-E.

A municipal council member, who is an employee of the municipal separate school district, must always totally and completely recuse himself or herself from matters involving the appointment of members to the municipal separate school board of trustees in order to comply with the public policy set forth in this section and to avoid a potential violation of §25-4-105 (1). Op. of Miss. Ethics Comm. Op. No. 98-023-E.

An attorney who is serving as counsel to the city’s port commission may not simultaneously be employed by casino developers that are seeking casino site approval from the city port commission. Op. of Miss. Ethics Comm. Op. No. 98-064-E.

It is not a violation of the state conflict of interest laws for a housing authority employee/manager to employ in his or her private business a resident of the housing authority site he or she manages. Op. of Miss. Ethics Comm. Op. No. 98-074-E.

An alderman’s participation in discussions and/or action with regard to a water and sewer extension to undeveloped real property belonging to the firm’s owners, when the alderman in question is employed by the firm, has the potential of creating suspicion among the public and reflecting unfavorably upon the city; and, therefore, the alderman should recuse himself. Op. of Miss. Ethics Comm. Op. No. 98-088-E.

A state commission may not temporarily hire an attorney to serve as its staff attorney and to represent it in court or before other state or federal agencies when other members of the attorney’s law firm will represent clients before the state commission, even if the attorney has no duties in regard to the proceedings in which his law firm is participating before the state commission. Op. of Miss. Ethics Comm. Op. No. 98-095-E.

The city’s contracting with a construction company when it is owned by an individual who is also the employer of an alderman has the potential of creating suspicion among the public and reflecting unfavorably upon the city; therefore, the city should not authorize the contract with the construction company in order to comply with the public policy underlying this section. Op. of Miss. Ethics Comm. Op. No. 98-100-E.

A state employee may coauthor publications that pertain to subjects in the state employee’s area of expertise where the publications’ topics are unrelated to the current research with the state agency, the work on the publications will be performed during personal time and will not involve the use of the state agency’s facilities, equipment, research and/or personnel, the employee will receive no pecuniary benefit for the work on the publications, and the employee’s coauthoring the publications will comply with all of the state agency’s policies and procedures. Op. of Miss. Ethics Comm. Op. No. 99-040-E.

A municipal police officer may be a private process server during his off-duty hours, but may not act as a private process server in any cause of action before the Municipal Court of the municipality employing him as a police officer. Op. of Miss. Ethics Comm. Op. No. 99-041-E.

The state conflict of interest laws do not prohibit an executive director of a state agency from attending night and/or weekend real estate classes in an effort to obtain a realtor’s license, from entering into consulting contracts with firms, institutions, associations, organizations and individuals, or from working in the real estate business; however, the executive director should absolutely avoid contracts with private entities to do consultant and/or real estate work when those private entities are directly or indirectly involved with the state agency or are subject to the state agency’s authority since such would create suspicion among the public and reflect unfavorably upon the state and the state agency. Op. of Miss. Ethics Comm. Op. No. 99-042-E.

A state legislator’s company may not continue to manage an office building owned by a state corporation that is established by state law as a governmental instrumentality when the state legislator’s company managed the building prior to the state legislator’s election. Op. of Miss. Ethics Comm. Op. No. 99-072-E.

The statute precludes a bail bonding company owned by a constable’s spouse or a bail bonding company owned by a police officer’s spouse from writing bail bonds for the release of defendants confined in the county or city jails respectively as such actions are contrary to public policy and a breach of the public trust. Op. of Miss. Ethics. Comm. Op. No. 99-092-E.

Although a city council member may be employed at a casino located in the council member’s city and owned by a gaming corporation that has no contracts, rental agreements or otherwise, with the city under §24-5-105, such employment is prohibited by this section as contrary to public policy and conflicting with the public trust obligations required of a council member. Op. of Miss. Ethics Comm. Op. No. 99-095-E.

A bail bonding company using a soliciting agent to write bail bonds in a county in which its soliciting agent’s spouse is a county constable or a bail bonding company using a soliciting agent to write bail bonds in a city in which its soliciting agent’s spouse is a city police officer constitute circumstances with the potential to create suspicion among the public and reflect unfavorably upon the county or city and, therefore, the county and/or city law enforcement entities must establish rules and procedures to prevent the constable/police officer from violating the conflict of interest laws; without the establishment of such rules and procedures, the use by a bail bonding company of a soliciting agent to write bail bonds for the release of defendants confined in the jail of a law enforcement entity in which the soliciting agent’s spouse serves as a law enforcement officer is contrary to public policy and should be avoided. Op. of Miss. Ethics. Comm. Op. No. 99-106-E.

A board member of a county port authority is prohibited from entering into a memorandum of understanding with the county port authority as a property owner agreeing to acquire county port authority water and sewer services which may become available through a proposed water and sewer extension and a port authority entering into such a memorandum of understanding has the potential to create suspicion among the public and this would reflect unfavorably upon the port authority. Op. of Miss. Ethics. Comm. Op. No. 99-110-E.

A school district may not sell property to a rural water association when the president of the school board is also the president of the rural water association as such a sale could be expected to create public suspicion and reflect unfavorably on the school district. Op. of Miss. Ethics. Comm. Op. No. 99-111-E.

Although it is not as such a violation of the conflict of interest laws for a town to purchase land from the mayor’s father-in-law at its appraised value when the land has been designated essential for water facility expansion, the mayor should totally and completely recuse himself from all matters concerning the town’s purchase of the mayor’s father-in-law’s land in order to comply with public policy and prevent any appearance of impropriety. Op. of Miss. Ethics. Comm. Op. No. 99-113-E.

Although it is not as such a violation of the state conflict of interest laws for a legislator to be employed by a casino or for a legislator’s father to carry a key gaming license from a casino, the legislator would be required to totally and completely recuse himself from any action that concerned the gaming industry. Op. of Miss. Ethics. Comm. Op. No. 99-114-E.

The state’s public policy on elective and public office as public trusts is sufficient to prohibit an individual from simultaneously serving as chancery clerk and as trustee of a community college. Op. of Miss. Ethics. Comm. Op. No. 99-116E.

Members of a state board should totally and completely recuse themselves from matters coming before the state board that have even the appearance of perpetuating specific advantages or disadvantages that could benefit facilities with which the board members are associated. Op. of Miss. Ethics. Comm. Op. No. 99-121-E.

The state’s public policy on public service as a public trust prohibited the trustees of a community hospital from serving on and appointing themselves to serve on the board of directors of a nonprofit corporation which sought to lease the community hospital from the county board of supervisors. Op. of Miss. Ethics. Comm. Op. No. 99-123-E.

The appointment of a planning and development district employee to a community college board of trustees had the potential to create public suspicion and reflect unfavorably on the planning and development district and the community college by preventing the community college from having access to the services and expertise available throughout the planning and development district. Op. of Miss. Ethics. Comm. Op. No. 99-124-E.

The employment of an alderman by the tax assessor/collector’s office within the county in which the alderman’s municipality was located had the potential to create public suspicion and reflect unfavorably on the county tax assessor/collector’s office and the municipality as this circumstance removed from the municipality the option to enter into an interlocal agreement with the county and benefit from the services that the county tax assessor/collector’s office can provide the municipality. Op. of Miss. Ethics. Comm. Op. No. 99-125-E.

Although a company could maintain an existing sixteenth section land lease, even though the principal owner of the company had been elected to serve on the county board of supervisors, the owner/board member would be required to recuse himself from any matter concerning sixteenth section land leases once he was sworn into office. Op. of Miss. Ethics. Comm. Op. No. 99-126-E.

The service of a community hospital’s president on the board of directors of the community hospital’s depository has the potential to create public suspicion and reflect unfavorably upon the community hospital and, therefore, the community hospital’s president should not accept the position on the bank’s board of directors in compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 99-129-E.

A senior planner for a regional planning commission that served as the metropolitan planning commission for the region within which a city was located could not simultaneously serve on the city’s planning commission as to do otherwise would not comply fully with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 99-130-E.

The appointment of a county supervisor’s spouse to a county planning commission when the planning commission’s administrative decisions are appealable to the board of supervisors constitutes a circumstance that can be expected to create public suspicion and reflect unfavorably upon the county and the planning commission and, therefore, in order to comply fully with the mandate set forth in the statute, the board of supervisors should avoid appointing a supervisor’s spouse to the planning commission. Op. of Miss. Ethics. Comm. Op. No. 00-001-E.

An individual serving as a member of a board of levee commissioners who also was an officer and part owner of a corporation holding a long-term lease with the board of levee commissioners constituted a circumstance that had the potential to create public suspicion and reflect unfavorably on the board of levee commissioners and the individual could not continue to seek election to the board of levee commissioners if his corporation intended to maintain its lease with the board of levee commissioners; to do otherwise would be contrary to the state’s public policy set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-003-E.

A board attorney for a school district who is also serving on the board of directors of the school district’s depository is in a situation that creaes a potential for creating public suspicion and reflects unfavorably upon the school district and, therefore, such a circumstance should be avoided in order to comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-005-E.

A district attorney using his own personal law office for district attorney office duties and paying the utilities and/or ad valorem taxes of the office out of the district attorney’s bad check unit funds is in a circumstance that has the potential to create public suspicion and reflect unfavorably on the district attorney’s office and, therefore, such a circumstance should be avoided for full compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-006-E.

Service by a state department employee as a corporate officer or member of the board of directors of a nonprofit corporation whose purpose is to promote cooperation between public and private entities regarding the area of responsibility under the jurisdiction of the state department is clearly a circumstance that has the potential to create public suspicion and reflect unfavorably upon the state department and, therefore, such a circumstance should be avoided for full compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-007-E.

A state university employee’s travel agency making travel arrangements for state university employees, to be paid for by the state university with public funds, is a circumstance that has the potential to create public suspicion and reflect unfavorably upon the district attorney’s office and, therefore, such a circumstance should be avoided for full compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-008-E.

A former legislator contracting under any circumstances with a state university within one year of the end of the former legislator’s term of office is a circumstance that can be expected to create public suspicion and reflect unfavorably on the state university and the legislature and should be avoided in order for the university and the former legislator to fully comply with the public policy and public trust mandates set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-010-E.

For a Department of Education employee, including a school attendance officer, to be employed and/or compensated by a public school district has the potential to create public suspicion and reflect unfavorably on the Department of Education and the public school district and this circumstance should be avoided. Op. of Miss. Ethics. Comm. Op. No. 00-011-E.

The public policy set forth in the statute is sufficient to preclude a former county supervisor from being compensated by a planning and development district to perform services for a solid waste authority when he had formerly served as a planning and development district board member and served as a member of the county board of supervisors which had entered into a 20-year contract with the solid waste authority to provide the county landfill operation services. Op. of Miss. Ethics. Comm. Op. No. 00-013-E.

The contracting of a county supervisor with Keep America Beautiful, Inc. to assist it with implementing its programs when Keep America Beautiful, Inc. is given the discretion to fund local entities, including counties, to implement local litter prevention projects results in a circumstance that can be expected to create public suspicion and reflect unfavorably upon the county and this circumstance should be avoided in order for the county to fully comply with the state’s public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-017-E.

A newly elected supervisor’s spouse is prohibited from continuing her employment, or from contracting in any other way with a county-owned hospital after the county board of supervisors of which the supervisor is a member approves the first budget submitted by the county-owned hospital, and a recusal or abstention by the supervisor will not alter the result. Op. of Miss. Ethics. Comm. Op. No. 00-019-E.

The employment of an alderman’s stepchild by the city has the potential to create public suspicion and reflect unfavorably upon the city. Op. of Miss. Ethics. Comm. Op. No. 00-021-E.

The employment of a supervisor’s child by the county has the potential to create public suspicion and reflect unfavorably on the county and, such a circumstance should be avoided when possible; the supervisor must totally and completely recuse himself from all discussions, actions, and decisions concerning his child’s employment contract with the county when such circumstances cannot be avoided. Op. of Miss. Ethics. Comm. Op. No. 00-033-E.

An independent contractor with a levee district who is directly or indirectly involved with matters concerning the levee district that are before a joint water management district of which he is a board member has the potential to create public suspicion and reflect unfavorably on both governmental entities and, therefore, such a board member should completely recuse himself from any matter coming before the joint water management district board that concerns a levee district with which the board member is a current independent contractor. Op. of Miss. Ethics. Comm. Op. No. 00-035-E.

Although a waterway district was not prohibited from contracting with a county supervisor’s corporation in the event that the waterway district’s board determined that the county supervisor’s corporation’s was the lowest and best bid for the construction of the 20 cabins, since the state bond issue and its monies to fund the contract to build the 20 cabins were independent and separate from the waterway district’s normal indebtedness/liabilities, contracts, and county funding, the county supervisor would be required to recuse himself from any matter coming before the board of supervisors that concerned the waterway district, any appointment to the waterway district board, and/or the county’s funding of the waterway district during the existence of the construction contract should the waterway district board award the contract to the supervisor’s corporation. Op. of Miss. Ethics. Comm. Op. No. 00-037-E.

The state conflict of interest laws will not require an individual to resign as the city’s street superintendent should he or she qualify as a candidate for the office of mayor of the city; however, the individual would not be permitted to campaign, directly or indirectly, during the hours he was being compensated by the city as its street commissioner and would not be permitted to use his employment position with the city, the city’s equipment, or any other city resources to benefit his campaign for mayor. Op. of Miss. Ethics. Comm. Op. No. 00-038-E.

The executive director of a nonprofit corporation having as its primary purpose the provision of local human services, and who also serves on a county human resource agency’s board, because the nonprofit corporation is expected to seek funding or other support from the county human resource agency and enter contractual arrangements with this agency, is in a circumstance having the potential to create public suspicion and reflect unfavorably on the county human resource agency; such a circumstance should be avoided for full compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-040-E.

The employment of a county supervisor’s spouse by the county-owned hospital is a circumstance that has the potential to create public suspicion and reflect unfavorably on the county and the county-owned hospital, especially with regard to the board of supervisors’ authority to approve the county-owned hospital’s budget, to fund or not to fund the county-owned hospital by means of a tax levy, and to determine whether or when to lease or sell the county-owned hospital, such a circumstance should be avoided for full compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-042-E.

A law firm where one of the partners is a legislator cannot be employed and compensated by a private foundation that is funded by community/junior college foundations with undesignated, nonpublic funds. Op. of Miss. Ethics. Comm. Op. No. 00-044-E.

A legislator’s participation in legislative matters concerning community/junior colleges when the legislator is a partner in a law firm whose attorney is being paid by a private foundation to pursue litigation on behalf of the community/junior college’s interests has the potential to create public suspicion and reflect unfavorably upon the legislature and the community college, and the legislator must totally and complete recuse himself from any matters before the legislature or its committees that concern community/junior colleges should his law firm’s attorney be retained by the private foundation. Op. of Miss. Ethics. Comm. Op. No. 00-044-E.

A county supervisor may donate real property to the county for the purpose of establishing a rubbish site within the county; however, the section would be violated should the transfer of the real property from the supervisor to the county not be a true donation or should there be an interest or benefit accruing to the supervisor. Op. of Miss. Ethics. Comm. Op. No. 00-045-E.

A public servant supervising the work of a relative, such as a county road manager supervising his child or a county building and grounds supervisor supervising his spouse, has the potential of creating suspicion among the public and reflecting unfavorably upon the county and, therefore, such a circumstance should be avoided in order for the county and the public servant to fully comply with the state’s public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-046-E.

A county employee’s direct or indirect involvement with matters concerning his employing county that were before the board of aldermen of which he was also a member had the potential of creating suspicion among the public and reflecting unfavorably upon the city and the county and, therefore, he would be required to totally and completely recuse himself from any matter concerning his county employer coming before the board of aldermen should he be elected to the board of aldermen. Op. of Miss. Ethics. Comm. Op. No. 00-048-E.

A school district’s employment of the brother and half-brother of one of its board members has the potential to create public suspicion and reflect unfavorably upon the school district and, therefore, the board member should totally and completely recuse himself from any matter coming before the school board concerning the employment and/or re-employment of his brother or half-brother and decisions concerning their respective compensation and benefits in order to fully comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-053-E.

A district attorney’s office contracting with the son of the business administrator of the district attorney’s office may create public suspicion and reflect unfavorably upon the school district and, therefore, this circumstance should be avoided for full compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-054-E.

Where one spouse has supervision and administrative authority over a payroll signed by the other spouse the potential exists for creating public suspicion and reflecting unfavorably upon the county and there is a public trust responsibility that checks and balances be provided to assure that proper oversight and controls exist in the expenditure of the public’s monies and; therefore, the county board of supervisors and the emergency management council, with the assistance of the State Department of Audit, need to be certain that the checks and balances in place circumstances in of this type are sufficient to alleviate public suspicion and unfavorable reflections upon the county and the emergency management council. Op. of Miss. Ethics. Comm. Op. No. 00-055-E.

Where one spouse is a facility manager for a fair commission and has supervisory authority and responsibility over the other spouse who is a facility secretary for the commission, a circumstance exists that can be expected to create public suspicion and reflect unfavorably on the fair commission; such a circumstance should be avoided in order for there to be full compliance with the public policy mandate and public trust obligation imposed by the statute. Op. of Miss. Ethics. Comm. Op. No. 00-056-E.

Where a state superintendent of education’s spouse is a contractor or subcontractor with public school districts, a circumstance having the potential to create public suspicion and reflect unfavorably upon the state department of education exists and the superintendent is required to totally and completely recuse himself from any matter coming before his department or his board that concerns the spouse’s contracts with public school districts and/or an educational consulting group’s contracts with public school districts in which the spouse is a subcontractor. Op. of Miss. Ethics. Comm. Op. No. 00-058-E.

Where the duties that an individual performed for a state agency regarding the restructuring of legislation that allowed the issuance of general obligation bonds by the state to support an energy project and the negotiation of a power purchase agreement with the utility provider were not directly related to the industrial complex, the individual, upon retiring from the state agency, would not be prohibited from being compensated by a consulting engineering firm as its employee in the management and operation of the industrial complex and in the recruitment of tenants for the industrial complex. Op. of Miss. Ethics. Comm. Op. No. 00-061-E.

A former state employee accepting employment with a consulting engineering firm is in a situation that has the potential to create public suspicion and reflect unfavorably upon the state agency where this former state employee had the same specified duties and responsibilities. Op. of Miss. Ethics. Comm. Op. No. 00-061-E.

A former state employee accepting employment with a consulting engineering firm has the potential of creating suspicion among the public and reflecting unfavorably upon the state agency and, therefore, the former state employee and his future consulting engineering firm employer would be required to remain keenly aware of the public policy mandate set forth in the statute in determining his future duties. Op. of Miss. Ethics. Comm. Op. No. 00-063-E.

An individual serving simultaneously as a county supervisor and a state employee has the potential of creating suspicion among the public and reflecting unfavorably upon the state agency and the county, should the individual become involved, either directly or indirectly, with his county board of supervisors by way of his duties and responsibilities as a state employee or become involved, directly or indirectly, with his state agency by way of his duties and responsibilities as a county supervisor and, therefore, the individual as a county supervisor must totally and completely recuse himself from any matter coming before his board of supervisors that concerns his state agency employer or the individual as a state employee must totally and completely recuse himself from any programs or services of his state agency employer that concern the county he serves as a supervisor. Op. of Miss. Ethics. Comm. Op. No. 00-068-E.

The public policy mandate set forth in the statute precludes a city council member from writing bail bonds for the release of a defendant held in the custody of the law enforcement entity of the city he or she is elected to serve. Op. of Miss. Ethics. Comm. Op. No. 00-067-E.

A former district attorney serving as a criminal defense counsel on a case that was reviewed in his office by his assistant district attorneys prior to the end of his term has the potential of creating suspicion among the public and reflecting unfavorably upon the district attorney’s office and, therefore the mandate set forth in the statute precludes a former district attorney from serving as a criminal defense counsel on a case that was reviewed in his office by his assistant district attorneys prior to the end of his term. Op. of Miss. Ethics. Comm. Op. No. 00-069-E.

An employee of the county sheriff’s department serving as an E-911 commissioner when the E-911 commission and the county sheriff’s department have a contractual agreement for dispatching services has the potential of creating suspicion among the public and reflecting unfavorably upon the county sheriff’s department and the E-911 commission and therefore, such a circumstance should be avoided to comply with the public policy mandates set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-074-E.

The state’s public policy of public service being a public trust prohibited individual from serving as the director of the Building, Grounds and Real Property Management when his consulting firm’s contract with the state university to provide an Americans with Disability Act Compliance Implementation Plan remained in effect. Op. of Miss. Ethics. Comm. Op. No. 00-076-E.

The employment of an alderman’s son-in-law by the city has the potential of creating suspicion among the public and reflecting unfavorably upon the city and, therefore, such circumstances should be avoided when possible; further, the alderman must totally and completely recuse himself from all discussions, actions, and decisions concerning his son-in-law’s employment contract with the city when such circumstances cannot be avoided. Op. of Miss. Ethics. Comm. Op. No. 00-077-E.

A nonemergency transportation company contracting with a state agency can operate within a region under the supervision of a coordinator with the state agency where the coordinator has direct involvement as to which nonemergency transportation company in his region will be utilized for transports and where the company is owned by the coordinator’s father and formally employed the coordinator’s spouse; however, the coordinator would be required to totally and completely recuse himself from any decision to utilize the transportation company. Op. of Miss. Ethics. Comm. Op. No. 00-079-E.

An alderman who is an attorney having a contract with the Attorney General’s office to do legal research when the city is receiving grant funds and/or expects to pursue grant funds from the Attorney General’s office certainly has the potential of creating suspicion among the public and reflecting unfavorably upon the state and city and, therefore, the alderman must totally and completely recuse himself from any matter coming before the city board that involves the Attorney General’s office, especially grants from the Attorney General’s office. Op. of Miss. Ethics. Comm. Op. No. 00-082-E.

The state public policy set forth in the statute will require a legislator, who is employed by a not-for-profit corporation that receives state legislative appropriated funds that do not result in payments under contracts in which the legislator would be interested, directly or indirectly, to totally and completely recuse himself from all state legislative considerations concerning the entity receiving the state legislative appropriated funds and the state agency program providing the funding to the entity. Op. of Miss. Ethics. Comm. Op. No. 00-086-E.

A legislator participating in matters before the legislature concerning the waste management industry where the legislator was employed in the waste management industry, had the potential of creating suspicion among the public and reflecting unfavorably upon the legislature, and therefore, the state public policy set forth in the state required that the legislator totally and completely recuse himself from any matter coming before the legislature concerning the waste management industry. Op. of Miss. Ethics. Comm. Op. No. 00-088-E.

A city council member being employed by the county in which his city is located has the potential of creating suspicion among the public and reflecting unfavorably upon the county and the city and, therefore, a city council member should totally and completely recuse himself from all matters coming before the city council that concern his county employer. Op. of Miss. Ethics. Comm. Op. No. 00-089-E.

The employment of an E-911 commissioner’s daughter-in-law by the commission has the potential of creating suspicion among the public and reflecting unfavorably upon the city and, therefore, such circumstances should be avoided when possible; further, an E-911 commissioner must totally and completely recuse himself from all discussions, actions, and decisions concerning his daughter-in-law’s employment contract with the commission when such circumstances cannot be avoided. Op. of Miss. Ethics. Comm. Op. No. 00-092-E.

An executive of a telephone corporation is prohibited from serving on the E-911 commission when the county’s E-911 equipment is leased from the telephone corporation employing him. Op. of Miss. Ethics. Comm. Op. No. 00-092-E.

A county employee’s direct or indirect involvement with matters concerning his employing county that are before the board of aldermen of which he is also a member has the potential of creating suspicion among the public and reflecting unfavorably upon the city and the county and, therefore, a deputy sheriff must totally and completely recuse himself from any matter concerning his county employer coming before the board of aldermen should he be elected to the board of aldermen. Op. of Miss. Ethics. Comm. Op. No. 00-094-E.

An individual serving as both a city police officer and a part-time deputy sheriff has the potential of creating suspicion among the public and reflecting unfavorably upon both the county and city when the city employing him is located within the county employing him, especially where the county sheriff’s department has concurrent jurisdiction with the city police departments to provide law enforcement inside the city limits of the municipalities located within the county, and therefore, such a circumstance should be avoided whenever possible. Op. of Miss. Ethics. Comm. Op. No. 00-096-E.

To fully and completely comply with the public policy mandate set forth in the statute, a company owned by a state employee should not do business with any companies that are expected to do business with the state whereby they will be subject to the employee’s authority as the director of a state bureau; an engineering firm with which his company had a subconsultant contract were perfect examples of the state employee’s company doing business with another company that should be avoided if the engineering firm was expected to be doing business with the state whereby it would be subject to the state employee’s authority as the director of the state bureau. Op. of Miss. Ethics. Comm. Op. No. 00-098-E.

To fully and completely comply with the public policy mandate set forth in the statute, a company owned by a state employee should not do business with any companies that are expected to do business with the state whereby they will be subject to the state employee’s authority as the director of the state bureau; two other companies with which his company had a subconsultant role with the city were perfect examples of the the state employee’s company doing business with other companies that should be avoided if the other two companies were expected to be doing business with the state whereby they would be subject to the state employee’s authority as the director of the state bureau. Op. of Miss. Ethics. Comm. Op. No. 00-099-E.

One individual serving in dual capacities for the county government has the potential of creating suspicion among the public and reflecting unfavorably upon the county government and, therefore, where a deputy chancery clerk simultaneously serves as a part-time E-911 dispatcher for the same county, the clerk should not perform any chancery clerk duties in regard to the E-911 commission’s funding, payroll and budget, especially those related to auditing and reporting. Op. of Miss. Ethics. Comm. Op. No. 00-100-E.

An attorney/spouse or others in the attorney/spouse’s law firm being compensated to do a closing on a Mississippi Home Corporation (MHC) bond-funded mortgage loan or a MHC second mortgage loan under MHC’s down-payment assistance program when the new appointee is a member of the MHC board of directors which authorized the related contracts to the mortgage loan or second mortgage loan is a circumstance that can be expected to create public suspicion and reflect unfavorably upon the MHC and, therefore, to fully comply with the public policy mandate set forth in the statute, the attorney/spouse or others in the attorney/spouse’s law firm should not do the closing on an MHC bond-funded mortgage loan or an MHC second mortgage loan under MHC’s down-payment assistance program during the new appointee’s term as a member of the MHC board of directors. Op. of Miss. Ethics. Comm. Op. No. 00-101-E.

A member of a city council serving as an advisory board member of one of the city’s depositories has the potential of creating public suspicion and reflecting unfavorably upon the city and the city council and such a circumstance should be avoided for full compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-107-E.

The employment of a sheriff’s son at a regional jail facility where he serves as the chief corrections officer is a circumstance that can be expected to create public suspicion and reflect unfavorably upon the counties and the regional jail facility and such a circumstance should be avoided for full compliance with the public policy mandate and public trust obligation imposed by the statute. Op. of Miss. Ethics. Comm. Op. No. 00-108-E.

Although it is not a violation of the state conflict of interest laws for a state employee to develop, patent, and market equipment in the industry that his or her state agency regulates, in order to fully and completely comply with the public policy mandate set forth in the statute, neither the state employee nor the state agency’s staff under his direction would be allowed to evaluate or review industry equipment which the state employee developed, patented, and marketed in the industry. Op. of Miss. Ethics. Comm. Op. No. 00-111-E.

An individual serving simultaneously as a city council member in the city where the state port authority is located and as an employee with the state port authority certainly has the potential of creating suspicion among the public and reflecting unfavorably upon the state port authority and the city, should the individual become involved, either directly or indirectly, with his city by way of his duties and responsibilities as a state employee or become involved, directly or indirectly, with his state agency by way of his duties and responsibilities as a city council member and, therefore the individual as a city council member should he be elected must totally and completely recuse himself from any matter coming before the city council that concerns his state agency employer and the individual as a state employee must totally and completely recuse himself from any programs or services of his state agency employer that concerns the city. Op. of Miss. Ethics. Comm. Op. No. 00-112-E.

An employee of the county board of supervisors serving as a member of the county election commission has the potential of creating suspicion among the public and reflecting unfavorably upon the county election commission and, therefore, the assistant road manager, as a county election commissioner, would be required to totally and completely recuse himself from all discussions, actions, and decisions of the county election commission concerning the board of supervisors and/or any member thereof. Op. of Miss. Ethics. Comm. Op. No. 00-113-E.

An employee of the county tax assessor/collector serving as a member of the county election commission has the potential of creating suspicion among the public and reflecting unfavorably upon the county election commission and, therefore, the deputy tax assessor, as a county election commissioner, would be required to totally and completely recuse himself from all discussions, actions, and decisions of the county election commission concerning the county tax assessor/collector. Op. of Miss. Ethics. Comm. Op. No. 00-113-E.

A bail bonding company writing bail bonds in a city when the person writing the bail bonds is a parent or child of an employee of the city police department is certainly in a circumstance having the potential of creating suspicion among the public and reflecting unfavorably upon the city and, therefore, a city must establish rules and regulations that absolutely preclude police department employees’ involvement in the bail bond process when those employees are the parents or children of bail bond company employees or agents. Op. of Miss. Ethics. Comm. Op. No. 00-114-E.

A state employee serving as a county school board member is in a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the state agency and the county school district if the state employee does not totally and completely recuse himself from matters concerning his state agency that come before the county school board of trustees. Op. of Miss. Ethics. Comm. Op. No. 00-116E.

A mayor’s employment by the city’s engineering firm, even without compensation, has the potential of creating suspicion among the public and reflecting unfavorably upon the city. Op. of Miss. Ethics. Comm. Op. No. 00-119-E.

One individual serving in dual capacities for separate authorities of a governmental entity is in a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the governmental entity and, therefore, the governmental entity must review such circumstances of dual employment with the intent of reducing or eliminating the public’s suspicion by being able to demonstrate to the public that such dual employment is both financially and functionally beneficial to the public. Op. of Miss. Ethics. Comm. Op. No. 00-123-E.

One individual serving in dual capacities for separate authorities of a governmental entity results in a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the governmental entity and, therefore, the governmental entity must review such circumstances of dual employment with the intent of reducing or eliminating the public’s suspicion by being able to demonstrate to the public that such dual employment is both financially and functionally beneficial to the public. Op. of Miss. Ethics. Comm. Op. No. 00-124-E.

A legislator who is employed by a Mississippi nonprofit corporation will be required to totally and completely recuse himself from all state legislative considerations concerning the Mississippi nonprofit corporation and its members. Op. of Miss. Ethics. Comm. Op. No. 00-126-E.

A city council member employed by the county-owned community hospital located within the city the council member serves has the potential of creating suspicion among the public and reflecting unfavorably upon the city and the county-owned community hospital and, therefore, the city council member would be required to totally and completely recuse him or herself from all matters coming before the city council that concern the county-owned community hospital employing the council member. Op. of Miss. Ethics. Comm. Op. No. 00-127-E.

Sale by a school board member of services of any kind through the school district’s cafeteria plan to the school district employees who pay for the services through payroll deductions approved by the school board is a circumstance that creates suspicion among the public and reflects unfavorably upon the school district and, therefore, a school board member must refrain from selling services to the school district’s employees in such a circumstance to comply with the state public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-130-E.

A municipality must avoid a contract with a church to lease a facility to be paid for with grant funds when an employee in the state agency that administers the grant and under whose general supervision the grant falls is a member of the church and is a member of the church’s board of trustees because the state employee’s inability to perform his supervisory duties over the municipality’s grant because of his church’s leasing of a facility to the municipality in relation to the grant is a circumstance that could be expected to create suspicion among the public and reflect unfavorably upon the state agency. Op. of Miss. Ethics. Comm. Op. No. 00-133-E.

The employment of a county supervisor’s daughter-in-law by the county tax assessor/collector’s office has the potential of creating suspicion among the public and reflecting unfavorably upon the county and, therefore, such a circumstance should be avoided whenever possible in order to fully comply with the state’s public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 00-135-E.

An employee of the office of the city clerk serving as a member of the city election commission has the potential of creating suspicion among the public and reflecting unfavorably upon the city election commission and, therefore, the administrative assistant in the office of the city clerk must resign that position before accepting the mayor’s appointment as a member of the city election commission. Op. of Miss. Ethics. Comm. Op. No. 00-138-E.

A member of the state public body having broad authority and power over the state’s airports should not be associated with an individual airport, even as an advisory board member, as such association could be expected to create suspicion among the public and reflect unfavorably upon the public body in which the member is elected to serve. Op. of Miss. Ethics. Comm. Op. No. 01-001-E.

A public servant, including a school district employee, may perform statutorily prescribed notary public duties and be paid the statutorily allowed fee for such notary public duties rendered to the public servant’s employing governmental entity if the employee qualified as a notary public paid his or her own expenses necessary to qualify as a notary public and those expenses were not repaid or reimbursed, either directly or indirectly, by the employing governmental entity. Op. of Miss. Ethics. Comm. Op. No. 01-002-E.

A spouse of an individual who is a newly appointed school board member remaining employed with the school district during the remaining period of the spouse’s current employment contract with the school district after the newly appointed school board member has been sworn into office has the potential of creating suspicion among the public and reflecting unfavorably upon the school district and, therefore, a newly appointed school board member must totally and completely recuse himself from any matter coming before the school board concerning his spouse during the remaining period of the spouse’s current employment contract with the municipal school district. Op. of Miss. Ethics. Comm. Op. No. 01-006-E.

Where an individual simultaneously served as the county prosecuting attorney and as mayor of a municipality located within the county the individual served as prosecutor, he would be required to totally and completely recuse himself from any matters coming before the town’s governing authority that concerned the board of supervisors that appointed him to the position of county prosecuting attorney. Op. of Miss. Ethics. Comm. Op. No. 01-009-E.

An individual would not be prohibited from continuing to serve as mayor should he be employed by the county sheriff’s department where there were no contracts existing between the municipality and the county as the municipality and the county were separate governmental entities; however a violation of the section would arise in the event of a contract between the municipality and the county in which the individual, as an employee of the sheriff’s department and as the mayor of the city, would have a private pecuniary interest. Op. of Miss. Ethics. Comm. Op. No. 01-010-E.

Although an individual could continue to serve as mayor should he be employed by the county sheriff’s department, he would be required to totally and completely recuse himself from all matters coming before the municipality’s governing authority that concerned the county. Op. of Miss. Ethics. Comm. Op. No. 01-010-E.

A spouse of an individual who is a newly appointed school board member remaining employed with the school district during the remaining period of the spouse’s current employment contract with the school district after the newly appointed school board member has been sworn into office has the potential of creating suspicion among the public and reflecting unfavorably upon the school district and, therefore, the school board member would be required to totally and completely recuse himself from any matter coming before the school board concerning his spouse during the remaining period of the spouse’s current employment contract. Op. of Miss. Ethics. Comm. Op. No. 01-011-E.

A city’s purchase of a historical property from an estate in which an alderman’s child had an interest as an heir had the potential of creating suspicion among the public and reflecting unfavorably upon the city and, therefore, the alderman would be required to totally and completely recuse herself from all discussions, actions, and decisions concerning city’s purchase of the historical property from the estate. Op. of Miss. Ethics. Comm. Op. No. 01-013-E.

Although it was not a violation of the state conflict of interest laws for an employee in a supervisory position with a state department to serve on the board of directors of a service organization’s nonprofit family center without compensation where the family center had a grant issued by the state department and provided services to clients of the state, the state employee would be required to totally and completely recuse herself from all matters concerning the nonprofit service organization and the service organization’s nonprofit family center, especially with regard to current and future grants issued by the state department to the nonprofit service organization and/or the service organization’s nonprofit family center and state department clients under her supervision that were receiving services from the family center. Op. of Miss. Ethics. Comm. Op. No. 01-014-E.

An alderman serving as an advisory board member of one of the city’s depositories has the potential of creating suspicion among the public and reflecting unfavorably upon the city and the board of aldermen and, therefore, such a circumstance should be avoided to fully comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-023-E.

The public policy mandated set forth in the statute is sufficient to prohibit a body shop owned by justice court judge from repairing vehicles owned by the Mississippi Department of Public Safety and to prohibit the Mississippi Department of Public Safety from having its vehicles repaired at the body shop. Op. of Miss. Ethics. Comm. Op. No. 01-027-E.

A state employee contracting with divisions of the federal government or municipalities that the state employee is directly or indirectly involved with through his state employment has the potential of creating suspicion among the public and reflecting unfavorably upon his state employer and, therefore, a state employee should avoid contracting with any division of the federal government or a municipality that he is directly or indirectly involved with through his state employment in order to fully comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-028-E.

A community hospital contracting with a business owned in whole or in part by one of its employees provides a circumstance having the potential of creating suspicion among the public and reflecting unfavorably upon the community hospital and, therefore, a community hospital must whenever possible avoid such a circumstance so as to fully and completely comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-029-E.

A deputy chancery clerk entering into a separate employment contract with the county board of supervisors as computer support personnel violates the statute. Op. of Miss. Ethics. Comm. Op. No. 01-030-E.

A board of supervisors contracting with a deputy chancery clerk as computer support personnel produces a circumstance having the potential of creating suspicion among the public and reflecting unfavorably upon the county and, therefore, such a circumstance whenever possible should be avoided in order to fully and completely comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-030-E.

A community mental health center contracting with a construction company owned by a supervisor who is a member of a board of supervisors that appropriates funding to the community mental health center presents a circumstance that can be expected to create suspicion among the public and reflect unfavorably upon the community health center and the county and, therefore, such a circumstance should be avoided in order to fully and completely comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-032-E.

A city’s mayor being employed by a nonprofit corporation when the city transferred a health agency to the nonprofit corporation presents a circumstance that will create suspicion among the public and reflect unfavorably upon the city and, therefore, the mayor is prohibited from being employed, being compensated, or otherwise receiving a pecuniary or personal benefit from the nonprofit corporation that received the transfer of the health agency from the city. Op. of Miss. Ethics. Comm. Op. No. 01-034-E.

One spouse being a manager for a fair commission and thereby having supervisory authority and responsibility over the other spouse as an employee of the fair commission presents a circumstance that can be expected to create suspicion among the public and reflect unfavorably upon the fair commission and, therefore, such a circumstance should be avoided in order for full compliance with the public policy mandate and public trust obligation imposed by the statute to be achieved. Op. of Miss. Ethics. Comm. Op. No. 01-036-E.

A city contracting with the spouse of its mayor presents a circumstance that can be expected to create suspicion among the public and reflect unfavorably upon the city and, therefore, such a circumstance must be avoided in order for full and complete compliance with the public policy mandate set forth in the statute to be achieved. Op. of Miss. Ethics. Comm. Op. No. 01-039-E.

A Department of Human Services employee being involved in an adoption proceeding on a personal basis when the Department of Human Services must approve all adoptions coming into the state is a circumstance having the potential of creating suspicion among the public and reflecting unfavorably upon the Department of Human Services and, therefore, such a circumstance should be avoided for full compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-040-E.

A correctional officer employed by the county writing bail bonds for the release of a defendant held in the custody of the county sheriff’s department is a circumstance that can be expected to create suspicion among the public and reflect unfavorably upon the county and, therefore, such a circumstance should be avoided for full compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-041-E.

The state conflict of interest laws do not require an elected chief of police to resign in order to qualify as a candidate for the office of sheriff; however, he would be prohibited from campaigning while on duty as chief of police and from using city equipment, supplies, and resources to benefit his campaign for sheriff. Op. of Miss. Ethics. Comm. Op. No. 01-044-E.

An elected police chief being compensated to perform coroner duties within the boundaries of the city he is elected to serve is in a circumstance that can be expected to create suspicion among the public and reflect unfavorably upon the city and county and, therefore, such a circumstance must be avoided in order to fully comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-045-E.

A city police officer being compensated for performing coroner duties within the boundaries of the city that employs him is in a circumstance that can be expected to create suspicion among the public and reflect unfavorably upon the city and county and, therefore, such a circumstance must be avoided in order to fully comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-045-E.

A county board of supervisors and/or the board of trustees of the county economic development district should avoid purchasing land from a former trustee of the county economic development district in order to fully and completely comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-046-E.

A mayor participating in matters before the mayor and board of aldermen concerning a regional housing authority employing the mayor can be expected to raise suspicion among the public and reflect unfavorably upon the town and the regional housing authority and, therefore, the mayor would be required to totally and completely recuse himself from matters involving the regional housing authority. Op. of Miss. Ethics. Comm. Op. No. 01-048-E.

A county employee’s direct or indirect involvement with matters concerning his employing county that are before the board of aldermen of which he is also a member has the potential of creating suspicion among the public and reflecting unfavorably upon the city and the county and, therefore, a deputy sheriff who also serves as an alderman must totally and completely recuse himself from any matter concerning his county employer coming before the board of aldermen. Op. of Miss. Ethics. Comm. Op. No. 01-049-E.

One spouse having supervisory authority and responsibility over the other spouse as employees of a governmental entity such as a school district constitute a circumstance that can be expected to create suspicion among the public and reflect unfavorably upon the school district and, therefore, such a circumstance should be avoided in order to fully comply with the public policy mandate and public trust obligation imposed by the statute. Op. of Miss. Ethics. Comm. Op. No. 01-053-E.

A former state employee accepting employment with a contractor of his former state agency is certainly a circumstance with the potential of creating suspicion among the public and reflecting unfavorably upon the state agency, especially when the former state employee had supervisory authority or personal responsibility over the state agency’s contract with the contractor, and, therefore, the state employee was required to totally and completely avoid participating in any discretionary decisions or actions by the state department that could provide a benefit to any company the state employee was considering accepting employment with after terminating employment with the state department in order to fully and completely comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-054-E.

The appointment of an individual to a community hospital’s board of trustees when the individual’s child is an employee of the community hospital has the potential of creating suspicion among the public and reflecting unfavorably upon the county and, therefore, such a circumstance should be avoided whenever possible; a potential hospital trustee is required to totally and completely recuse himself from all discussions, actions, and decisions concerning his child’s employment with the county hospital when such circumstances cannot be avoided. Op. of Miss. Ethics. Comm. Op. No. 01-056-E.

A legislator being employed by a county as its director of office of planning and development is in a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the legislature and the county as a position as director of a local planning and development office can be expected to be heavily involved in matters such as planning, building, housing, and development over which the legislature has significant control not only in the passage of laws that affect these highly regulated areas but also in the appropriation of funds for use by local governments and subgrantees in these areas; thus, such a circumstance should be avoided whenever possible for full and complete compliance with the public policy mandate set forth in the statute to be achieved. Op. of Miss. Ethics. Comm. Op. No. 01-057-E.

A municipality’s police department, including a police officer’s wrecker service on the rotation list of wrecker businesses the police contacts to remove a disabled vehicle during an accident investigation presents a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the municipality and, therefore, to avoid violating the public policy mandate set forth in the statute, the municipality must either decline to include the police officer’s wrecker service on the rotation list or establish a system that eliminates the creation of public suspicion and the unfavorable reflection upon the municipality. Op. of Miss. Ethics. Comm. Op. No. 01-059-E.

It is not a violation of the state conflict of interest laws for a city’s utility commissioner to complete his current term on the city’s utility commission after his son-in-law is elected to the city’s board of aldermen or for a city’s utility commissioner to be reappointed by the board of aldermen on which his son-in-law serves as a father-in-law of a public servant is not a relative for purposes of the statute. Op. of Miss. Ethics. Comm. Op. No. 01-061-E.

An alderman participating in the appointment of a city’s utility commissioner, who is the alderman’s father-in-law, presents a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the city and the city’s utility commission and, therefore, in order to fully comply with the public policy mandate set forth the statute, the alderman must completely recuse himself from the board of aldermen’s consideration of his father-in-law’s reappointment to the city’s utility commission. Op. of Miss. Ethics. Comm. Op. No. 01-061-E.

A former executive director of a state agency being compensated for providing consulting services to a business or other governmental agency that received funding from the state agency during the former executive director’s tenure constitutes a circumstance with the potential to create suspicion among the public and reflect unfavorably upon the state agency and, therefore, the executive director and the agency would be required to demonstrate that the consulting service contract would not violate the public trust by being a natural consequence of the requestor having been the department’s executive director during a period when the department provided funding to the agency. Op. of Miss. Ethics. Comm. Op. No. 01-066-E.

A county supervisor being employed by a not-for-profit corporation when the county has a 10-year lease contract with the not-for-profit corporation is a circumstance that will create suspicion among the public and reflect unfavorably upon the county and, therefore, such a circumstance should be avoided for full compliance with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-067-E.

The employment of a county engineer who represents the county on a wastewater and solid waste management district’s technical review committee by a company to manage its public works contract with a city would result in an appearance of impropriety and a violation of the public trust if the company remained a contractor with the wastewater and solid waste management district and if the county engineer’s compensation from the company results in a material financial interest in the company. Op. of Miss. Ethics. Comm. Op. No. 01-068-E.

A school board member’s direct or indirect involvement with matters concerning a municipality, which he serves as mayor, that are before the school board, and vice versa, has the potential to create suspicion among the public and reflect unfavorably on the school district and the municipality and, therefore, the individual would be required to totally and completely recuse himself from any matter concerning the municipality he serves as mayor that come before the school board and from any matters concerning the school district he serves as a board member that comes before the municipal governing authority. Op. of Miss. Ethics. Comm. Op. No. 01-071-E.

A mayor and a city clerk of a code-chartered municipality being parent and child raises serious public policy concerns as it is a circumstance that will create suspicion among the public and reflect unfavorably upon the municipality, especially as a mayor and city clerk of a code-chartered municipality being parent and child greatly weakens the built in checks and balances provided for in state law; thus, in order to fully and completely comply with the public policy mandate set forth in the statute, the town board should not reappoint/re-employ as the city clerk the child of a new mayor. Op. of Miss. Ethics. Comm. Op. No. 01-073-E.

A school board member’s employing a company doing business with a tire company has the potential of creating suspicion among the public and reflecting unfavorably upon a school district if the school board member participates in the school board’s decision to award the tire company the contract to provide the school district with its school bus tires and, therefore, the public policy mandate set forth in the statute requires that the school board member totally and completely recuse himself from the school board’s actions and decisions concerning the awarding of the bid and the related contract for the purchase of school bus tires. Op. of Miss. Ethics. Comm. Op. No. 01-074-E.

A state department’s acceptance of advertising for placement in its state publications from for-profit training schools that certify that individuals are qualified to hold certain licenses issued by the department is a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the department and, therefore, the department should not accept advertising for placement in its state publications from such for-profit training schools in order to fully and completely comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-076-E.

A city’s contracting with a hardware store owned by an alderman’s son-in-law has the potential of creating suspicion among the public and reflecting unfavorably upon the city and, therefore, the alderman must totally and completely recuse himself from all discussions, actions, and decisions concerning the city’s contracts to purchase from the son-in-law’s hardware store. Op. of Miss. Ethics. Comm. Op. No. 01-079-E.

A department head employee of a city having supervisory authority and responsibility over his stepchild as an employee of the city is a circumstance that can be expected to create suspicion among the public and reflecting unfavorably upon the fair commission and, therefore, such a circumstance should be avoided by the city in order to fully comply with the public policy mandate and public trust obligation imposed by the statute. Op. of Miss. Ethics. Comm. Op. No. 01-083-E.

The serious public policy issues and public trust concerns arising from the statute due to one spouse serving as the president of a community college and the other simultaneously being employed by the community college as a teacher are not alleviated by the fact that an interim president made the recommendation to the community college board of trustees to employ the president’s spouse and that the interim president signed the employment contract for the president’s spouse prior to the appointment of the president and, therefore, the employment of the president’s spouse was contrary to public policy. Op. of Miss. Ethics. Comm. Op. No. 01-085-E.

A state trooper working part-time as a county coroner presents a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the department and the county and, therefore, a county coroner should avoid appointing a state trooper as a deputy coroner and/or a state trooper should not accept an appointment as a deputy coroner as either situation would be contrary to the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-087-E.

A city council member should avoid participation as a landlord in a Section 8 Housing Voucher Program administered through the city housing authority and thus fully and completely comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-088-E.

The public policy and public trust mandates set forth in the statute are sufficient to prohibit a community college from offering employment to a current county supervisor serving a county that funds the community college and to prohibit a current county supervisor serving a county that funds the community college from accepting employment with the community college. Op. of Miss. Ethics. Comm. Op. No. 01-089-E.

A county employee’s direct or indirect involvement with matters concerning his employing county that are before the county school board of which the county employee is a member has the potential of creating suspicion among the public and reflecting unfavorably upon the county school district and the county and, therefore, the county school board member must recuse himself from all matters coming before the county school board that concern the county should he accept employment with the county. Op. of Miss. Ethics. Comm. Op. No. 01-089-E.

An assistant fire chief who is an agent of a city having supervisory authority and responsibility over his child as a full-time fire fighter employed by the city is in a circumstance that can be expected to create suspicion among the public and reflecting unfavorably upon the city and, therefore, such a circumstance should be avoided by the city and the fire department in order to fully comply with the public policy mandate and public trust obligation imposed by the statute. Op. of Miss. Ethics. Comm. Op. No. 01-0-93E.

The stepchild of a chief of police or the niece of a municipal court clerk acting as a bail bond soliciting agent for defendants held in the custody of the municipal police department or appearing before the municipal court are circumstances that certainly can be expected to create suspicion among the public and reflect unfavorably upon the city and the city’s municipal court and, therefore, both circumstances must be avoided by the municipality, the municipal court, the chief of police and the municipal court clerk in order for them to fully and completely comply with the state’s public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-094-E.

An alderman’s father being employed by the municipality which the alderman serves has the potential of creating suspicion among the public and reflecting unfavorably upon the county and, therefore, such a circumstance should be avoided whenever possible. Op. of Miss. Ethics. Comm. Op. No. 01-095-E.

A spouse of an individual who is a newly appointed state agency board member remaining employed with the state agency during the remaining period of the current budget year after the newly appointed state agency board member has been sworn into office has the potential of creating suspicion among the public and reflecting unfavorably upon the state agency, and the newly appointed state agency board member’s recusing himself from employee matters due to his spouse’s employment with the state agency for the remaining period of the current budget year is contrary to the public trust and public policy mandates set forth the statute, and, therefore, the spouse should immediately resign as an employee of the state agency so as to fully and completely comply with the public trust and public policy mandates set forth in statute. Op. of Miss. Ethics. Comm. Op. No. 01-098-E.

The administrative officers of the commission, while on official commission business, are prohibited from renting lodging from a “bed and breakfast” that is owned by a property management limited liability company in which one of its commissioners is a principal. Op. of Miss. Ethics. Comm. Op. No. 01-099-E.

Commission employees or agents renting lodging from a business in which one of its commissioners has an interest when the lodging expenses will be paid for, either directly or by reimbursement, by the commission with public funds is a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the commission and, therefore, such a circumstance should be avoided in order for all involved to fully comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-099-E.

A mayor voting to break a tie in a city council vote to give himself a raise to take effect during his current term of office clearly violates the public trust as the raise the mayor will receive is a natural consequence of his own action as mayor to vote to break the tie vote on the authorization of the raise. Op. of Miss. Ethics. Comm. Op. No. 01-103-E.

An owner of a solid waste company serving on the solid waste management authority board presents a circumstance that can be expected to create suspicion among the public and reflect unfavorably upon the authority and its members because the public cannot be certain as to whether the board member’s decisions are made in the authority’s interest, and therefore the public’s interest, rather than his company’s interest. Op. of Miss. Ethics. Comm. Op. No. 01-105-E.

An employee of a state board that makes home loans acting as the real estate agent for a client seeking a loan through the board is in a circumstance that can be expected to create suspicion among the public and reflect unfavorably upon the board and, therefore, the board employee should not act as the real estate agent for a client seeking a loan through the board but rather fully and completely comply with the state’s public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-110-E.

An alderman voting on an action to amend the city’s beer ordinance to extend the hours during which beer may be sold when the alderman’s son-in-law is an owner of a restaurant that will benefit from the extended hours gives rise to a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the city, and therefore, the public policy mandate set forth in the statute requires that the alderman recuse himself from the city board’s actions pertaining to the proposed amendment to the beer ordinance. Op. of Miss. Ethics. Comm. Op. No. 01-115-E.

A city council member’s participation and vote in the selection of a municipal school board trustee when the council member’s spouse is an employee of the municipal school district is a circumstance that has the potential of creating suspicion among the public and reflecting unfavorably upon the city and the municipal school district and, therefore, the city council member should totally and completely recuse himself from the consideration and vote to fully comply with the public policy mandate set forth in the statute. Op. of Miss. Ethics. Comm. Op. No. 01-117-E.

A legislator/attorney could form a law firm that would be a limited-liability corporation that would enter into a contractual agreement for legal services with another law firm that was representing or would represent in the future certain state agencies where, under the proposed contractual agreement, the limited-liability corporation will be hired to work on specific, nongovernmental files as the vast majority of the other firm’s clients and the work performed by the firm involved legal matters which were not pursuant to a state contract or funded with state dollars and the the legislator/attorney’s incorporated law firm would not be providing legal services exclusively for the other firm and, therefore, the legislator/attorney’s firm would not be interested, directly or indirectly, in the other firm’s limited number of state or state funded contracts under the proposed contractual agreement. Op. of Miss. Ethics. Comm. Op. No. 01-119-E.

No violation of the statute occurs when the mayor and board of aldermen employ the parent of a current employee of a city department, such as the police or fire department, as the head of that city department; however, the parent’s later actions as a department head that provide a pecuniary benefit to the child/employee, such as a recommendation for promotion, will result in a violation of the statute. Op. of Miss. Ethics. Comm. Op. No. 01-122-E.

A city department head having supervisory authority and responsibility over his child as an employee of the city is part of a circumstance that can be expected to create suspicion among the public and reflect unfavorably upon the city and, therefore, such a circumstance should be avoided by the city in order to fully and completely comply with the public policy mandate and public trust obligation imposed by the statute. Op. of Miss. Ethics. Comm. Op. No. 01-122-E.

A deputy sheriff may not have a material financial interest in a bail bonding company that writes bail bonds for the release of defendants in the custody of the county sheriff, and, therefore, a bail bonding company is prohibited from writing bail bonds for the release of defendants confined in the county detention center of the county the deputy sheriff serves if the bail bonding company is owned by the deputy sheriff’s spouse, parent, or child. Op. of Miss. Ethics. Comm. Op. No. 01-124-E.

A state trooper may also be employed part-time as a county civil defense director, but should avoid contracting with any division of a county government that he is directly or indirectly involved with through his state employment. Op. of Miss. Ethics. Comm. Op. No. 02-014-E.

A city alderman must recuse himself from all city discussions and actions related to a developer subdividing lots within the alderman’s neighborhood. Op. of Miss. Ethics. Comm. Op. No. 02-023-E.

A county supervisor’s direct or indirect involvement with matters concerning his employing community college or the community college with which he contracts that are before the board of supervisors has the potential of creating suspicion among the public and reflecting unfavorably upon the community college and the county; this is a reason why the requestor is advised to recuse himself from all matters coming before the board that concern the community college. Op. of Miss. Ethics Comm. Op. No. 02-072-E.

The public policy mandate set forth in §25-4-101 is a sufficient reason for a city to avoid contracting or subcontracting with a business that employs its alderman. Op. of Miss. Ethics Comm. Op. No. 02-073-E.

A mayor benefitting from the city’s historic preservation district tax abatement program, in order to comply with the state’s public policy mandate set forth in §25-4-101, must totally and completely recuse himself from all matters related to the city approving tax abatement on the improvements to his building. Op. of Miss. Ethics Comm. Op. No. 02-075-E.

A member of the state board overseeing state-sponsored savings plans who is also a registered investment broker employed by an investment company must recuse himself from all matters coming before the board related to his investment company employer and its other broker/dealers brokering state savings plans to its customers, including the approval of the third party advisor plan, to fully and completely comply with the public policy mandate set forth in §25-4-101. Op. of Miss. Ethics Comm. Op. No. 02-076-E.

A governmental entity’s board member should recuse himself or herself from any action that comes before his or her board that concerns a request of a quasi-governmental board on which he or she also serves. Op. of Miss. Ethics Comm. Op. No. 02-079-E.

Because employment of an alderman’s daughter by the city as city prosecutor has the potential of creating suspicion among the public and reflecting unfavorably upon the city, the alderman must totally and completely recuse himself from all discussions, actions and decisions concerning his daughter’s employment contract with the city. Op. of Miss. Ethics Comm. Op. No. 02-081-E.

Where a commission member holds a leadership role in a trade association that represents licensees which the commission is charged with regulating, the potential of creating suspicion among the public and reflecting unfavorably upon the state exists and the member must totally and completely recuse himself from all discussions, actions and decisions concerning the trade association. Op. of Miss. Ethics Comm. Op. No. 02-083-E.

A city police officer serving as a constable for the county in which the city police officer’s employing city is located has the potential of creating suspicion among the public and reflecting unfavorably upon his city employer, therefore, the officer should avoid performing his constable duties in circumstances where he as a police officer would be directly or indirectly involved in such circumstances by way of his city law enforcement authority so as to fully comply with the public policy mandate set forth in §25-4-101. Op. of Miss. Ethics Comm. Op. No. 02-088-E.

A legislator being the attorney of record for a business receiving a state grant has the potential of creating suspicion among the public and reflecting unfavorably upon the state, therefore, the legislator must totally and completely recuse himself from all discussions, actions and decisions of the Legislature concerning the business. Op. of Miss. Ethics Comm. Op. No. 02-089-E.

Representation by a legislator or his law firm of a business in an action brought under the state’s Public Records Act to prevent the release of grant information to the public, especially where the grant funding was appropriated by the Legislature, is a circumstance that will appear suspicious to the public and cause the state and Legislature to appear in an unfavorable light, therefore, neither the legislator nor his law firm should represent the business in the action. Op. of Miss. Ethics Comm. Op. No. 02-089-E.

A teacher’s participation in a booster club that also sells pre-game meals to a school presents a circumstance having the potential of creating suspicion among the public and reflecting unfavorably upon the school district, therefore, the teachers must be careful to avoid any situations that would cause the public concern related to contracts between the booster club and the school district. Op. of Miss. Ethics Comm. Op. No. 02-091-E.

The state’s public policy of public service being a public trust forbids a state agency’s deputy administrator from serving in dual public positions when one position supervises the approval, issuance and regulation of a grant received by another governmental entity she serves as a board member. Op. of Miss. Ethics Comm. Op. No. 02-095-E.

A mayor may participate in a hearing to re-zone property from agricultural to residential use when the owners of the property may in the future request the property to be re-zoned commercial for a funeral home that would compete with the mayor’s business. Op. of Miss. Ethics Comm. Op. No. 02-100-E.

A legislator is prohibited from serving as a board member of a human resource agency. Op. of Miss. Ethics Comm. Op. No. 02-103-E.

A recreational authority’s executive director, is prohibited from serving a city/county sports officials organization as an officer when his position as the authority’s executive director is responsible for oversight of its contract with the organization. Op. of Miss. Ethics Comm. Op. No. 02-111-E.

A city board is not barred from authorizing a contract with an insurance company when such authorization occurs after an alderman’s and his spouse’s full divestiture of their interests in the insurance company; however, the alderman must be advised that he should totally and completely recuse himself from any decision of the city board to contract with the company. Op. of Miss. Ethics Comm. Op. No. 02-115-E.

Conflict of interest laws do not prohibit a mayor from reappointing his brother-in-law to serve on a housing authority board. Op. of Miss. Ethics Comm. Op. No. 02-117-E.

It is not as such a violation of the state conflict of interest laws for a state conservation officer to be employed as a patrol officer for a levee board. Op. of Miss. Ethics Comm. Op. No. 02-118-E.

If a county supervisor was a member of the board that authorized the levy of an emergency telephone service charge to fund the E-911 Commission, Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) prohibit the supervisor’s spouse from remaining employed with the E-911 Commission after their marriage and this prohibition will apply until one year after the supervisor has left office. Op. of Miss. Ethics Comm. Op. No. 02-119-E.

It is not as such a violation of the conflict of interest laws for an attorney whose firm represents a municipality to simultaneously serve as a municipal school board member as the municipality and the school district are separate governmental authorities as defined in Code Section 25-4-103(g)(h). Op. of Miss. Ethics Comm. Op. No. 02-120-E.

A school board is prohibited by Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) from hiring a prospective school board member’s law firm and/or an insurance company when the school district’s contract with the law firm or the insurance company was authorized by the school board during the prospective school board member’s term or within one year thereafter. Op. of Miss. Ethics Comm. Op. No. 02-120-E.

A county supervisor may not in any way be involved in the board of supervisors’ decision to appoint his stepchild to a community college board of trustees as his involvement would result in a violation of Code Section 25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 02-121-E.

A community college may contract for energy savings services with Company C when that company and Company A, for which a college trustee serves as a member of the board of directors, are both subsidiaries of Company B, because the trustee’s interest in Company C’s energy savings agreement with the college by way of his directorship with Company A is outside the “edge of the target” necessary for violating Mississippi Constitution Section 4-109 and Code Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 02-122-E.

Conflict of interest laws do not prohibit a planning commission from contracting with a business whose past employee now works as executive director of the planning commission nor do the conflict of interest laws impose a waiting period before such a contract may occur. Op. of Miss. Ethics Comm. Op. No. 02-127-E.

Conflict of interest laws do not prohibit a prosecuting attorney from being employed by the state and a municipality; however the attorney is prohibited by Code Section 25-4-105(1) from using her official position to obtain a pecuniary benefit for herself or a business with which she is associated, and she must avoid involvement with any prosecution of a matter concerning the division of the state also employing her in order to fully comply with the public policy mandate set forth in Code Section 25-4-101. Op. of Miss. Ethics Comm. Op. No. 02-132-E.

City employees participating in a HUD loan program would not violate Code Section 25-4-105(3)(a) by receiving the down payment assistance administered by the city; however, to fully and completely comply with the public policy mandate set forth in Code Section 25-4-101, the city and employees should avoid situations related to the program if the employees appear to realize personal gain through official conduct. Op. of Miss. Ethics Comm. Op. No. 02-134-E.

Failure of an aldermen to totally and completely recuse himself from matters pertaining to a re-zoning issue that could affect the value of his property would result in his violating Code Section 25-4-105(1) should he receive a pecuniary benefit through an increase or avoidance of a decrease in the value of his property, in addition to his failing to comply with state public policy as mandated in Code Section 25-4-101. Op. of Miss. Ethics Comm. Op. No. 02-135-E.

Conflict of interest laws do not as such prohibit an individual from simultaneously holding the employment positions of county school resource officer, constable and county youth court compliance officer. Op. of Miss. Ethics Comm. Op. No. 02-136-E.

The conflict of interest laws do not prohibit a municipality from purchasing sports uniforms from an alderman’s son’s business as long as the alderman has no direct or indirect interest in the son’s business’s contract with the city to sell the uniforms. Op. of Miss. Ethics. Comm. Op. No. 03-001-E.

A school district would not be prohibited from continuing to furnish teachers to a city-operated community center employing a newly elected school board member as assistant director of the city community center. Op. of Miss. Ethics. Comm. Op. No. 03-002-E.

A member of the county board of supervisors would be prohibited from using his official position to approve his father’s employment as the county district’s road construction manager in a beat system county; to avoid a violation, the supervisor may not in any way be involved in the decision to employ his father with the county and, in addition, may not be involved in any decisions concerning pay raises or the increasing of other benefits that would benefit his father’s county employment. Op. of Miss. Ethics. Comm. Op. No. 03-003-E.

Conflict of interest laws do not prohibit an individual from simultaneously holding the employment position of constable while also employed as a Department of Transportation law enforcement officer, a president/fire chief of a volunteer fire department, an operator of a water association and a part-time campus police officer for a county school district. Op. of Miss. Ethics. Comm. Op. No. 03-004-E.

There is no specific time limit applicable to Code Section 25-4-101 that would automatically allow an alderman who previously had an interest in the insurance company to avoid the public policy issue when participating in a vote by his board related to the insurance company. Op. of Miss. Ethics. Comm. Op. No. 03-007-E.

It is not a violation of the conflict of interest laws for a city’s buildings and grounds director to simultaneously serve as a county supervisor when the employing city is located within the county he will serve. Op. of Miss. Ethics. Comm. Op. No. 03-009-E.

In order to avoid violating conflict of interest laws by contracting with a publishing company to develop material that could be approved as an educational curriculum, a part-time employee of a state university, who performs professional development and implementation of programs work under a contract between the university and the department of education to develop curriculum frameworks for the department of education, must recuse himself, in his university job, from all matters concerning the publishing company. Op. of Miss. Ethics. Comm. Op. No. 03-012-E.

Conflict of interest laws do not prohibit City A’s alderman from also serving as the board attorney of City B when City B’s alderman is employed by City A because the two municipalities are separate governmental entities as set forth in the definitions in Code Section 25-4-103(g)(ii) and (h). Op. of Miss. Ethics. Comm. Op. No. 03-013-E.

It is not a violation of the conflict of interest laws for a city firefighter to simultaneously serve as a county supervisor, even though the employing city is located within the county he will serve. Op. of Miss. Ethics. Comm. Op. No. 03-014-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) would prohibit the son of a member of the city council from remaining employed with the city if the council member does, in fact, have an interest, direct or indirect, in the son’s employment contract; to avoid using his official position to obtain a pecuniary benefit for his son, the council member must totally and completely recuse himself from subject matters providing a pecuniary benefit to the son. Op. of Miss. Ethics. Comm. Op. No. 03-015-E.

It is not a violation of the conflict of interest laws for a school teacher to simultaneously serve as a county supervisor, even though the employing school district is located within the county he will serve. Op. of Miss. Ethics. Comm. Op. No. 03-018-E.

Code Section 25-4-105(1) would absolutely prohibit a county supervisor from participating in and voting on the issuance of Tax Increment Financing Bonds if a subsidiary corporation employing the supervisor’s daughter was developing the area or involved in any other way; the only way the supervisor could avoid a violation would be to totally and completely recuse himself from all discussions, actions and votes of the board of supervisors related to the authorization and issuance of the bonds. Op. of Miss. Ethics. Comm. Op. No. 03-019-E.

Conflict of interest laws do not prohibit an individual from serving as city judge when the individual’s sister or brother serves as an alderman for the same city. Op. of Miss. Ethics. Comm. Op. No. 03-021-E.

Conflict of interest laws will not prohibit a police chief, whose cousin also serves the same city as alderman, from serving a city, unless the alderman has a direct or indirect interest in the employment contract. Op. of Miss. Ethics. Comm. Op. No. 03-021-E.

It is not a violation of the conflict of interest laws for a board of supervisors to appoint an individual to the position of jury commissioner when the individual’s spouse serves the county as deputy circuit clerk. Op. of Miss. Ethics. Comm. Op. No. 03-026-E.

It is not a violation of the conflict of interest laws for a board of supervisors to appoint an individual to the position of jury commissioner when the individual’s spouse serves the county as deputy circuit clerk. Op. of Miss. Ethics. Comm. Op. No. 03-026-E.

Conflict of interest laws do not prohibit the mother of a state board executive director from assisting a state agency in an investigation, on a pro bono basis, when the mother has a specific medical condition conducive to helping in the conduct of an investigation of possible professional misconduct by individuals regulated by the state agency in question. Op. of Miss. Ethics. Comm. Op. No. 03-027-E.

Conflict of interest laws do not prohibit a municipal court judge from also serving as the county youth court prosecutor when the municipality is located within the county the youth court prosecutor serves. Op. of Miss. Ethics. Comm. Op. No. 03-028-E.

A state university instructor, if elected as a member of the Legislature, must resign from her position with the university prior to the Legislature appropriating funding for the university during her term of office. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

State conflict of interest laws do not prohibit a state university instructor from being a candidate for the Legislature; however, Code Sections 25-4-101 and 25-4-105(1) both prohibit a university instructor from campaigning for elected office during the hours when she is carrying out public duties and being compensated by the state, and from using state equipment, supplies or other resources in any campaign activity. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

The employment of a Legislator’s spouse as a university instructor compensated with funds appropriated by the Legislature would not violate Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) due to the Supreme Court’s “large class rule”being applicable to the circumstance. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

Conflict of interest laws do not as such prohibit a Legislator’s spouse from serving as a county public defender. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

Conflict of interest laws do not as such prohibit a legislative candidate or an elected Legislator from serving on a city planning and zoning commission. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

It is not a violation of the conflict of interest laws for a city planning and zoning commissioner’s spouse to receive compensation from the same city related to city misdemeanor cases. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

Conflict of interest laws do not prohibit an individual from serving as a county constable while simultaneously employed by the Department of Human Services as a child support enforcement officer; however, the individual may not perform the duties and responsibilities of a constable when on duty with the state and being paid by the state or using state resources. Op. of Miss. Ethics. Comm. Op. No. 03-039-E.

A town may contract with the municipal court clerk’s spouse’s business to maintain the town’s cemetery without the clerk violating Code Section 25-4-105(3)(a), where the exception set forth in Code Section 25-4-103(k)(iv) is applicable. Op. of Miss. Ethics. Comm. Op. No. 03-040-E.

It is not a violation of the conflict of interest laws for the county to hire the county tax assessor/collector’s spouse as a road foreman. Op. of Miss. Ethics. Comm. Op. No. 03-042-E.

Where an employee of a planning and development district married executive director’s daughter, as the son-in-law’s supervisor and the district’s executive director, the director may not transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline the son-in-law as a district employee. Op. of Miss. Ethics. Comm. Op. No. 03-045-E.

OPINIONS OF THE ATTORNEY GENERAL

Member of Board of Directors for Mississippi Home Corporation could accept full time position as senior attorney for Mississippi Tort Claims Board; since both positions are in executive branch of state government, there is no violation of the separation of powers provisions of Article I, Sections 1 and 2, Mississippi Constitution of 1890 and there appears to be no violation of Mississippi Ethics in Government laws, Sections 25-4-101, et seq., since neither position has impact on appointment to or compensation of the other. Ketchins, March 9, 1994, A.G. Op. #93-1015.

Accepting as fact that no benefit will accrue to a board member/tenant by the installation of a culvert, and if the board finds on its minutes that the placement of the culvert would be of public benefit, under Section 25-4-101, there is no prohibition against a board member voting for the motion to install it. Blackwell, March 2, 1995, A.G. Op. #95-0069.

A municipality may not adopt ordinances that address the area of ethics, as this area has been preempted by state law. McKissack, Dec. 13, 2002, A.G. Op. #02-0119.

The Separation of Powers doctrine, Miss. Const., Art. 1, §§ 1-2, prohibits an individual from holding two offices in two different branches of government simultaneously. An individual may simultaneously serve as a member of a county school board and as county circuit clerk because both offices are within the executive branch of the government. Maples, February 16, 2007, A.G. Op. #07-00074, 2007 Miss. AG LEXIS 22.

Editor’s Notes —

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 12.

Section 2 of Chapter 482, Laws of 1984, proposed to amend §25-4-103, effective from and after the date Senate Concurrent Resolution No. 548 of the 1984 Regular Session of the Mississippi Legislature (Chapter 655, Laws, 1984) was ratified by the electorate in November 1984. Senate Concurrent Resolution No. 548 (Chapter 655, Laws, 1984) proposed to amend § 109 of the Mississippi Constitution, and to repeal §§ 107 and 210 of the Mississippi Constitution. The Senate Concurrent Resolution No. 548 was submitted to the electorate for ratification in November 1984, but was rejected; thus the proposed amendment to §25-4-103 never became effective.

Amendment Notes —

The 2008 amendment substituted “Two Thousand Five Hundred Dollars ($2,500.00)” for “One Thousand Dollars ($1,000.00)” in (d); and rewrote (q) to revise the definition of “Relative.”

Cross References —

Authority of the ethics commission to issue advisory opinions with regard to any standard of conduct set forth in this section, see §25-4-17.

Prohibition against public official deriving income from issuance of bonds under Mississippi Major Economic Impact Act, see §57-75-25.

Application of this section to prohibition against giving any pecuniary benefit to the public service commission, its staff or employees, see §77-1-11.

JUDICIAL DECISIONS

1. In general.

Step-son of an asphalt company owner, who was also a local governmental board member, bid on public construction project, and the step-son was awarded the project; the Mississippi Ethics Commission erred in determining that step-son was a relative because Miss. Code Ann. §25-4-103(q) was plain, clear, and unambiguous, and “step-son” was not included in the statutory definition of relative. Miss. Ethics Comm'n v. Grisham, 957 So. 2d 997, 2007 Miss. LEXIS 328 (Miss. 2007).

A public servant with purely ministerial duties and with no power to vote on matters considered by the governmental entity with which he or she is associated is not considered a “member” of that entity as the term is applied in §§25-4-101 et seq of the Ethics in Government laws. Moore ex rel. Chickasaw County v. McCullough, 633 So. 2d 421, 1993 Miss. LEXIS 505 (Miss. 1993).

ETHICS OPINIONS

A community college is not considered a “business” as defined subsection (c) of this section. Op. of Miss. Ethics Comm. Op. No. 97-144-E.

A community hospital is an authority of the political subdivision that owns it as defined in §25-4-103(a) and therefore is not a separate governmental entity as defined in §25-4-103(h). Op. of Miss. Ethics Comm. Op. No. 97-145-E.

A governmental board’s nonvoting member’s private nonprofit association is prohibited from contracting with the governmental board should it qualify as a business under the definition set forth in subsection (c) and should the nonvoting member have a material financial interest in the private nonprofit association as defined in paragraph (ii) of subsection (k). Op. of Miss. Ethics. Comm. Op. No. 97-155-E.

A county administrator may serve as an advisory board member of a bank and own stock in the bank, even though the bank does business with the county, as long as the administrator owns less than 2 percent of the bank and his income from the bank remains under the $5,000.00 aggregate annual net income threshold. Op. of Miss. Ethics Comm. Op. No. 98-002-E.

A community hospital’s chief executive officer and chief financial officer under the manager’s contract with the community hospital may simultaneously serve as uncompensated board members and officers of a nonprofit corporation organized and operated exclusively to promote health and healthcare in the community hospital’s service area even though the nonprofit corporation will receive financial assistance and grants from the community hospital. Op. of Miss. Ethics Comm. Op. No. 98-005-E.

An employee of a community hospital holding the position of vice president of clinical services may simultaneously serve as an uncompensated board member and officer of a nonprofit corporation organized and operated exclusively to promote health and healthcare in the community hospital’s service area even though the nonprofit corporation will receive financial assistance and grants from the community hospital. Op. of Miss. Ethics Comm. Op. No. 98-005-E.

It is not a violation of the state conflict of interest laws for a constable to do private investigative work for an indigent defendant in a capital murder case in a county other than the county the constable is elected to serve when appointed to do so by the Circuit Court. Op. of Miss. Ethics Comm. Op. No. 98-007-E.

A municipality may contract with an office supply store owned by the spouse of one of the municipality’s utilities clerks where the clerk exercises no control, direct or indirect, over the contract between the spouse and the municipality. Op. of Miss. Ethics Comm. Op. No. 98-029-E.

A state-appointed member of the Board of Registration for Professional Engineers and Land Surveyors may serve a political party as the county chairperson, as a district chairperson, and as the state secretary of the executive committee. Op. of Miss. Ethics Comm. Op. No. 98-072-E.

Water and sewer district commissioners are public servants within the meaning of this section. Op. of Miss. Ethics Comm. Op. No. 98-089-E.

A nonprofit corporation is a business and not a governmental entity for purposes of this section. Op. of Miss. Ethics Comm. Op. No. 99-061-E.

A nonprofit foundation met the definition of “government” as set forth in subsection (g)(v) where it was established by an order of a county board of supervisors to carry out the board of supervisors’ grant of public power to provide necessary and proper relief and support to the county’s poor and to expend public funds for treatment of the indigent sick and to promote public health in the county. Op. of Miss. Ethics. Comm. Op. No. 99-103-E.

A law enforcement officer’s spouse is not as such prohibited by the conflict of interest laws from writing bail bonds for the release of defendants confined in the jail of the law enforcement officer’s entity as a soliciting bail agent for a bail bond company if neither the law enforcement officer nor his spouse is an officer, director, or partner in the bail bond company and they have no ownership interest in the bail bond company; however, the law enforcement officer must totally and completely remove himself from the approval of any surety bail bond with which she or her bail bond company employer is associated. Op. of Miss. Ethics. Comm. Op. No. 99-106-E.

A state agency could contract with a company where the president of the company was the spouse of an employee of the state agency as the state agency employee was not in an employment position that allowed her to exercise control, direct or indirect, over the contract between her spouse’s company and the state agency and also had no personal or pecuniary interest in the company except through her spouse’s personal and pecuniary interest; however, the state agency would be required to establish rules and procedures to prevent the employee from discussing her spouse’s company’s bid, and, if applicable later, her spouse’s company’s contract with state agency staff or any other person including casual comments, as well as detailed discussions, made in person, by telephone or by any other means. Op. of Miss. Ethics. Comm. Op. No. 99-E.

It is not as such a violation of the conflict of interest laws for a town to purchase land from the mayor’s father-in-law for its appraised value when the land has been designated essential for water facility expansion, primarily because a father-in-law of a public servant is not a relative within the meaning of the statute. Op. of Miss. Ethics. Comm. Op. No. 99-113-E.

An attorney for a board of trustees of a public school district who is paid monthly based on an hourly rate, plus reimbursement of expenses, is a “public servant” of the school district for purposes of the statute. Op. of Miss. Ethics. Comm. Op. No. 00-005-E.

Mississippi Technology, Inc. is not a part of government for the purpose of the state’s conflict of interest laws, even though it does expend public funds, at it was not created by statute, ordinance, or executive order. Op. of Miss. Ethics. Comm. Op. No. 00-034-E.

Mississippi Technology, Inc. board members are not public servants for the purpose of the state’s conflict of interest laws. Op. of Miss. Ethics. Comm. Op. No. 00-034-E.

The county port authority could accept a bid from and contract with a towing company to do maintenance and repair work on the county port authority’s barge fleet area when the towing company was also the lessee of the county port authority’s barge fleet area as neither the towing company nor its owner were public servants. Op. of Miss. Ethics. Comm. Op. No. 00-071-E.

A school district can employ its business manager’s brother as assistant business manager and its business manager’s sister-in-law as assistant payroll clerk as a brother and a sister-in-law are not relatives for purposes of the statute. Op. of Miss. Ethics. Comm. Op. No. 01-053-E.

It is not a violation of the state conflict of interest laws for a city’s utility commissioner to complete his current term on the city’s utility commission after his son-in-law is elected to the city’s board of aldermen or for a city’s utility commissioner to be reappointed by the board of aldermen on which his son-in-law serves as a father-in-law of a public servant is not a relative for purposes of the statute. Op. of Miss. Ethics. Comm. Op. No. 01-061-E.

A board of aldermen can accept a bid to purchase a backhoe from a company that employs the brother of one of the aldermen as a brother is not a “relative” for purposes of the statute. Op. of Miss. Ethics. Comm. Op. No. 01-104-E.

A deputy chancery clerk is prohibited by §25-4-105(3)(a) from simultaneously holding a part-time position with the same county’s sheriff department/correctional facility as the chancery clerk’s office and the sheriff’s department are considered to be within the same county authority for purposes of conflict of interest laws. Op. of Miss. Ethics Comm. Op. No. 02-050-E.

An individual serving as the county public defender may also serve as a justice court judge appointed by the county board of supervisors to fill an unexpired justice court judge’s term. Op. of Miss. Ethics Comm. Op. No. 02-097-E.

County board of supervisors is not prohibited from assigning to the comptroller of a county additional job duties and responsibilities, including those of maintaining the records for the county’s fire commission, or setting the comptroller’s compensation for performing those duties. Op. of Miss. Ethics Comm. Op. No. 02-098-E.

It is not a violation of the conflict of interest laws for a city council member to simultaneously serve as director of the county emergency communications commission, created by the county board of supervisors, so long as no contracts exist between the two governmental entities, the county and the city, in which the city council member would have an inherent interest and/or a private pecuniary benefit. Op. of Miss. Ethics Comm. Op. No. 02-104-E.

A Department of Correction employee may also hold the position of county supervisor. Op. of Miss. Ethics Comm. Op. No. 02-105-E.

Conflict of interest laws do not prohibit a mayor from reappointing his brother-in-law to serve on a housing authority board. Op. of Miss. Ethics Comm. Op. No. 02-117-E.

It is not as such a violation of the state conflict of interest laws for a state conservation officer to be employed as a patrol officer for a levee board. Op. of Miss. Ethics Comm. Op. No. 02-118-E.

It is not as such a violation of the conflict of interest laws for an attorney whose firm represents a municipality to simultaneously serve as a municipal school board member, as the municipality and the school district are separate governmental authorities as defined in Code Section 25-4-103(g)(h). Op. of Miss. Ethics Comm. Op. No. 02-120-E.

A school board is prohibited by Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) from hiring a prospective school board member’s law firm and/or an insurance company hiring the prospective school board member’s law firm when the school district’s contract with the law firm or the insurance company was authorized by the school board during the prospective school board member’s term or within one year thereafter. Op. of Miss. Ethics Comm. Op. No. 02-120-E.

A county supervisor may not in any way be involved in the board of supervisors’ decision to appoint his stepchild to a community college board of trustees as his involvement would result in a violation of Code Section 25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 02-121-E.

An individual employed and compensated by a business that is a contractor with a regional correctional facility does not qualify as a public servant under Code Section 25-4-103(p)(i)(ii)(iii); therefore, the conflict of interest laws would not prohibit that individual from writing bail bonds for offenders held in the county jail. Op. of Miss. Ethics Comm. Op. No. 02-128-E.

A school district may contract with a school teacher’s spouse’s business to purchase sporting equipment without the school teacher violating Code Section 25-4-105(3)(a) if, in accord with the exception in Code Section 25-4-103(k)(iv), the teacher has no direct or indirect control over the contracts between the district and her spouse’s business. Op. of Miss. Ethics Comm. Op. No. 02-125-E.

An employee of the Mississippi Department of Health is not prevented from operating a daycare as the employee’s use of her official position is a necessary element to violate Code Section 25-4-105(1); however the employee must be careful to recuse herself from all matters coming before her state job related to the daycare with which she is associated to ensure she does not violate that section. Op. of Miss. Ethics Comm. Op. No. 02-126-E.

An employee of the Mississippi Department of Health is not prevented from operating a daycare as an employee’s use of her official position is a necessary element for violation of Code Section 25-4-105(1); however the employee must be careful to recuse herself from all matters coming before her state job related to the daycare with which she is associated to ensure she does not violate that section. Op. of Miss. Ethics Comm. Op. No. 02-126-E.

Because the executive director of a nonprofit organization, as a legislator, would be a public servant under Code Section 25-4-103(p)(i), if he had within his job duties as a compensated director of the organization the responsibility to attempt to persuade legislators to pass laws, he would be certain to violate Code Section 25-4-105(3)(d). Op. of Miss. Ethics Comm. Op. No. 02-130-E.

Code Section 25-4-105(3)(a) does not prohibit a chancellor, who does not have a primary office provided by the county, from using the per annum provided by the Administrative Office of the Courts under Code Section 9-1-36(8) to pay rent expense on office space owned and provided by the chancellor and used as his primary office; furthermore, Code Section 25-4-105(1), is not applicable as the authorized per annum is considered compensation provided for by law. Op. of Miss. Ethics. Comm. Op. No. 03-006-E.

The Office of State Aid Road Construction is not prohibited by the conflict of interest laws from employing the spouse of the Department of Transportation’s chief engineer. Op. of Miss. Ethics. Comm. Op. No. 03-008-E.

It is not a violation of the conflict of interest laws for a city’s buildings and grounds director to simultaneously serve as a county supervisor when the employing city is located within the county he will serve. Op. of Miss. Ethics. Comm. Op. No. 03-009-E.

Conflict of interest laws do not prohibit City A’s alderman from also serving as the board attorney of City B when City B’s alderman is employed by City A because the two municipalities are separate governmental entities as set forth in the definitions in Code Section 25-4-103(g)(ii) and (h). Op. of Miss. Ethics. Comm. Op. No. 03-013-E.

It is not a violation of the conflict of interest laws for a city firefighter to simultaneously serve as a county supervisor, even though the employing city is located within the county he will serve. Op. of Miss. Ethics. Comm. Op. No. 03-014-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) would prohibit the son of a member of the city council from remaining employed with the city if the council member does, in fact, have an interest, direct or indirect, in the son’s employment contract; to avoid using his official position to obtain a pecuniary benefit for his son, the council member must totally and completely recuse himself from subject matters providing a pecuniary benefit to his son. Op. of Miss. Ethics. Comm. Op. No. 03-015-E.

A state employee is prohibited from having a material financial interest in an outsourcing business as a part owner if the business enters into a contract to provide services to any agencies, departments or commissions of the state. Op. of Miss. Ethics. Comm. Op. No. 03-016-E.

After purchasing a residential property from the county board of education, a town is prohibited from selling or lease the property to an alderman who currently resides in the property as the school’s principal. Comm. Op. No. 03-017-E.

After purchasing a residential property from the county board of education, a town is prohibited from leasing the property to the county board of education for use as the residence of the school’s principal who is also the town’s alderman. Comm. Op. No. 03-017-E.

It is not a violation of the conflict of interest laws for a school teacher to simultaneously serve as a county supervisor, even though the employing school district is located within the county he will serve. Op. of Miss. Ethics. Comm. Op. No. 03-018-E.

Code Section 25-4-105(1) would absolutely prohibit a county supervisor from participating in and voting on the in the issuance of Tax Increment Financing Bonds if a subsidiary corporation employing the supervisor’s daughter was developing the area or involved in any other way; the only way the supervisor could avoid a violation would be to totally and completely recuse himself from all discussions, actions and votes of the board of supervisors related to the authorization and issuance of the bonds. Op. of Miss. Ethics. Comm. Op. No. 03-019-E.

Code Section 25-4-105(3)(a) will prohibit a county planning commission member from being employed and compensated by the county sheriff’s department as a part-time deputy sheriff. Op. of Miss. Ethics. Comm. Op. No. 03-020-E.

Conflict of interest laws do not prohibit an individual from serving as city judge when the individual’s sister or brother serves as an alderman for the same city. Op. of Miss. Ethics. Comm. Op. No. 03-021-E.

Conflict of interest laws will not prohibit a police chief, whose cousin also serves the same city as alderman, from serving a city, unless the alderman has a direct or indirect interest in the employment contract. Op. of Miss. Ethics. Comm. Op. No. 03-021-E.

A town may contract with the municipal court clerk’s spouse’s business to maintain the town’s cemetery without the clerk violating Code Section 25-4-105(3)(a), where the exception set forth in Code Section 25-4-103(k)(iv) is applicable. Op. of Miss. Ethics. Comm. Op. No. 03-040-E.

OPINIONS OF THE ATTORNEY GENERAL

Campaign contributions legally received from regulated utility companies during a prior Mississippi House of Representatives campaign, that were not spent during that campaign, can be used in a prospective upcoming campaign for Public Service Commissioner even though they would otherwise be prohibited contributions, so long as they were made prior to any discussion or consideration of running for Public Service Commissioner and prior to becoming a candidate for the office, as described in Miss. Code Ann. §77-1-11. Ellington, February 9, 2007, A.G. Op. #07-00071, 2007 Miss. AG LEXIS 20.

Editor’s Notes —

Section 43-33-704 provides that the term “Mississippi Housing Finance Corporation” shall mean the “Mississippi Home Corporation.”

The United States Attorney General, by letter dated July 1, 1994, interposed no objection, under Section 5 of the Voting Rights Act, to the amendment of this section by Laws, 1994, ch. 586, § 1.

The United States Attorney General, by letter dated February 6, 1995, interposed an objection, under Section 5 of the Voting Rights Act, to the amendment of this section by Laws, 1994, ch. 625, § 1; therefore, the amendment did not become effective.

The United States Attorney General, by letter dated August 21, 2000, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws, 2000, ch. 578, § 2.

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 13.

Amendment Notes —

The 2008 amendment inserted “or attempt to obtain” twice in (1).

Cross References —

Constitutional provision concerning public official contracts with the state or political subdivisions, see Miss. Const. Art. 4, § 109.

Authority of the ethics commission to issue advisory opinions with regard to any standard of conduct set forth in this section, see §25-4-17.

Public officials not to derive income from issuance of bonds by Mississippi Home Corporation, see §43-33-763.

Prohibition against public official deriving income from issuance of bonds under Mississippi Major Economic Impact Act, see §57-75-25.

Application of this section to the Mississippi Gaming Commission, see §75-76-9.

JUDICIAL DECISIONS

1. In general; definitions; construction of terms.

2. Hospital, health care.

3. Illustrative cases.

1. In general; definitions; construction of terms.

Step-son of asphalt company owner, who was also a governmental board member, bid on public construction project, and the step-son was awarded the project; the Mississippi Ethics Commission erred in determining that step-son was a relative because Miss. Code Ann. §25-4-103(q) was plain, clear, and unambiguous, and “step-son” was not included in the statutory definition of relative. Miss. Ethics Comm'n v. Grisham, 957 So. 2d 997, 2007 Miss. LEXIS 328 (Miss. 2007).

Good faith and value are irrelevant when a public servant violates subsection (1). Hinds Community College Dist. v. Muse, 725 So. 2d 207, 1998 Miss. LEXIS 610 (Miss. 1998).

The court rejected the contention that the statute is a quasi-criminal statute that must be construed narrowly. Hinds Community College Dist. v. Muse, 725 So. 2d 207, 1998 Miss. LEXIS 610 (Miss. 1998).

The statute which governs nepotism, §25-1-53, did not pre-empt the application of §25-4-105 and to a situation in which the president of a community college employed his wife as a teacher since the former statute does apply to the employment of teachers. Hinds Community College Dist. v. Muse, 725 So. 2d 207, 1998 Miss. LEXIS 610 (Miss. 1998).

A public servant with purely ministerial duties and with no power to vote on matters considered by the governmental entity with which he or she is associated is not considered a “member” of that entity as the term is applied in §§25-4-101 et seq of the Ethics in Government laws. Moore ex rel. Chickasaw County v. McCullough, 633 So. 2d 421, 1993 Miss. LEXIS 505 (Miss. 1993).

The assignment of a lease-purchase contract with a county to a business owned by the chancery clerk of the county board of supervisors did not violate §25-4-105(3)(a), which prohibits a public servant from being a contractor, subcontractor or vendor with the governmental entity of which he or she is a member, since an assignment of a contract to a public servant’s business does not violate the language of the statute, and the chancery clerk was not a “member” of a governmental entity but was merely an employee. Moore ex rel. Chickasaw County v. McCullough, 633 So. 2d 421, 1993 Miss. LEXIS 505 (Miss. 1993).

A judge’s conduct warranted removal from office where he had utilized the criminal processes to collect fines and fees, had failed to properly account for said fines, and had converted them to his own use, thereby receiving pecuniary benefits. Mississippi Judicial Performance Com. v. Coleman, 553 So. 2d 513, 1989 Miss. LEXIS 477 (Miss. 1989).

Where portion of teacher salaries under teaching contracts comes from discretionary rather than mandatory local tax levies, teachers cannot validly contract with school district while on board of governing authority making such tax levies, or within one year after expiration of term on governing board, and it follows that insofar as §25-4-105(3)(h) [repealed] attempts to make exception and authorize such contract it is unconstitutional and void under § 109 of Mississippi Constitution; individual serving as member of county board of supervisors which contracts with bank of which he is officer and stockholder violates § 109 of Mississippi Constitution and it follows that §25-4-105(3)(a) authorizing such contract is unconstitutional and void; declaratory judgment to be without force and effect until January 1, 1988. Frazier v. State, 504 So. 2d 675, 1987 Miss. LEXIS 2394 (Miss. 1987).

Where portion of teacher salaries under teaching contacts comes from discretionary rather than mandatory local tax levies, teachers cannot validly contract with school district while on board of governing authority making such tax levies, or within one year after expiration of term on governing board, and it follows that insofar as §25-4-105(3)(h) attempts to make exception and authorize such contract, it is unconstitutional and void under § 109 of Mississippi Constitution; individual serving as member of county board of supervisors which contracts with bank of which he is officer and stockholder violates § 109 of Mississippi Constitution and it follows that §25-4-105(3)(a) authorizing such contract is unconstitutional and void. Frazier v. State, 504 So. 2d 675, 1987 Miss. LEXIS 2394 (Miss. 1987).

2. Hospital, health care.

Decision of the Mississippi Division of Medicaid (DOM) to award a fiscal agent contract to a service provider was supported by substantial evidence and was not arbitrary or capricious, where ethical issues regarding the provider’s alleged improper hiring of DOM’s former executive director, which allegedly gave the provider an illegal competitive advantage. Elec. Data Sys. Corp. v. Miss. Div. of Medicaid, 853 So. 2d 1192, 2003 Miss. LEXIS 411 (Miss. 2003).

3. Illustrative cases.

A complaint against a city manager properly stated a cause of action for a violation of subsection (1) where it alleged that he used his official position to arrange urban development action grant loans for a dentist who leased a house from him, which loans were to be used to renovate and improve the property. Moore ex rel. City of Aberdeen v. Byars, 757 So. 2d 243, 2000 Miss. LEXIS 77 (Miss. 2000).

A complaint against a city manager properly stated a cause of action for a violation of subsection (5) where it alleged that he was privy to confidential information which he used to assist a dentist who leased a house from him in obtaining urban development action grant loans, which loans were to be used to renovate and improve the property. Moore ex rel. City of Aberdeen v. Byars, 757 So. 2d 243, 2000 Miss. LEXIS 77 (Miss. 2000).

ETHICS OPINIONS

Analysis

I. IN GENERAL.

1. In general; definitions; construction of terms.

2-5. [Reserved for future use].

II. PARTICULAR PERSONS, MATTERS, AND CIRCUMSTANCES.

6. State legislators.

7. —Dual office, employment or position.

8. County supervisors.

9. Mayor, alderman, councilperson.

10. —Conflict involving family member.

11. Public agency or commission.

12. Public authority.

13. School, board of education.

14. Hospital, health care.

15. Judge, judicial employee.

16. Law enforcement.

17. —District attorney.

18. Attorney.

19. Other.

I. IN GENERAL.

1. In general; definitions; construction of terms.

The following characteristics serve as guidelines to distinguish between public office and public employment: (1) position should be prescribed by law; (2) position should have some specified term; (3) duties and powers of office should be defined or implied by law and should include authority to exercise some sovereign powers of state; (4) duties of office must concern public; and (5) holder of position should have power and authority to act in his or her own right. Op. of Miss. Ethics Comm. Op. No. 88-21-E.

Sister is not necessarily included in definition of “relative”. Op. of Miss. Ethics Comm. Op. No. 90-098-E.

City and city school district are separate “authorities” under Code. Op. of Miss. Ethics Comm. Op. No. 92-025-E.

Chairmanship of state commission is “public office” where position is prescribed by law and has specified term, power and duties of position are defined by statute and include authority to exercise some sovereign power of state, and holder of position must take oath of office. Op. of Miss. Ethics Comm. Op. No. 92-068-E.

Whether legislator has “material financial interest” in a company which does business with state is dependent on totality of circumstances involved, for example value of ownership in corporation, percent of ownership, total income from corporation, position or positions held in it, legal responsibility, if any, to all stock holders and any conditions placed upon one’s interest, divestiture of interest and to whom divestiture is made, compensation, abstention from voting on appropriation measures which fund any projects for which corporation may become subcontractor, conveyance of ownership into blind trust during his tenure in legislature and for one year afterwards, and related factors. Op. of Miss. Ethics Comm. Op. No. 92-086-E.

Commission has found that whenever Constitution Section 109 is violated, Code Section 25-4-105 subsection (2) is also violated. Op. of Miss. Ethics Comm. Op. No. 92-086-E.

Commission has applied the principle that any interest of one spouse accrues to the other spouse. Op. of Miss. Ethics Comm. Op. No. 91-111-E.

Members of the executive branch of a city may accept compensation for time, expenses, and travel for speaking to other cities, counties, and states on behalf of industries located within their city as long as no contract exists between the city and the industries involved. Even if a particular industry is a contractor, subcontractor, or vendor with the city, a violation would not exist unless the income paid to the city officer or employee constituted a “material financial interest” as defined in Section 25-4-103(k). Seeking to represent an industry for compensation would constitute a prohibited use of an official position. Recusal from matters affecting the industries represented was discussed. Op. of Miss. Ethics Comm. Op. No. 94-125-E.

Since the issuance of a permit or license by a municipal board does not constitute a government contract, a board member does not violate conflict of interest laws by voting in an action to approve a variance in zoning relating to a permit for a company, even though the member has a pecuniary interest in that company. However, the board member was cautioned not to use his official position to obtain pecuniary benefits for himself, and recusal from matters concerning his business was discussed. Op. of Miss. Ethics Comm. Op. No. 94-128-E.

A university faculty member contracting with his or her university to perform research and development for a dye that qualifies as an “intellectual property” as defined in Code Section 25-4-103(j) does not violate the conflict of interest laws because of the exception set forth in Code Section 25-4-105(4)(d). Op. of Miss. Ethics Comm. Op. No. 95-087-E.

The exception found in Section 25-4-105(4)(a) allows an officer of a bank serving as a municipality’s depository to serve on the municipality’s planning commission. The exception found in Section 25-4-105(4)(a) does not include a bank serving as a municipality’s investment broker, paying agent, bond registrar, trustee and financial advisor. Op. of Miss. Ethics Comm. Op. No. 95-105-E.

The conflict of interest laws and the definitions under the conflict of interest laws do apply to members of an industrial board established by a joint resolution of a municipal board and a county board of supervisors. Op. of Miss. Ethics Comm. Op. No. 95-108-E.

An ambulance service which has the county coroner as an employee and/or a partner may not contract with the county because there are two or fewer ambulance services in the county. The exception set forth in the §25-4-105(4)(d)(i) does not limit a good or service “reasonably available from two (2) or fewer commercial sources” to a specific geographical area such as a county. Op. of Miss. Ethics Comm. Op. No. 96-019-E.

County community hospital trustees may not promote and encourage other trustees to vote for a donation to a non-profit foundation they are officers and members of if the non-profit foundation is a business with which they are “associated” as it would violate §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-024-E.

An employee of a nonprofit consortium contracting with a state agency to implement a statewide computerized system is not a public servant under the conflict of interest laws when the nonprofit consortium was not given the authority to act for, or in the place of, the state agency. Op. of Miss. Ethics Comm. Op. No. 96-038-E.

A school district may expend federal program funds to provide optometrist services to qualified students when the optometrist providing the services is the spouse of the county superintendent of education because the exception found in §25-4-105(4)(d)(i) prevents a violation of §25-4-105(3)(a) since the optometrist services being provided are reasonably available from two (2) or fewer commercial sources. However, the school district was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-065-E.

The conflict of interest laws do not prohibit a city council member from resigning his position on the city council and immediately accepting the position of city municipal judge, as the municipal judge position is a “public office” and therefore not held by contract. Op. of Miss. Ethics Comm. Op. No. 97-003-E.

Section25-4-105(3)(a) does not prohibit a state agency’s employee from contracting to teach a course for a state university, as the exception set forth in §25-4-105(4)(h) is applicable. Op. of Miss. Ethics Comm. Op. No. 97-068-E.

Different departments of a city will not be deemed separate authorities for purposes of the state conflict of interest laws. Op. of Miss. Ethics Comm. Op. No. 98-051-E.

2-5. [Reserved for future use].

II. PARTICULAR PERSONS, MATTERS, AND CIRCUMSTANCES.

6. State legislators.

Insurance business, with which member of state legislature is associated, may not serve as agent for administrator of worker’s compensation self-insurance pool for purpose of marketing worker’s compensation self-insurance to county governments when county’s authority to participate in pool was created by 1988 legislative act. Any agreement by county to participate in pool would constitute contract pursuant to section. Legislators/marketing insurance company agents would have interest in contracts as a result of their company consummating contracts and receiving benefits for such work. Op. of Miss. Ethics Comm. Op. No. 89-10-E.

Legislature may not lease real property to state agency; prohibition would not be removed by either use of irrevocable trust, transfer of property to corporation the sole stockholders of which are legislator’s children or a trust, or transfer of property to a spouse who assumes indebtedness and transacts with government agent lessee. Op. of Miss. Ethics Comm. Op. No. 89-85-E.

Legislator may not contract with state commission to perform various duties related to fundraising and receive as payment percentage of funds raised as well as reimbursement for expenses incurred. Op. of Miss. Ethics Comm. Op. No. 90-118-E.

Law does not prohibit legislator/attorney from representing private clients in eminent domain matters brought about by Department of Economic Development, however legislator is cautioned that in serving as attorney for private clients there should be no use of his official position as set forth in subsection (1) of §25-4-105. Op. of Miss. Ethics Comm. Op. No. 91-029-E.

Section prohibits legislator from selling land to state highway department, unless transfer is accomplished by eminent domain. Op. of Miss. Ethics Comm. Op. No. 91-033-E.

Section does not prohibit person from serving as chairman of large state commission within one year of being state legislator. Position of chairperson of state commission, in instance involved, is public office, therefore subject could accept appointment to such office without violating §25-4-105 or Constitution Section 109. Op. of Miss. Ethics Comm. Op. No. 92-068-E.

It is conflict of interest for member of legislature to own more than 10 percent of a corporation which does subcontracting work on road construction projects funded, in part, by State Highway Department, because subcontract of legislator’s firm would not exist without prime contract, thereby calling into play violation of Constitution Section 109. Op. of Miss. Ethics Comm. Op. No. 92-086-E.

As to whether it is conflict of interest for member of Legislature to own more than 10 percent of corporation which operates as subcontractor on sanitary water and sewer projects for counties, districts, cities, or towns within state, each separate subcontract would have to be analyzed to determine under what specific legal authority their prime contracts were let and how each would be funded. Should any of potential subcontract emanate from general legislation or from general legislative funding during legislator’s term or one year thereafter, there would be conflict violation. Whether legislator votes or does not vote is not controlling; Section 109 of Constitution prohibits interest in certain contracts, and voting on matter does not bring section into application, nor does refraining from voting prevent its application. Op. of Miss. Ethics Comm. Op. No. 92-086-E.

Legislator’s ownership over 30 percent of one corporation and 15 percent of another corporation, each of which were subjects of trust in purchase/redemption agreements, which did subcontracting work on road project funded in part by state Highway Department, one of which was valued at over $500,000, the other over $2,000,000, constituted prohibited interest in such companies. Fact that legislator’s interest was placed in blind trust did not remove prohibited interest, it merely assigned management of it for period of time to a trustee. Op. of Miss. Ethics Comm. Op. No. 92-086-E.

Ethics violation arises where state legislator becomes employed by local school district within one year of expiration of his term. Op. of Miss. Ethics Comm. Op. No. 92-095-E.

Law prohibits legislator from being employed as agent to sell individual health and group insurance policies by insurance company which is under contract with state. As agent selling individual health and group insurance policies, receipt of resulting commissions constitutes material financial interest on part of legislator and since material financial interest in insurance company on part of legislator is prohibited when that company is a contractor, subcontractor, or vendor with Legislature, insurance company may not contract with Legislature. Op. of Miss. Ethics Comm. Op. No. 92-119-E.

Attorney who is member of legislature may represent private clients before state agencies such as Mississippi Public Service Commission. However, should client be other than private client and take on form of governmental entity, determination of fact would have to be made in each case as to whether or not ethics laws would become applicable. Op. of Miss. Ethics Comm. Op. No. 92-183-E.

There is no prohibition against legislator being employed as attorney for and representing clients in gaming industry, although caution should be exercised so legislator does not use his official position for pecuniary benefit for himself or business with which he is associated; violation of statute may be avoided by complete recusal in matters which may benefit client. Op. of Miss. Ethics Comm. Op. No. 93-033-E.

Legislator may not become employed as consultant to home health agency, because of potential for agency to receive funds authorized by legislature. Op. of Miss. Ethics Comm. Op. No. 93-076-E.

Bank which employs legislator would be in violation if it purchased bonds or otherwise pursued business with state authorized by legislature during term of the legislator or for one year thereafter. Such business would not be a violation where it concerned bond issues authorized by legislature prior to the term of office of the legislator in question. Furthermore, violation might arise not only upon legislator’s participation in legislative functions that involve matters singularly affecting the bank/employer, but may also arise upon participation in functions that involve competitor of the bank/employer, depending on facts involved. Op. of Miss. Ethics Comm. Op. No. 93-158-E.

A legislator is not prohibited from contracting with the highly state-regulated gaming industry or from conducting general insurance business with a casino, however, the legislator is prohibited from using his official position to benefit himself or his business and therefore, may not be able to influence or vote on issues relating to gambling. Op. of Miss. Ethics Comm. Op. No. 94-004-E.

A legislator is not prohibited from contracting with the highly state-regulated gaming industry or from conducting general insurance business with a casino, however, the legislator is prohibited from using his official position to benefit himself or his business and therefor, may not be able to influence or vote on issues relating to gambling. Also, a legislator may not sell insurance to private correctional institutions, as he would have a prohibited interest in contracts authorized by the Legislature, and that interest continues for his current term and one year thereafter. Op. of Miss. Ethics Comm. Op. No. 94-065-E.

A former legislator may not serve as a paid employee of the Governor’s office within one year of the legislator’s resignation when the salary is derived from funds authorized by the legislature of which he was a member. Op. of Miss. Ethics Comm. Op. No. 94-070-E.

A legislator/attorney may represent a client before a governmental entity other than the authority of the entity of which he is an officer or employee, under Section 25-4-105(4)(i). However, this provision does not apply as an exception to Constitutional Section 109. The contract for representation of a non-governmental client would not violate ethics laws, however, a settlement agreement in a contingency fee arrangement would constitute a contract and create a violation. Payment of a fixed sum or on an hourly basis would not create an interest in the contract and would not create a violation. Op. of Miss. Ethics Comm. Op. No. 94-072-E.

A member of the Mississippi Legislature may share office space and telephone lines with a registered lobbyist in the state of Mississippi. Op. of Miss. Ethics Comm. Op. No. 95-004-E.

A member of the Mississippi Legislature may own part of a business that is also owned in part by a person who is a registered lobbyist in the state of Mississippi. The Legislator must recuse himself/herself from voting on all action directly concerning a business with which he/she has a pecuniary interest. Op. of Miss. Ethics Comm. Op. No. 95-004-E.

A legislator may not accept an offer to purchase a cellular phone and cellular service from a state vendor at the vendor’s state contract price. Op. of Miss. Ethics Comm. Op. No. 95-016-E.

A salaried associate for a law firm may serve in the state legislature when a partner/shareholder of the law firm is a registered lobbyist and is paid an annual flat fee by his lobbyist client which is placed into the law firm’s funds to be distributed among the partners/shareholders, provided the legislator recuses himself from actions concerning legislation the partner/shareholder lobbied for or against on behalf of the lobbyist client. Op. of Miss. Ethics Comm. Op. No. 95-016-E.

A legislator/attorney’s law partner’s providing of legal representation to a state agency that receives money appropriated by the legislature results in a violation of Constitutional Section 109 even if the legislator/attorney does not share in the fees received by his law firm for that particular representation. Op. of Miss. Ethics Comm. Op. No. 95-051-E.

If the law partner of a legislator/attorney represents a client in such ways as drafting legislation which the client then tries to have introduced and passed by the legislature, the legislator/attorney may avoid a violation of Code Section 25-4-105 by completely recusing himself/herself as a legislator from any action or consideration of the particular piece of legislation which his law partner has drafted and not sharing in the fees generated from the representation by the attorney/legislator’s partner (although this would not remove a potential violation of Constitutional Section 109). Op. of Miss. Ethics Comm. Op. No. 95-051-E.

A legislator’s spouse may not sell office machinery to state agencies located within a specified territory assigned to the spouse by his or her employer. Op. of Miss. Ethics Comm. Op. No. 95-052-E.

The law firm of a legislator may not represent an insurance company’s interest in defense of medical practitioners employed by a state institution when the insurance coverage is purchased by the state institution. Op. of Miss. Ethics Comm. Op. No. 95-053-E.

A newly elected legislator’s law firm may not continue to accept any contracts entered into during his term or for one year thereafter with the Department of Transportation in eminent domain proceedings which would be in violation of Constitutional Section 109 and Code Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 95-070-E.

A newly elected legislator’s law firm may conclude pending litigation representing the Department of Transportation in eminent domain proceedings that were filed prior to the law partner/legislator’s election. However, the legislator does have a prohibited interest in existing contracts should state funds be used to compensate the law firm appropriated by the Legislature during the legislator’s term or within one year thereafter, which would violate Constitutional Section 109 and Code Section 25-4-105(2). A recusal will not prevent a violation. Op. of Miss. Ethics Comm. Op. No. 95-070-E.

A legislator within one year of the expiration of his term may not accept employment with a water management district which the legislature authorized spending for during the legislator’s term as it would violate Constitutional Section 109 and Code Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 95-123-E.

A community college may not compensate a state legislator for announcing over a public address system at its home athletic events as it is prohibited by Constitutional Section 109 and Code Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 95-127-E.

A legislator within one year of the expiration of his term may not accept employment with a nonprofit foundation if the foundation receives appropriations or assessments for state educational institutions or if the foundation contracts with state educational institutions as both would result in a violation of Constitutional Section 109 and Code Section 25-4-105(2). The simple payment of legitimate dues does not constitute a contract. Op. of Miss. Ethics Comm. Op. No. 95-128-E.

A legislator may not accept employment with a county tourism commission if the tourism commission is funded by a state appropriation during the legislator’s term or for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 96-027-E.

A former legislator can not be employed by a construction firm if the construction firm’s state contracts were funded during the legislator’s term or for one year thereafter as it would violate Constitutional Section 109 and §25-4-105(2). The former legislator was also cautioned regarding §25-4-105(3)(e) and (5). Op. of Miss. Ethics Comm. Op. No. 96-029-E.

A legislator may not serve concurrently as a corporate counsel/government relations specialist/registered lobbyist for a corporation if the corporation contracts with the State as to do so would violate Constitutional Section 109 and §25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 96-053-E.

A legislator may not serve concurrently as a corporate counsel/government relations specialist/registered lobbyist for a corporation as any action on his part to influence a decision of the Legislature of which he is a member would violate § §25-4-105(3)(d). The legislator was also cautioned regarding §25-4-101 and §25-4-105(1) and (5). Op. of Miss. Ethics Comm. Op. No. 96-053-E.

A legislator may not be employed by a private company that sells health care equipment to individuals in their homes when approximately 10% of the company’s sales are from Medicaid as to do so would violate Constitutional Section 109 and §25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 96-058-E.

A legislator’s engineering firm’s contract with a county through a joint venture is not prohibited if the state funds granted to the contract were appropriated by the Legislature prior to the beginning of the legislator’s term. Op. of Miss. Ethics Comm. Op. No. 96-083-E.

A legislator does have a prohibited interest, under Constitutional Section 109 and §25-4-105(2), in any of his engineering firm’s existing contracts should any state funds granted to those projects be appropriated or reappropriated by the Legislature during the legislator’s term, or within one year after the expiration of his term. Op. of Miss. Ethics Comm. Op. No. 96-083-E.

Constitutional Section 109 and §25-4-105(2) prohibit a state legislator from personally benefitting from a student loan or grant if the associated funds were authorized for expenditure or if there was a law passed authorizing the program by the Legislature during the member’s term or for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 96-103-E.

A legislator’s company may make sales directly to local governments and/or contractors of local governments provided the funds were not appropriated by the Legislature during the member’s term or for one year thereafter and no general legislation giving the local governments authority to enter into the contracts was passed by the Legislature during the member’s term or for one year thereafter. However, the legislator was cautioned regarding Constitutional Section 109 and §25-4-105(1) and (2). Op. of Miss. Ethics Comm. Op. No. 96-118-E.

The conflict of interest laws would not as such prohibit a legislator, individually or as a partner, from participating in the Mississippi Small Business Assistance Program when the authorizing legislation, including the bonding authority, was passed by the Legislature prior to the legislator taking office. However, the legislator was cautioned regarding Constitutional Section 109, §25-4-105(1) and (2), and §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-124-E.

Constitutional Section 109 and §25-4-105(2) prohibit a legislator’s business from participating in a state loan program during his term and for one year thereafter when the statutory authority authorizing the state loan program was amended during the legislator’s current term to extend the program’s termination date and to increase the program’s funding. Op. of Miss. Ethics Comm. Op. No. 97-133-E.

It is not a violation of the state conflict of interest laws for a state legislator to sell individual life, disability and medical supplement insurance to public employees on a payroll deduction plan through their place of work, including public employees of the state, universities and community colleges, school districts, counties and municipalities; however, there will be a violation of subsection (2) of this section if (1) the insurance contracts are with a state agency, a university, a community college or a school district, as these governmental entities are funded by appropriations bills authorized by the state legislature or (2) the state legislature passes legislation, during the legislator’s term of office or within one year thereafter, that authorizes such payroll deductions for the employees of the state, universities and community colleges, school districts, counties and municipalities. Op. of Miss. Ethics Comm. Op. No. 97-151-E.

It is not a violation of the state conflict of interest laws for a state legislator to sell individual life, disability, and medical supplement insurance to employees or private businesses on a payroll deduction plan through their place of work, even though their employers may have interests in legislation before the state legislature; however, there will be a violation of subsection (2) of this section if the state legislature passes legislation, during the legislator’s term of office, or within one year thereafter, that authorizes such payroll deductions for the employees of the private businesses. Op. of Miss. Ethics Comm. Op. No. 97-151-E.

Article IV, § 109 of the Constitution and subsection (2) of §25-4-105 prohibit a state legislator from having an interest in any contract with a school district that is authorized by any law passed by the legislature during the state legislator’s term or within one year thereafter and, therefore, a state legislator may not receive architectural/engineering fees for services performed for a school district even when those fees are not paid from state funds. Op. of Miss. Ethics. Comm. Op. No. 97-152-E.

Article IV, § 109 of the Constitution and §25-4-105 do not prohibit a legislator’s spouse from participating in the Mississippi Small Business Assistance Program where the authorizing legislation, including the bonding authority, was passed by the legislature prior to the legislator’s current term of office. Op. of Miss. Ethics. Comm. Op. No. 97-159-E.

A member of the Mississippi Legislature may not participate with a group that contracts with a regional correctional facility, jointly operated by certain counties, to provide collect telephone call services to inmates when the Mississippi Department of Corrections is contracting with these counties’ boards of supervisors to house state inmates during the member’s term. Op. of Miss. Ethics Comm. Op. No. 98-024-E.

A legislator’s spouse may participate in the Mississippi Small Business Assistance Program through a planning and development district where the authorizing legislation, including the bonding authority, was passed by the legislature prior to the state legislator’s current term of office. Op. of Miss. Ethics Comm. Op. No. 98-031-E.

A convenience store owned by a legislator may sell gasoline to a planning and development district. Op. of Miss. Ethics Comm. Op. No. 98-034-E.

If a current member of the state legislature serves as legal counsel for an individual or entity whose primary work is serving as a registered lobbyist, then the legislator will be required to recuse himself from any matter before the legislature or its committees that would provide a pecuniary benefit to the lobbying business. Op. of Miss. Ethics Comm. Op. No. 98-040-E.

Article IV, § 109 of the Constitution and §25-4-105(2) do not prohibit a state agency from employing a legislator’s spouse as a time-limited, non-state service employee; however, the legislator will be required to recuse himself from matters before the legislature and its committees that would provide a pecuniary benefit to his spouse. Op. of Miss. Ethics Comm. Op. No. 98-041-E.

A state legislator, who is also an attorney, may file suit on behalf of a client against the state, its agencies or employees involving coverage by the Mississippi Tort Claims Board; and there would be no violation should a court of competent jurisdiction award a judgment, including attorney fees, in favor of the state legislator/attorney’s client; however, a state legislator/attorney is prohibited from receiving attorney fees, directly or indirectly, through a settlement agreement in such cases involving the Mississippi Tort Claims Board on behalf of his or her client. Op. of Miss. Ethics Comm. Op. No. 98-053-E.

A legislator’s convenience store may sell fuel through Fuelman to a county when the county is making the fuel purchases with monies from its general fund and/or road and bridge fund. Op. of Miss. Ethics Comm. Op. No. 98-056-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section prohibit a legislator from contracting with a Head Start agency if the Head Start agency receives funds, directly or indirectly, through an appropriation from the legislature during the legislator’s term or for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 98-063-E.

A legislator may attend an out-of-state seminar and facility tour at a national corporation’s plant when the legislator’s expenses will be paid for by the national corporation. Op. of Miss. Ethics Comm. Op. No. 98-075-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section prohibit a state legislator from serving as a board member of or owning stock in a corporation that receives funding from a state agency when the agency’s funding to the corporation is authorized by an appropriation bill passed during the legislator’s term or within one year thereafter. Op. of Miss. Ethics Comm. Op. No. 98-078-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section prohibit a state legislator from having a consultant contract with a county human resource agency for a county Head Start program when such program is partially funded by the Department of Human Services, TANF Child Care program, with funds that are appropriated by the legislature during the legislator’s term or for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 98-101-E.

It is not a violation of the state conflict of interest laws for a legislator to serve as an emergency management director, E-911 director and county fire coordinator; however should any of the legislator’s local appointed positions be funded by appropriations from the legislature, he would be in violation of Article IV, Section 109 of the Constitution and subsection (2) of this section. Op. of Miss. Ethics Comm. Op. No. 98-102-E.

A state legislator is not allowed to be the agent for group insurance policies for individual life and disability coverage to public employees on a payroll deduction plan where there is a requirement of a contract between the public entities and the insurance carrier. Op. of Miss. Ethics Comm. Op. No. 98-108-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section do not prohibit a county from contracting with a legislator when the county is funding its contracts with the legislator with monies from its general fund and/or road and bridge fund; however, if the legislature provides direct or indirect appropriations, during the legislator’s term or one year thereafter, then the legislator’s contracts with the county would be in violation of Article IV, Section 109 of the Constitution and subsection (2) of this section. Op. of Miss. Ethics Comm. Op. No. 98-111-E.

A legislator may not do business with a school district located in the legislator’s district since the state legislature appropriates funds to state school districts and the Supreme Court has ruled that the appropriation of funds is part of the contract authorization process. Op. of Miss. Ethics Comm. Op. No. 98-111-E.

A state commission may employ the spouse of a legislator as a certified court reporter; however, the legislator will be required to recuse himself from matters before the legislature and its committees that would provide a pecuniary benefit to his spouse as the commission’s employee. Op. of Miss. Ethics Comm. Op. No. 98-132-E.

A state employee elected to the state legislature must resign his employment before taking the oath of office as a member of the legislature. Op. of Miss. Ethics Comm. Op. No. 99-001-E.

A legislator may contract with a county human resource agency to provide consulting services for a county Head Start Program operated by the agency when the agency receives some funding through appropriations from the state legislature, including funding for the Head Start Program, but the funds from which the legislator is paid are received directly from the federal government; however, the legislator should recuse himself from any and all matters coming before the legislature, or its committees, that concern the entity receiving the state legislative appropriated funds and the state agency programs providing the funding to the entity. Op. of Miss. Ethics Comm. Op. No. 99-014-E.

A state legislator is not prohibited from contracting as a consultant to provide training and technical assistance with a governmental entity, such as a county human resource agency, or a not-profit 501(3)(c) corporation, when the local grantee is funded entirely with federal funds received directly from the federal government. Op. of Miss. Ethics Comm. Op. No. 99-022-E.

Subsection (3)(a) prohibits a state legislator from providing consulting services to a Head Start Program if the contract is with a nonprofit corporation, if the nonprofit corporation has a grant or contract with a state agency, and if the consulting contract results in an aggregate annual net income of $5,000.00, or more, to the legislator. Op. of Miss. Ethics Comm. Op. No. 99-022-E.

A public school principal/legislator will violate Article IV, Section 109 of the Constitution and subsection (2) of this section upon entering into a contract with the school district for the school year in which the appropriation bill passed during the public school principal/legislator’s first session applies; however, the public school principal/legislator may complete the school year covered by his or her existing contract without violating Article IV, Section 109 of the Constitution and subsection (2) of this section. Op. of Miss. Ethics Comm. Op. No. 99-037-E.

The employment contract of a legislator’s spouse with a Medicaid service provider, does not violate Article IV, Section 109 of the Constitution and subsection (2) of this section. Op. of Miss. Ethics Comm. Op. No. 99-038-E.

A public school teacher, if elected to the State Legislature, will be in violation of Constitutional Section 109 and subsection (2) of this section upon entering into a contract with a public school district for the school year that the appropriation bill passed during his or her first legislative session applies; in other words, a teacher elected to the State Legislature may complete the school year covered by his or her existing contract, but may not continue in that position or as a substitute teacher on a part-time basis after being elected to the State Legislature. Op. of Miss. Ethics Comm. Op. No. 99-045-E.

Constitutional Section 109 and subsection (2) of this section do not prohibit a legislator’s spouse from being employed as a public school teacher. Op. of Miss. Ethics Comm. Op. No. 99-045-E.

A newly elected legislator may continue to receive the commissions he earned prior to his election as a commercial real estate broker for leases he brokered with state agencies for and on behalf of private property owners when he receives the commissions directly from the private property owner by way of an arrangement whereby the commissions are paid over time, such as monthly or annually; however, the newly elected legislator may not receive such commissions for future lease periods that are funded by a legislature of which he is a member and by a legislature within one year of his leaving office. Op. of Miss. Ethics Comm. Op. No. 99-060-E.

A newly elected legislator is prohibited from continuing to work with a state agency involving the sale of land or a building when the legislator began working with the state agency prior to his election and when the state agency received its appropriation in the prior Legislative Session to purchase the property and the legislator’s sales commission will be paid by the eventual property owner/seller unless the service being provided is only one of two available commercial sources available or if the service being provided is by way of a contract let to the lowest and best bidder after a competitive bidding where at least three legitimate bids were received. Op. of Miss. Ethics Comm. Op. No. 99-060-E.

A newly elected legislator may continue to represent a private corporation as its brokering agent in the private corporation’s leasing and eventual selling of a building to a state agency when the legislator originally showed the property to the state agency prior to his election and when the state agency’s funding to lease the building was appropriated in the prior Legislative Session; however, the newly elected legislator may not receive commissions that are funded by a legislature of which he is a member and by a legislature within one year of his leaving office. Op. of Miss. Ethics Comm. Op. No. 99-060-E.

A newly elected legislator must advise state entities that he is prohibited from leasing space in properties he manages once he becomes a member of the legislature. Op. of Miss. Ethics Comm. Op. No. 99-060-E.

It is not a violation of the state conflict of interest laws for state legislators to serve as board members of a nonprofit organization that is funded solely with federal grant monies when the federal government distributes the federal grant monies directly to the nonprofit organization; however, a nonprofit organization may not be the recipient of a grant funded by federal, state or other monies that are appropriated by the legislature when legislators are serving as board members of the nonprofit organization. Op. of Miss. Ethics Comm. Op. No. 99-069-E.

A state legislator’s company may not continue to manage an office building owned by a state corporation that is established by state law as a governmental instrumentality when the state legislator’s company managed the building prior to the state legislator’s election. Op. of Miss. Ethics Comm. Op. No. 99-072-E.

It is not a violation of the state conflict of interest laws for a state legislator to serve on the board of trustees of a private medical center, unless the medical center receives funds appropriated by the legislature of which the legislator is a member. Op. of Miss. Ethics Comm. Op. No. 99-073-E.

It is not, as such a violation of the state conflict of interest laws for a legislator to be employed by a casino; however, in order to be certain to avoid any action in his official capacity as a legislator that would result in a pecuniary benefit to his casino employer, the legislator would be required to totally and completely recuse himself from any action that concerned the gaming industry. Op. of Miss. Ethics. Comm. Op. No. 99-114-E.

It is not as such a violation of the state conflict of interest laws for a state legislator’s father to carry a casino key gaming license; however, in order to be certain to avoid any action in his official capacity as a legislator that would result in a pecuniary benefit to his father, the legislator would be required to totally and completely recuse himself from any action that concerned the gaming industry. Op. of Miss. Ethics. Comm. Op. No. 99-114-E.

The medical practice of the spouse of a legislator cannot have a Medicaid agreement with the state and receive Medicaid payments by way of a Medicaid agreement when the Medicaid payments will be funded through an appropriation bill passed by the legislature during the legislator’s term or for one year thereafter, and a recusal or abstention by the legislator would not alter this result. Op. of Miss. Ethics. Comm. Op. No. 99-128-E.

A former state legislator within one year of his last term in the legislature cannot contract with a state university to serve as a facilitator of a lecture series where the former legislator is to paid by the foundation established to support the state university. Op. of Miss. Ethics. Comm. Op. No. 00-010-E.

A legislator or a legislator’s business is prohibited from conducting workshops for community college or public school district personnel on location at the schools or at some other location and being paid by the community colleges or public school districts, and this prohibition will apply while the legislator is a member of the legislature that appropriated funds to these community colleges or public school districts, and for one year after the termination of the legislator’s term of office. Op. of Miss. Ethics. Comm. Op. No. 00-081-E.

A legislator or a legislator’s business is prohibited from contracting with a community college through the college’s skill tech center or workforce development office to teach personnel and personal development classes on location at businesses and factories, and this prohibition will apply while the legislator is a member of the legislature that appropriated funds to the respective community colleges or public school districts, and for one year after the termination of the legislator’s term of office. Op. of Miss. Ethics. Comm. Op. No. 00-081-E.

A legislator may not be paid by a community college or any other governmental entity funded by the legislature for the participation of the community college’s employee or other governmental entity’s employee in open-to-the-public classes conducted by the legislator or the legislator’s business at chambers of commerce or other such venues, and this prohibition will apply while the legislator is a member of the legislature that appropriated funds to the respective community colleges or public school districts and, for one year after the termination of the legislator’s term of office. Op. of Miss. Ethics. Comm. Op. No. 00-081-E.

A legislator’s spouse could not be employed by a county board of supervisors at the request of the county judge as a youth court victim/witness coordinator where the victim/witness coordinator position was partially funded by a grant from a state department that was appropriated by the legislature during the legislator/spouse’s term or for one year thereafter unless the large class rule set forth by the State Supreme Court was applicable. Op. of Miss. Ethics. Comm. Op. No. 01-024-E.

A legislator can be employed by a county as director of the county’s office of planning and development, but must totally and completely recuse himself from any and all matters coming before the legislature or its committees that concern his county employer, and matters that concern planning, building, housing, and development that he is involved with as the county’s director of office of planning and development. Op. of Miss. Ethics. Comm. Op. No. 01-057-E.

The state conflict of interest laws do not as such prohibit a state legislator from serving as a member of a county tourism commission when the compensation paid the state legislator as a tourism commission member is derived totally by local taxation of lodging and restaurant establishments. Op. of Miss. Ethics. Comm. Op. No. 01-127-E.

A legislator’s spouse who is employed by a medical center may accept an appointment by a county board of supervisors to a regional mental health commission as such a position is a public office and not a position held by contract. Op. of Miss. Ethics. Comm. Op. No. 02-008-E.

It is not as such a violation of the conflict of interest laws for an individual to serve simultaneously as an elected municipal board member and as a state legislator. Op. of Miss. Ethics. Comm. Op. No. 02-026-E.

A legislator may not do business with a state governmental entity, but may do business with a county governmental entity if the county funds its contracts with the legislator’s business with monies from its general fund and/or road and bridge fund. Op. of Miss. Ethics. Comm. Op. No. 02-063-E.

An individual may simultaneously hold political office as a city board member and a state legislator. Op. of Miss. Ethics. Comm. Op. No. 02-063-E.

Where a business receives an infrastructure construction grant from a state board, and the grant’s funding has been approved by the Legislature, a legislator and/or the legislator’s law firm may be the business’s attorney of record for projects completely unrelated to the approval of and/or funding received from the state grant, i.e., the business’s infrastructure construction. Op. of Miss. Ethics Comm. Op. No. 02-089-E.

7. —Dual office, employment or position.

State senator could accept appointment as Executive Director of Mississippi Employment Security Commission without violating §25-4-105 or Constitution § 109. Op. of Miss. Ethics Comm. Op. No. 88-21-E.

Legislator may simultaneously serve as adjunct professor at Mississippi university where such service would be without compensation or expense reimbursement. Op. of Miss. Ethics Comm. Op. No. 88-185-E.

Newly elected legislator may not have simultaneous employment with a state commission. Legislator would be in violation immediately upon being sworn into office where he is employed by state agency or commission. Commission recommends that legislator-elect resign from state employment prior to being sworn in to Legislature. Op. of Miss. Ethics Comm. Op. No. 91-140-E.

A state legislator may be employed by a planning and development district only if the district does not have any contracts with state agencies and does not receive payments by way of funds authorized by the state legislature. The district is also prohibited from contracting with local governing authorities which receive legislatively authorized grants from state agencies. Op. of Miss. Ethics Comm. Op. No. 94-114-E.

A county road employee elected constable cannot serve in both positions without violating §25-4-105(3)(a). Op. of Miss. Ethics Comm. Op. No. 95-031-E.

A constable’s spouse serving as a deputy justice court clerk does not in and of itself violate the conflict of interest laws. Op. of Miss. Ethics Comm. Op. No. 95-031-E.

An individual elected to the office of constable may not continue to work as a deputy sheriff for the county he or she was elected to serve as constable. Op. of Miss. Ethics Comm. Op. No. 95-121-E.

The conflict of interest laws do not prohibit an alderman from serving as chancery clerk. However, there may be problems under the Separation of Powers Doctrine so the requestor was referred to the Attorney General. Op. of Miss. Ethics Comm. Op. No. 95-138-E.

An individual elected coroner may not serve as a deputy sheriff for the county he serves as coroner since to do so would violate §25-4-105(3)(a). Op. of Miss. Ethics Comm. Op. No. 96-003-E.

A legal secretary for the municipal board attorney may not remain in that employment position if she is elected to the board of aldermen because there would be a violation Constitutional Section 109 and §25-4-105(2) and (3)(a). Op. of Miss. Ethics Comm. Op. No. 96-008-E.

An alderman may be employed as the county fire coordinator if there are no contracts existing between the municipality and the county that would cause the alderman to violate Constitutional Section 109 and §25-4-105(2) as a compensated county employee. However, the alderman was cautioned regarding §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-009-E.

An employee of a municipality’s airport authority may simultaneously serve as the chairman of the municipality’s planning committee because the airport authority is a separate authority of the municipality (See §25-4-105(4)(h)). However, the employee was cautioned regarding §25-4-105(1) and (5). Op. of Miss. Ethics Comm. Op. No. 96-014-E.

An alderman may not be employed as the compensated county fire coordinator if there are contracts existing between the municipality and the county, especially a fire protection contract, that would cause the alderman to violate Constitutional Section 109 and §25-4-105(2) as a compensated county employee. Op. of Miss. Ethics Comm. Op. No. 96-016-E.

A county deputy sheriff may be appointed town marshal of a municipality located within the county employing the deputy sheriff. However, the deputy sheriff was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-017-E.

The county’s circuit clerk may not simultaneously serve as the county’s justice court clerk as it would violate §25-4-105(3)(a). Op. of Miss. Ethics Comm. Op. No. 96-023-E.

A legislator may not accept employment with a county tourism commission if the tourism commission is funded by a state appropriation during the legislator’s term or for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 96-027-E.

A county election commissioner may simultaneously serve as a member of the county’s planning commission. However, the commissioner was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-030-E.

A county election commissioner may simultaneously serve as a circuit court bailiff. However, the commissioner was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-033-E.

A deputy circuit clerk performing election duties such as operating voting machines may not be elected to the county election commission and remain as a deputy circuit clerk performing election duties as it violates §25-4-105(3)(a). A county election commissioner performing election duties such as operating voting machines for primary elections conducted by party executive committees is contrary to the policy set forth in §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-035-E.

The state conflict of interest laws do not prohibit a state employee from serving a political party as an executive board member, secretary to the executive board, as a delegate to the county, congressional district and state conventions and as vice-chair of the county’s women’s political party organization. Op. of Miss. Ethics Comm. Op. No. 96-042-E.

Section 25-4-105(3)(a) prohibits a municipality from contracting with its employee, either as an independent contractor or in another distinct employment position, but the municipality may assign employees appropriate duties of their employment position for any department of the municipality. Op. of Miss. Ethics Comm. Op. No. 96-044-E.

An assistant jail administrator may simultaneously hold the position of arson investigator since state statute requires that the arson investigator be a member of the sheriff’s department. Op. of Miss. Ethics Comm. Op. No. 96-061-E.

An alderman may be employed as a principal of the school district for the municipality he was elected to serve although he voted to appoint or reappoint three of the current trustees of the school district. However, the alderman was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-071-E.

Section25-4-105(3)(a) prohibits a county’s duel employment of an individual as a county requisition clerk and as a county veteran’s officer. However, the individual’s service as the uncompensated human resource agency director and as a member of a regional solid waste authority is not prohibited. The individual was also cautioned regarding §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-087-E.

An individual may simultaneously serve as a county election commissioner and as a principal of a public school. However, the individual was cautioned regarding §25-4-105(1) and (5). Op. of Miss. Ethics Comm. Op. No. 96-108-E.

Section 25-4-105(4)(h) allows full-time employees of a state agency to be employed part-time as security guards by a state facility, as the state agency and state facility are separate authorities of state government. Op. of Miss. Ethics Comm. Op. No. 97-001-E.

Constitutional Section 109 and Code Section 25-4-105(2) prohibit a board member of a state department from accepting employment with a local community center that is primarily funded by the state department. Op. of Miss. Ethics Comm. Op. No. 97-013-E.

Constitutional Section 109 and §25-4-105(2) prohibit a county engineer from serving in the State Legislature if the county engineer is paid fees for completing engineering services on state aid projects that are authorized by an appropriation bill passed by the Legislature during the county engineer’s legislative term and for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 97-017-E.

A governmental entity’s contracting with or funding of a non-profit community development/housing development corporation is prohibited by Constitutional Section 109 and §25-4-105(2) when that governmental entity’s board member serves as the non-profit’s director. Op. of Miss. Ethics Comm. Op. No. 97-028-E.

Constitutional Section 109 and §25-4-105(2) prohibit an alderman from serving as the fire chief of a volunteer fire department that is receiving funding, services, equipment and/or facilities from the alderman’s municipality. Op. of Miss. Ethics Comm. Op. No. 97-134-E.

Constitutional Section 109 and §25-4-105(2) prohibit an employee of a governmental commission from serving in the Legislature when the commission’s enabling legislation requires that the commission’s funding be appropriated by the Legislature. Op. of Miss. Ethics Comm. Op. No. 97-135-E.

An employee of one state governmental entity is prohibited from being a contractor, subcontractor or vendor with the state unless (1) the employee desires to be a contractor or vendor with another state governmental authority other than his employing state governmental authority and his contract will not be one that places him in an employee status with the other state governmental authority, or (2) the employee is employed and/or compensated by his state governmental authority to provide the assistance in the areas of personnel management, structure and recruitment and either a W4 form or a W9 form will be required to be filed. Op. of Miss. Ethics Comm. Op. No. 99-098-E.

A legislator cannot serve as the executive director of a nonprofit corporation that has as its purpose the raising of money for the advancement of a community college. Op. of Miss. Ethics. Comm. Op. No. 99-119-E.

A state legislator could not serve as a member of the boards of directors of two nonprofit corporations as one was directly receiving and the second was by affiliation with the first indirectly receiving funds appropriated by the legislature. Op. of Miss. Ethics. Comm. Op. No. 00-070-E.

A legislator can be employed by and receive compensation from a 501-C-3 not-for-profit corporation when such compensation is paid from a federal grant that comes directly to the corporation from the United States Department of Education; however, if the corporation also receives funding through the state legislative appropriation process, a legislator can be so employed and compensated only if the state legislative appropriated funds cannot be legally commingled with the federal funds, the local grantee maintains detailed accounting records of all its funds, and the payments to the legislator are not only from funds not appropriated by the legislature, but also from funds that may not be supplanted by state legislative appropriated funds. Op. of Miss. Ethics. Comm. Op. No. 00-086-E.

A legislator is not prohibited from being employed by a waste management company contracting with counties and cities when such contracts are not authorized by a law passed or funding appropriated by the legislature; however, the legislator would be required to totally and completely recuse himself from any action that concerned the waste management industry. Op. of Miss. Ethics. Comm. Op. No. 00-088-E.

A state legislator is not prohibited from being employed by a Mississippi nonprofit corporation because he is a legislator where the Mississippi nonprofit corporation does not receive direct or indirect funding through legislative appropriations and has no contracts authorized by the Legislature; however, the legislator would be required to totally and completely recuse himself from any and all matters coming before the Legislature, or its committees, that concerned the nonprofit corporation. Op. of Miss. Ethics. Comm. Op. No. 00-126-E.

A deputy chancery clerk is prohibited by §25-4-105(3)(a) from simultaneously holding a part-time position with the same county’s sheriff department/correctional facility as the chancery clerk’s office and the sheriff’s department are considered to be within the same county authority for the purposes of the conflict of interest laws. Op. of Miss. Ethics Comm. Op. No. 02-050-E.

8. County supervisors.

Section prohibits county from contracting with company that employs spouse of one of the county’s supervisors. Spouse’s salary constitutes prohibited interest on part of supervisor in any contract with spouse’s employer. Op. of Miss. Ethics Comm. Op. No. 91-137-E.

Section prohibits county supervisor from becoming employed by county tourism board or commission at expiration of his term of office, where such tourism board or commission is formed as result of state, local and private legislation and implemented by board of supervisors. Op. of Miss. Ethics Comm. Op. No. 92-010-E.

Law prohibits corporation in which material financial interest exists on the part of a county supervisor, from contracting with regional mental health authority. Op. of Miss. Ethics Comm. Op. No. 92-031-E.

Ethics violation arises where county contracts with electric company owned by person whose father is member of board of supervisors who rents building to son. Op. of Miss. Ethics Comm. Op. No. 92-075-E.

Ethics in Government law may be violated should supervisor and his immediate family serve as teachers in same county. If supervisor or “relative”, meaning spouse, child, or parent, became teacher in city school system, no per se violation of ethics law would occur; city school system is separate authority from that of county. Should supervisor or “relative” become employed by county school system, where all of local funding portion or of salaries under teaching contract comes from mandatory local tax levies, again no violation would occur. Where portion of salary derived by public school teacher under teaching contract or that of a “relative” comes from discretionary local tax levies, such teaching contract would violate Section 109 of state Constitution and Code Section 24-4-105, subsection (2), while teacher is member of board of governing authority which makes such tax levies or within one year after term on governing board expires. Op. of Miss. Ethics Comm. Op. No. 92-103-E.

Law does not prohibit business owned by county supervisor from contracting with cities and towns within county, provided no county funds are used by entities in payment pursuant to a purchase; such purchase was not a consequence of town or city’s compliance with requirement of county brought about by actions of board of which supervisor was a member, or within one year thereafter; and supervisor has not used official position for pecuniary benefit from self or his business in violation of Code. Ethics laws would not prohibit supervisor from doing business with other counties and cities within state or with the state. Op. of Miss. Ethics Comm. Op. No. 92-123-E.

Law prohibits county from contracting with bank as depository when one of supervisors received $6,600 per year as advisory member of bank. Op. of Miss. Ethics Comm. Op. No. 92-146-E.

Member of county board of supervisors simultaneously employed by county hospital of same county would have prohibited interest in contract authorized by the board of which he is a member. Provisions would be violated should described circumstances exist subsequent to start of new budget cycle, whereas prior to such start of budget cycle no violation would occur since employment in question had been authorized prior to the supervisor’s taking office. Same principles would apply to any new contracts authorized between hospital and board of supervisors or as to any such items requiring action on part of board, such as hospital’s budget, contracts which include payment to hospital for services or of interest to all employees of hospital, as their sustenance is in part derived from such contract. Only complete recusal on part of supervisor in all board deliberations and voting as to matters involving hospital, including appointment of its trustees, will avoid violation as to code subsection (1), but recusal removes only the vote, and not the prohibited interest subject to constitutional Section 109 and code §25-4-105(2). (Commission also recommended that office of Attorney General be contacted as to applicability of Constitutional separation of powers doctrine as Commission lacks authority to interpret that provision.) Op. of Miss. Ethics Comm. Op. No. 92-231-E.

Violation would occur should person be elected county supervisor and thereafter become affiliated with law firm which contracts with insurance company to represent certain county entities and public officials in same and other counties. Violation would not exist if law firm did not represent any of county personnel or entities of county or if supervisor chose not to affiliate with law firm. Neither recusal nor abstention prevents potential violation; while vote may be removed, prohibited interest in contract authorized by board lingers. Op. of Miss. Ethics Comm. Op. No. 93-216-E.

A county supervisor who is a general partner of a limited partnership may contract privately with towns within the county if the contracts are not authorized by the board of supervisors and the board is not a party to the contracts. If the supervisor has an interest in a contract authorized by his board, there is a violation of ethics laws will occur, and even recusal does not remove the prohibited interest. Op. of Miss. Ethics Comm. Op. No. 94-058-E.

A person elected to the county board of supervisors may not serve in that capacity when the supervisor-elect is the lessor and the county is the lessee under a ten-year real property lease now in its fifth year. Op. of Miss. Ethics Comm. Op. No. 95-018-E.

It is a violation of Constitutional Section 109 and §25-4-105(2) for the spouse, parent or child of a county supervisor to be employed by an authority of the county government. Op. of Miss. Ethics Comm. Op. No. 95-057-E.

Members of the county board of supervisors and municipal governing boards may compose the board of a nonprofit corporation acting as an economic development foundation when their public entities are funding the foundation if they are not compensated as foundation board members nor have personal pecuniary interests in contracts with the foundation. Op. of Miss. Ethics Comm. Op. No. 95-081-E.

A county supervisor-elect’s roofing company may contract with other public entities other than the supervisor-elect’s county if the county is not appropriating funds to the other public entities or their projects. It violates Constitutional Section 109 and Code Section 25-4-105(2) for the supervisor-elect’s company to contract with the supervisor-elect’s county. Op. of Miss. Ethics Comm. Op. No. 95-088-E.

A county supervisor may serve on an economic development board and an industrial development board when the supervisor’s county funds both development entities without being in violation of Constitutional Section 109 and Code Section 25-4-105(2) if the supervisor is uncompensated for such service. Op. of Miss. Ethics Comm. Op. No. 95-094-E.

A county supervisor may not be employed by a consulting firm that is presently contracting with the supervisor’s county, but the supervisor may contract with other governmental entities, including other counties, to help establish a self-help housing program through a federal grant when the supervisor’s county has a similar grant. Op. of Miss. Ethics Comm. Op. No. 95-096-E.

A county board of supervisors may not lease a building to house a local library when the building is owned by a member of the county library advisory board of trustees. Op. of Miss. Ethics Comm. Op. No. 95-120-E.

A county supervisor employed by a corporation within one year of the end of the supervisor’s term of office is in violation of Constitutional Section 109 and §25-4-105(2) if the corporation has existing contracts with the county or contracts with the county during the one year following the end of the supervisor’s term of office. Op. of Miss. Ethics Op. No. 96-039-E.

A corporation solely owned by four stockholders of the corporation employing the supervisor within one year of the end of the supervisor’s term of office may contract with the county if the corporation employing the supervisor is not its subcontractor or the corporation employing the supervisor is not providing materials to the corporation that can reasonably be expected to become a part of the contract with the county. Op. of Miss. Ethics Op. No. 96-039-E.

A supervisor’s county may do business with the supervisor’s brother’s company as a brother is not a relative under the conflict of interest laws’ definition set forth in §25-4-103(q). However, the county was cautioned regarding §25-4-101. Op. of Miss. Ethics Op. No. 96-039-E.

A company may employ a former supervisor within one year of his term even though a company with the same owners and address contracts with the county provided the former supervisor has no other direct or indirect interest in the company contracting with the county. Op. of Miss. Ethics Comm. Op. No. 96-039-ER.

A company that employed a former supervisor within one year of his term may be paid by the county for past due invoices if the former supervisor severs his employment with the company. Op. of Miss. Ethics Comm. Op. No. 96-039-ER.

A person appointed to fill only an interim term on the county board of supervisors may not return to his previous employment position with the county district that he was serving as supervisor when the interim term is over within one year thereafter as to do so would violate Constitutional Section 109 and Code Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 96-049-E.

A person appointed to fill only an interim term on the county board of supervisors may not return to his previous employment position with the county district that he was serving as supervisor when the interim term is over even though he abstained from any vote concerning the budget of the county. Op. of Miss. Ethics Comm. Op. No. 96-049-E.

A retail awards company solely owned by a county supervisor may sell trophies and other award items to the county school district. However, the company was cautioned regarding §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-066-E.

Constitutional Section 109 and §25-4-105(2) prohibit a county supervisor’s pharmacy from providing medication to the community hospital owned by the county he serves. Op. of Miss. Ethics Comm. Op. No. 96-097-E.

Constitutional Section 109 and §25-4-105(2) prohibit a county supervisor from serving as the city manager for a municipality that has existing interlocal agreements with the county under which the municipality pays the county to provide police, fire, street, drainage and recreation services. The supervisor was also cautioned regarding §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-110-E.

Article IV, § 109 of the Constitution and subsection (2) of §25-4-105 absolutely prohibit the county board of supervisors from authorizing a contract that provides assistance, directly or indirectly, to an industry when one of the supervisors has an ownership interest in the industry; this prohibition applies during the supervisor’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 97-142-E.

Constitutional Section 109 and Code Section 25-4-105(2) prohibit county supervisors from having an interest in any sixteenth section lease contracts with the county school district when the lease contracts’ rental amounts are approved by the county board of supervisors during the members’ terms or for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 97-148-E.

Constitutional Section 109 and §25-4-105(2) prohibit a county supervisor’s company from contracting with a regional mental retardation commission during the county supervisor’s term or for one year thereafter when the county board of supervisors authorize funding to support the regional mental retardation commission by way of a discretionary tax levy. Op. of Miss. Ethics Comm. Op. No. 97-163-E.

A county administrator may serve as an advisory board member of a bank and own stock in the bank, even though the bank does business with the county, as long as the administrator owns less than 2 percent of the bank and his income from the bank remains under the $5,000.00 aggregate annual net income threshold. Op. of Miss. Ethics Comm. Op. No. 98-002-E.

The parent of a county supervisor may receive financial assistance for homeowner rehabilitation through a grant for the Home Investment Partnerships Program that was awarded to the county board of supervisors unless the supervisor is interested, directly or indirectly, in the parent’s receipt of the financial assistance for her homeowners’ rehabilitation and so long as the supervisor totally and completely recuses himself from any aspect of the grant/application process. Op. of Miss. Ethics Comm. Op. No. 98-015-E.

A county supervisor is not prohibited from serving as a member of a nonprofit corporation or from having an interest in a for-profit corporation that is involved in receiving federal or state loans or grants to fund housing projects; this is also true if the county supervisor is the executive director of a nonprofit corporation receiving federal or state loans or grants to fund housing projects. Op. of Miss. Ethics Comm. Op. No. 98-022-E.

A county supervisor’s child may not be employed by the county’s chancery clerk or the county’s circuit clerk if the county supervisor’s child is financially dependent on the county supervisor and if the employment position or its funding is authorized by the board of supervisors. Op. of Miss. Ethics Comm. Op. No. 98-025-E.

A county supervisor may not vote on an application by a corporation for an ad valorem tax exemption before the board of supervisors when the county supervisor is employed by the corporation with a salary in excess of $1,000. Op. of Miss. Ethics Comm. Op. No. 98-028-E.

A public school teacher may simultaneously serve as a county supervisor if he recuses himself from all matters coming before the county board of supervisors that concern his school district employer. Op. of Miss. Ethics Comm. Op. No. 98-068-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section prohibit a county from paying a county supervisor a value-per-acre amount to acquire his property for right-of-way and to rebuild his fencing destroyed in the construction unless ordered to do so by a court of competent jurisdiction in an eminent domain proceeding. Op. of Miss. Ethics Comm. Op. No. 98-070-E.

A contract entered into between a county board of supervisors and a company in which a county port commissioner has a material financial interest is prohibited and therefore subject to being declared void by the county board of supervisors. Op. of Miss. Ethics Comm. Op. No. 98-093-E.

A county supervisor, through his plumbing business, may not install sewer lines for homeowners from their homes to a new sewer line being installed by one of the county’s waste water districts whose members are appointed by the board of supervisors if the waste water district’s ability to construct the new sewer line was in effect authorized in part by a discretionary action of the board of supervisors. Op. of Miss. Ethics Comm. Op. No. 98-107-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section are not violated when a county board of supervisors appoints one of its member’s daughters to the board of commissioners of the local body corporate and politic, even if the supervisor has an interest in his daughter’s appointment, since the position on the board of commissioners is not held by contract. Op. of Miss. Ethics Comm. Op. No. 98-110-E.

It is not a violation of the state conflict of interest laws for an individual who owns one-third of an insurance group to serve as a member of the county board of supervisors when another individual who also has a one-third interest in the insurance group contracts to provide insurance to the county through an insurance company that is totally separate and apart from the insurance group. Op. of Miss. Ethics Comm. Op. No. 98-112-E.

It is not a violation of the state conflict of interest laws for a county supervisor’s business to contract with a county other than the county the supervisor is elected to serve. Op. of Miss. Ethics Comm. Op. No. 98-128-E.

A public school principal may serve as a member of the board of supervisors when his employing school district is located within the county he will serve as a supervisor; however, the principal must recuse himself from all matters coming before the county board of supervisors that concern his school district employer. Op. of Miss. Ethics Comm. Op. No. 98-138-E.

The state conflict of interest laws do not prohibit an individual’s simultaneous service as an employee of a state university and as a county supervisor; however, he should totally and completely recuse himself from any matter coming before the county board of supervisors concerning the state university. Op. of Miss. Ethics Comm. Op. No. 99-002-E.

It is not a violation of the conflict of interest laws for a city public works superintendent to simultaneously serve as a county supervisor when the employing city is located within the county he will serve since a city and a county are separate governmental entities; however, he will be required to recuse himself from all matters coming before the county board of supervisors that concern his city employer. Op. of Miss. Ethics Comm. Op. No. 99-008-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section will absolutely prohibit an employee of county-owned hospital from continuing his employment, or from contracting in any other way, with the county-owned hospital if he is elected to the county board of supervisors after the board of supervisors approves its first budget submitted by the county-owned hospital. Op. of Miss. Ethics Comm. Op. No. 99-011-E.

A county supervisor may be employed by a community college funded by his or her county through a tax levy only if the current funding of the particular community college by the county board of supervisors is in a mandatory state by statute. Op. of Miss. Ethics Comm. Op. No. 99-018-E.

A county supervisor’s business is not prohibited from contracting with a city because the city is a separate governmental entity from the county; however, Article IV, Section 109 of the Constitution and subsection (2) of this section prohibit a county supervisor from having an interest, whether direct or indirect, in a contract with the state, or any district, county, city or town thereof, authorized by the supervisor’s board during his term or for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 99-029-E.

The state conflict of interest laws do not prohibit a county supervisor from serving as a member of a nonprofit corporation or from having an interest in a for-profit corporation that is involved in receiving federal or state loans or grants to fund housing projects; this is also true if the county supervisor is the executive director of a nonprofit corporation receiving federal or state loans or grants to fund housing projects. Op. of Miss. Ethics Comm. Op. No. 99-033-E.

The spouse of a candidate for the board of supervisors may not remain employed by the county soil and water conservation commission if the candidate is elected to the board of supervisors when a portion of the spouse’s salary is paid by the board of supervisors through an agreement between the USDA-NRCS and the board of supervisors. Op. of Miss. Ethics Comm. Op. No. 99-058-E.

A local governmental entity’s board member, including a county supervisor, a municipal board member and/or a school board trustee, is absolutely prohibited from contracting with his or her governmental entity or the board member’s business contracting with his or her governmental entity during the board member’s term and for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 99-067-E.

A county supervisor’s business is not as such prohibited from contracting with a city because the city is a separate governmental entity from the county. Op. of Miss. Ethics Comm. Op. No. 99-075-E.

A county supervisor’s business was prohibited from contracting with a city when the city was receiving discretionary gaming monies from the county board of supervisors and when the county and the city had numerous interlocal agreements currently in effect between them. Op. of Miss. Ethics Comm. Op. No. 99-075-E.

It is not as such a violation of the state conflict of interest laws for an individual employed by the Mississippi Department of Education as a school attendance officer to serve as a county supervisor or a member of a county school board of trustees. Op. of Miss. Ethics Comm. Op. No. 99-083-E.

The state conflict of interest laws do not as such prohibit a board member of a nonprofit rural water association from serving as a county supervisor. Op. of Miss. Ethics Comm. Op. No. 99-087-E.

A county may not contract with a supervisor’s child to provide architectural services to the county if the supervisor is directly or indirectly interested in the child’s contract. Op. of Miss. Ethics Comm. Op. No. 99-100-E.

The employment of a county supervisor’s financially dependent child in the county tax assessor’s office is prohibited. Op. of Miss. Ethics. Comm. Op. No. 99-115E.

A company could maintain an existing sixteenth section land lease where the principal owner of the company had been elected to serve on the county board of supervisors as the company’s authorization by the county board of supervisors was not during the owner’s term or within one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 99-126-E.

A county supervisor cannot nominate his spouse to a county planning commission if the planning commission members are to receive per diem and/or expense reimbursements; the county supervisor would be required to totally and completely recuse himself from the consideration of his spouse’s appointment to the commission. Op. of Miss. Ethics. Comm. Op. No. 00-001-E.

A county supervisor is prohibited from having an employment contract with the county sheriff’s department during his term of office and is also prohibited from having an employment contract with the county sheriff’s department within one year of the end of his term of office. Op. of Miss. Ethics. Comm. Op. No. 00-002-E.

A former county supervisor can be employed by a municipal police department located within the county he served within one year of the end of his term, unless there exists a contract between the county and the city in which the former county supervisor, as a salaried police officer, would have a private pecuniary interest. Op. of Miss. Ethics. Comm. Op. No. 00-002-E.

A county cannot enter into a contract with an ambulance service that employs the son of one of the county supervisors where the son resides with the county supervisor, and a recusal or abstention by the county supervisor will not alter the result. Op. of Miss. Ethics. Comm. Op. No. 00-012-E.

A former county supervisor/planning and development district board member was prohibited from being employed by the planning and development district to perform landfill operation services under the planning and development district’s contract with the solid waste authority for one full year after the former county supervisor/planning and development district board member’s term ended. Op. of Miss. Ethics. Comm. Op. No. 00-013-E.

The spouse of a newly elected supervisor cannot remain employed by the county as a road employee in a beat other than the beat of the newly elected supervisor when the county operates under the beat system of road administration as a violation of the statute will occur once the newly elected supervisor’s spouse is paid with funds approved in a budget authorized by the county board of supervisors of which the newly elected supervisor is a member, and an abstention or recusal by the supervisor will not prevent the violation. Op. of Miss. Ethics. Comm. Op. No. 00-015-E.

A county cannot continue as a member of a nonprofit opportunity agency, and thereby continue to fund the nonprofit opportunity agency when a newly elected supervisor’s spouse is employed by the nonprofit opportunity agency as a violation of the section will occur when the county board of supervisors either authorizes a new membership agreement with the nonprofit opportunity agency employing the newly elected supervisor’s spouse during the newly elected supervisor’s term of office or within one year thereafter, or grants funding the nonprofit opportunity agency employing the newly elected supervisor’s spouse from monies approved in a budget authorized by the county board of supervisors during the newly elected supervisor’s term of office or within one year thereafter, and an abstention or recusal by the supervisor will not prevent the violation. Op. of Miss. Ethics. Comm. Op. No. 00-016-E.

A county supervisor is prohibited from contracting as a consultant with Keep Mississippi Beautiful, Inc. to assist it in implementing its programs if the county in which the supervisor serves also contracts with Keep Mississippi Beautiful, Inc. to implement its state-wide communication programs. Op. of Miss. Ethics. Comm. Op. No. 00-017-E.

A county board of supervisors is prohibited from obtaining a block grant from the state for use as an economic development loan to a corporation whose president and part owner is the spouse of a former county supervisor whose term on the board of supervisors expired within one year of the obtaining of the grant and/or the providing of the loan. Op. of Miss. Ethics. Comm. Op. No. 00-022-E.

The spouse of a newly elected member of the county board of supervisors cannot remain employed as a registered nurse by the community hospital owned by the county after the county board of supervisors of which he is a member approves its first budget, submitted by the county-owned hospital, and an abstention or a recusal will not prevent a violation of the statute. Op. of Miss. Ethics. Comm. Op. No. 00-023-E.

A county board of supervisors’ employment of the county’s chancery clerk to look after the interest of the county in lands the county owned as anticipated in Code Section 19-7-15 would result in a violation of the statute. Op. of Miss. Ethics. Comm. Op. No. 00-027-E.

A county board of supervisors can simultaneously employ two spouses, one as the purchasing clerk, the other as a beat road foreman, if neither is a relative of the members of the board of supervisors and neither has supervisory power over the other; however, each spouse is prohibited from using these official positions for pecuniary benefit to themselves or each other. Op. of Miss. Ethics. Comm. Op. No. 00-030-E.

A county supervisor’s child can be employed by the county board of supervisors in the position of a combined coordinator with the duties of the E-911 director, the emergency management director, and the fire coordinator if the child is totally and completely financially independent from the supervisor and the supervisor has no interest, direct or indirect, in the child’s employment contract with the county; however, the supervisor would be required to recuse himself from any action coming before the board of supervisors in connection with the child’s original employment and any action that would increase his child’s compensation or fringe benefits as an employee of the county or would result in a promotion or re-employment. Op. of Miss. Ethics. Comm. Op. No. 00-033-E.

A waterway district was not prohibited from contracting with a county supervisor’s corporation in the event the waterway district’s board determined the county supervisor’s corporation had submitted the lowest and best bid for the construction of 20 cabins, as the state bond issue and its monies to fund the contract to build the 20 cabins were independent and separate from the waterway district’s normal indebtedness/liabilities, contracts, and county funding; however, such a contract would be prohibited if the waterway district were to fund the contract project with monies derived from the counties’ payments or with monies supplanting monies derived from the counties’ payments, or if the waterway district were to fund the contract project with borrowed monies or bond monies the indebtedness and/or liabilities of which would be paid for with monies derived from the counties’ payments; further the county supervisor would be required to recuse himself from any matter coming before the board of supervisors that concerned the waterway district, an appointment to the waterway district board, and/or the county’s funding of the waterway district during the existence of the construction contract in the event the waterway district board awarded the contract to the supervisor’s corporation. Op. of Miss. Ethics. Comm. Op. No. 00-037-E.

A deputy circuit clerk’s contractual relationship with the county board of supervisors to perform county law library updates would result in the deputy circuit clerk being a contractor with the authority of the governmental entity in which the deputy circuit clerk was a public servant in violation of the statute. Op. of Miss. Ethics. Comm. Op. No. 00-039-E.

A newly elected supervisor’s spouse is prohibited from continuing her employment, or from contracting in any other way with county-owned hospital after the county board of supervisors of which he is a member approves its first budget submitted by the county-owned hospital, and a recusal or abstention by the supervisor will not prevent a violation of the statute. Op. of Miss. Ethics. Comm. Op. No. 00-042-E.

A newly elected county supervisor’s spouse could not remain employed by a corporation that leased a county-owned hospital after the board of supervisors entered into a new lease contract for the county hospital with the corporation. Op. of Miss. Ethics. Comm. Op. No. 00-049-E.

The statute does not prohibit an individual from serving as a county supervisor while simultaneously being an employee of a state agency; however, this is with the understanding that a state employee serving as a supervisor may not perform the duties and responsibilities of supervisor when on duty with the state and being paid by the state, i.e., a state employee serving as a supervisor must request and receive leave from the state agency when performing his or her duties and responsibilities as a supervisor. Op. of Miss. Ethics. Comm. Op. No. 00-068-E.

A county supervisor’s daughter-in-law cannot be employed by the county tax assessor/collector’s office if the county supervisor’s son and daughter-in-law are financially dependent on the county supervisor and/or if the county supervisor is interested, directly or indirectly, in the daughter-in-law’s county employment contract. Op. of Miss. Ethics. Comm. Op. No. 00-135-E.

It is not a violation of the state conflict of interest laws for one spouse to serve as an elected member of a county board of supervisors and the other spouse to serve as an elected member of the board of aldermen for a city located within the county the other spouse serves as a supervisor. Op. of Miss. Ethics. Comm. Op. No. 01-003-E.

A county supervisor could participate in the discussions and votes pertaining to an ambulance contract if the supervisor’s son totally and completely severed all employment interest and/or other interests with the ambulance company, the son would not be receiving any pecuniary benefits of any kind from the ambulance company, and the supervisor would not otherwise be interested, directly or indirectly, in the ambulance contract if authorized by the board. Op. of Miss. Ethics. Comm. Op. No. 01-004-E.

A county board of supervisors is prohibited from contracting with the spouse of one of its members by employing the spouse as computer support personnel, and this prohibition will apply during the supervisor’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-030-E.

A community mental health center is prohibited from contracting with a construction company owned by a county supervisor who is a member of one of the boards of supervisors that appropriates funding to the community mental health center, and this prohibition will apply during the supervisor’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-032-E.

A county board of supervisors is prohibited from authorizing the purchase of one of its members’ property and/or approving the funds to purchase one of its members’ property for any purpose, including expanding the existing industrial park at the recommendation of the county economic development foundation. Op. of Miss. Ethics. Comm. Op. No. 01-038-E.

A county supervisor is prohibited from being employed by a community college funded by the county supervisor’s board during the county supervisor’s term and for one year thereafter, when any funding provided by the county to the community college during the supervisor’s term is nondiscretionary. Op. of Miss. Ethics. Comm. Op. No. 01-089-E.

A board of supervisors may not authorize a contract with a bank to serve as its depository, or for other purposes, when the bank employs one of the county supervisor’s spouses. Op. of Miss. Ethics. Comm. Op. No. 02-010-E.

A city’s superintendent of its solid waste department, who also serves as commissioner for the regional solid waste authority, may not simultaneously serve as a member of the county board of supervisors if the city, county, and regional solid waste authority have an interlocal agreement to operate and maintain a solid waste transfer station. Op. of Miss. Ethics. Comm. Op. No. 02-012-E.

A county supervisor, who is also a licensed auctioneer, may not conduct an auction to sell county surplus property, even if he does not charge the county a fee. Op. of Miss. Ethics. Comm. Op. No. 02-022-E.

The conflict of interest laws do not prohibit one spouse from seeking a position on the board of supervisors in an election while the other spouse simultaneously seeks the position of tax assessor/collector for the same county in the same election; further, if elected, they may hold such positions simultaneously. Op. of Miss. Ethics. Comm. Op. No. 02-036-E.

A member of a county board of supervisors, who serves on the board of a planning and development district, may vote to hire the district to perform duties for the county. Op. of Miss. Ethics. Comm. Op. No. 02-043-E.

The county board of supervisors may appoint the spouse of a county coroner to complete the unexpired term of the coroner following the retirement of the coroner. Op. of Miss. Ethics. Comm. Op. No. 02-044-E.

A regional mental health center may not enter into a contract with a security company owned by a county supervisor when the board of supervisors, on which the supervisor serves, appropriates funding and leases property to the regional mental health center, and this prohibition will apply during the supervisor’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 02-071-E.

A county supervisor may be employed by a community college funded by his or her county through a tax levy only if the current funding of that community college by the county board of supervisors is a maximum mandatory amount set by statute and the levy cannot be reduced from the previous year, so that funding discretion is removed from the county board of supervisors. Op. of Miss. Ethics Comm. Op. No. 02-072-E.

A county supervisor will not violate §§25-4-105(3)(a) or25-4-105(3)(b), should he or his business contract with or sell goods or services to, or make purchases from, a community college because the county and community college are separate governmental entities as defined by §25-4-103(g)(h). Op. of Miss. Ethics Comm. Op. No. 02-072-E.

The only way a county supervisor can be certain to avoid violating §25-4-105(1) is to recuse himself from all matters coming before the county board of supervisors that concern a community college employing the requestor or contracting with the requestor by way of his business. Op. of Miss. Ethics Comm. Op. No. 02-072-E.

Because a county supervisor is prohibited by Miss. Const. Art. 4, § 109 and §25-4-105(2) from directly or indirectly having an inherent interest and/or receiving a pecuniary benefit from his county or a community college as a result of any contracts existing between the two governmental entities, a recusal or an abstention will not prevent a violation since, even without a board member’s vote, the authorization by the member’s board nonetheless results in a contract in which the board member has a prohibited interest. Op. of Miss. Ethics Comm. Op. No. 02-072-E.

County board of supervisors is not prohibited from assigning to the comptroller of a county additional job duties and responsibilities, including those of maintaining the records for the county’s fire commission, or setting the comptroller’s compensation for performing those duties. Op. of Miss. Ethics Comm. Op. No. 02-098-E.

9. Mayor, alderman, councilperson.

Alderman may not, during ice storm subsequently proclaimed to be state-wide emergency, contract on behalf of city with private business owned and operated by employee of city to remove trees, tree limbs, etc., posing danger to public and interruption of utility service, notwithstanding emergency status. Op. of Miss. Ethics Comm. Op. No. 89-78-E.

City may not purchase goods or services from county co-op when chairman of board of co-op is city employee and bookkeeper of co-op is city alderman. Op. of Miss. Ethics Comm. Op. No. 89-159-E.

Alderman may not cast vote in such manner as to result in benefit to a business with which he is associated, thus motion before board of aldermen resulting in conditional use permit being granted to oil company employing an alderman would constitute conflict. Op. of Miss. Ethics Comm. Op. No. 90-066-E.

Alderman may not sell goods to contractor who is to be paid from proceeds of a community development block grant awarded to the city in which he is alderman; any agreement entered into city which predicates receipt of block grant constitutes contract pursuant to section, and alderman would be interested in contract, for without it there would be no purchase of building supplies. Op. of Miss. Ethics Comm. Op. No. 91-035-E.

It would be violation for alderman or councilman to become general manager or employee of non-profit service company owned by 2 other non-profit corporations which contract with their city. In addition, alderman or councilman would be subcontractor with governmental entity of which he or she is a member and thus have “material financial interest” in any business which is a contractor, subcontractor, or vendor with the governmental entity of which he or she is member, in violation of this section. Op. of Miss. Ethics Comm. Op. No. 91-062-E.

Violation exists where alderman owns approximately four tenths of one percent of stock of a corporation, such stock valued at $20,000, where corporation is expected to contract with city and to receive Community Development Block Grant initiated by city. Prohibited interest on part of alderman can be removed only by his divesting himself of investment. Recusal, “no” vote or abstention from voting does not remove prohibited interest. Op. of Miss. Ethics Comm. Op. No. 92-040-E.

City councilman is in violation of ethics laws if he does business with gaming operation which is lessee of city and also votes on matters coming before council which concern gaming operation. Op. of Miss. Ethics Comm. Op. No. 92-186-E.

It is not improper for alderman to participate in board deliberations and votes concerning dockside gambling when casino corporation is negotiating with both city and yacht club of which alderman is a member and in which alderman owns form of indebtedness, where alderman and his spouse purchased, in 1982, a $1,000 construction bearer bond of yacht club, which approximately in November, 1992 was transferred to a person not a “relative” and also in November, 1992 alderman’s membership in yacht club was removed, and alderman did not have boat at yacht club nor current affiliation with it. Op. of Miss. Ethics Comm. Op. No. 92-206-E.

Ethics laws do not prohibit city councilman from simultaneously being employee of state commission. Op. of Miss. Ethics Comm. Op. No. 93-022-E.

Where citizens seeking to qualify for office of town alderman also is plaintiff in federal lawsuit against town, any settlement of suit may be effectuated and any agreed-to liability against city may be paid, prior to alderman candidate’s taking office; however should alderman candidate take office first, then any settlement would in effect be precluded; settlement would be contract and new alderman would have an interest in it which would be authorized by the board of which he is a member, in violation of code and state constitution. However, legal fees may be paid to city attorney with respect to action since attorney’s contract to represent city in action was entered into prior to alderman candidate’s taking office. This holds true whether payment of fees is effected before or after alderman takes office. Finally, should court determine liability against city or order city to pay plaintiff’s legal costs, city may pay amounts regardless of whether or not alderman takes office. Op. of Miss. Ethics Comm. Op. No. 93-035-E.

There would be no violation of subsection (1) of the section were city councilman to vote on zoning matter concerning land adjacent to him which vote would not result in pecuniary benefit to him. Op. of Miss. Ethics Comm. Op. No. 93-066-E.

Law prohibits attorney from becoming city attorney of a town whose mayor is attorney’s secretary. Op. of Miss. Ethics Comm. Op. No. 93-130-E.

Ethics laws prohibit mayor and alderman from serving on city’s chamber of commerce. Discretion of city governing body and its action in setting aside, appropriating, or expending funds to chamber so that chamber can provide its services to city constitutes at least an implied contract between two entities. Such contract would be illegal, with affected board member and board as a whole being liable. Mayor and alderman may, however, be members of chamber, as opposed to members of its board of directors. Op. of Miss. Ethics Comm. Op. No. 93-219-E.

Law does not prohibit city employees such as city clerk from serving on city’s chamber of commerce. Not being members of city’s governing board, no conflict would arise. However, should they become compensated members of chamber’s board of directors in future, such should be brought to attention of Commission as it could constitute violation of ethics law. Op. of Miss. Ethics Comm. Op. No. 93-219-E.

The mayor of a charter city whose position in not full-time is not prohibited under the ethics laws from serving simultaneously as the county administrator for the same county. Op. of Miss. Ethics Comm. Op. No. 94-038-E.

The mayor of a city may lease his privately owned land located outside the city to a gaming corporation without violating ethics laws, but future contracts between the city and the gaming corporation, or solicitation of funding for infrastructure, could cause a violation or a sense of impropriety. Op. of Miss. Ethics Comm. Op. No. 94-059-E.

A former alderman who resigned to become employed as a town policeman has an interest in the contract, authorized by his board, to adopt the budget from which the salary is paid, and therefore is prohibited from such employment for his current term or within one year after the termination of the term. Op. of Miss. Ethics Comm. Op. No. 94-096-E.

A municipality operating under a code charter form of government may not approve additional compensation at an hourly rate for its salaried mayor for assisting with the duties of and the training of a new city clerk. Op. of Miss. Ethics Comm. Op. No. 95-006-E.

A mayor may serve as an uncompensated member of a volunteer fire department. Op. of Miss. Ethics Comm. Op. No. 95-050-E.

Where only two cellular telephone companies are available to contract with a municipality, contracting with an alderman’s company does not violate Code Section 25-4-105(3)(a) because of the exception in Code Section 25-4-105(4)(d), but it does violate Constitutional Section 109 and Code Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 95-086-E.

Where only two cellular telephone companies are available to contract with a municipality, contracting with a company that is an agent of one of the cellular telephone companies when there are other agents available and when a police officer has a material financial interest in the agent company violates Code Section 25-4-105(3)(a). Op. of Miss. Ethics Comm. Op. No. 95-086-E.

A municipality funding a nonprofit trust for historical and cultural preservation purposes when an alderman serves on the trust’s board is not as such a violation of the conflict of interest laws as there are only competing public interests. There would be a violation of the conflict of interest laws if the trust compensated the alderman or the alderman received personal pecuniary benefits from contracts with the trust. Op. of Miss. Ethics Comm. Op. No. 95-098-E.

An alderman is not prohibited by the conflict of interest laws from voting on matters concerning an employee that charged the alderman with harassment. Op. of Miss. Ethics Comm. Op. No. 95-112-E.

A municipal council member’s serving as a board member of a nonprofit rehabilitation center that is funded by the council member’s municipality is prohibited by Constitutional Section 109 and Code Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 95-125-E.

A candidate for the municipal governing board may not serve if elected when he is the general manager of a cable television company that has an existing non-exclusive franchise agreement with the municipality. Op. of Miss. Ethics Comm. Op. No. 95-155-E.

An alderman may vote on the issuance of building permits and the amount to be charged for building permits when the alderman and/or his professional association has builders and developers as clients. However, the alderman was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-001-E.

A legal secretary for the municipal board attorney may not remain in that employment position if she is elected to the board of aldermen because there would be a violation of Constitutional Section 109 and §25-4-105(2) and (3)(a). Op. of Miss. Ethics Comm. Op. No. 96-008-E.

An alderman may be employed as the county fire coordinator if there are no contracts existing between the municipality and the county that would cause the alderman to violate Constitutional Section 109 and §25-4-105(2) as a compensated county employee. However, the alderman was cautioned regarding §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-009-E.

An alderman may not be employed as the compensated county fire coordinator if there are contracts existing between the municipality and the county, especially a fire protection contract, that would cause the alderman to violate Constitutional Section 109 and §25-4-105(2) as a compensated county employee. Op. of Miss. Ethics Comm. Op. No. 96-016-E.

An alderman may not use his personal dump truck to haul materials for a contractor with the alderman’s municipality as it would violate Constitutional Section 109 and §25-4-105(2) and(3)(a). Op. of Miss. Ethics Comm. Op. No. 96-022-E.

A municipality’s mayor’s wrecker service may respond to a request from the municipality to provide wrecker services when all wrecker charges are paid by the vehicle owner and not the municipality. However, the mayor was cautioned regarding §25-4-101 and §25-4-105(1) and (5). Op. of Miss. Ethics Comm. Op. No. 96-043-E.

Constitutional Section 109 and §25-4-105(2) prohibit an alderman from having an interest, through a building lease, in an engineering firm that contracts with the municipality. Op. of Miss. Ethics Comm. Op. No. 96-082-E.

Section 25-4-105(2) and (3)(a) prohibits an employee of a cable television company from serving as an alderman for the municipality when the cable television company has a nonexclusive franchise agreement with the municipality. Op. of Miss. Ethics Comm. Op. No. 96-090-E.

Constitutional Section 109 and §25-4-105(2) effectively prohibit a city’s collection of fees for and on behalf of a rural volunteer fire department under an implied contract with the city when the chief of the volunteer fire department is also an alderman for the city. Op. of Miss. Ethics Comm. Op. No. 96-123-E.

An alderman’s pharmacy’s acceptance of payments from the municipality’s Workers’ Compensation insurance carrier on behalf of the municipality’s employees is an interest in the municipality’s Workers’ Compensation insurance contract that is prohibited by Constitutional Section 109 and §25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 97-092-E.

Constitutional Section 109 and §25-4-105(2) prohibit a city from renewing a property lease contract with the city’s newly elected mayor and the mayor’s spouse. Op. of Miss. Ethics Comm. Op. No. 97-096-E.

Article IV, § 109 of the Mississippi Constitution and subsection (2) of §25-4-105 absolutely prohibit an alderman from being employed by a library system that is partially funded by the alderman’s municipality. Op. of Miss. Ethics. Comm. Op. No. 97-139-E.

An alderman who is also a member of a community college’s faculty should recuse himself from any matter coming before the municipal governing authority that involves his community college employer in order to avoid an appearance of impropriety and to avoid using his official position to obtain a pecuniary benefit for himself. Op. of Miss. Ethics Comm. Op. No. 97-144-E.

Constitutional Section 109 and Code Section 25-4-105(2) prohibit county supervisors from having an interest in any sixteenth section lease contracts with the county school district when the lease contracts’ rental amounts are approved by the county board of supervisors during the members’ terms or for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 97-148-E.

Article IV, § 109 of the Constitution and subsection (2) of §25-4-105 prohibit an alderman from being employed by a business when his or her city contracts with that business during the alderman’s term of office or for one year thereafter, and the prohibition includes the city contracting to purchase real property from the business employing the alderman. Op. of Miss. Ethics. Comm. Op. No. 97-157-E.

Article IV, § 109 of the Constitution and subsection (2) of §25-4-105 prohibit the city’s employment of an alderman’s son-in-law if the alderman is directly or indirectly interested in the son-in-law’s employment. Op. of Miss. Ethics. Comm. Op. No. 97-161-E.

Constitutional Section 109 and §25-4-105(2) prohibit a county supervisor’s company from contracting with a regional mental retardation commission during the county supervisor’s term or for one year thereafter when the county board of supervisors authorize funding to support the regional mental retardation commission by way of a discretionary tax levy. Op. of Miss. Ethics Comm. Op. No. 97-163-E.

A city council member is prevented from having an interest in any bank serving as the city’s depositories or contracting with the city for any other purpose; certainly, stock ownership or having a bank’s equities and opportunities are such prohibited interests unless those interests are “de minimis non curet lex.” Op. of Miss. Ethics Comm. Op. No. 98-008-E.

An alderman or an alderman’s businesses may not have consultant and/or construction contracts and/or a percentage of ownership in utilities with a company when the company may be contracting with the alderman’s city to purchase the city’s utility operation should the city privatize its utility operation. Op. of Miss. Ethics Comm. Op. No. 98-009-E.

The mayor and board of aldermen, are prohibited from entering into a lease modification agreement or a new lease agreement with an industry that employs two aldermen during the two aldermen’s terms of office and for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 98-012-E.

A municipality may enter into a lease modification agreement and/or in the future enter into a new lease agreement with an industry that employed the municipality’s mayor at the time of his election where the mayor subsequently retired from the industry, unless he has a continuing interest in the industry such as retirement payments. Op. of Miss. Ethics Comm. Op. No. 98-012-E.

A municipal council member, who is an employee of the municipal school district, is always advised to totally and completely recuse himself or herself from matters involving the appointment of municipal school board members. Op. of Miss. Ethics Comm. Op. No. 98-013-E.

An alderman who has been issued a beer license by the municipality may not serve on an advisory committee to make recommendations to the mayor and board of aldermen with regard to changes or amendments to the municipality’s beer ordinance or participate in the board of aldermen’s actions on the amendment of the municipality’s beer ordinance. Op. of Miss. Ethics Comm. Op. No. 98-014-E.

It is not a violation of the state conflict of interest laws for an alderman to simultaneously serve as a board member of a private nonprofit water association. Op. of Miss. Ethics Comm. Op. No. 98-021-E.

A municipal council member, who is an employee of the municipal separate school district, must always totally and completely recuse himself or herself from matters involving the appointment of members to the municipal separate school board of trustees in order to comply with the public policy set forth in §25-4-101 and to avoid a potential violation of subsection (1) of this section. Op. of Miss. Ethics Comm. Op. No. 98-023-E.

A city council member may not be employed as a sales person for an automobile dealership when the dealership is providing repair services, repair parts and warranty services to the city. Op. of Miss. Ethics Comm. Op. No. 98-033-E.

It is not a violation of the state conflict of interest laws for a mayoral spouse to be employed by the municipality’s housing authority, as long as the housing authority receives no funding of any kind or no additional bond issuing authority from the mayor and aldermen; however, a mayor, whose spouse is an employee of the municipality’s housing authority, should totally and completely recuse himself or herself from matters involving the appointment of housing authority members. Op. of Miss. Ethics Comm. Op. No. 98-035-E.

The donation of real property to the city by a former alderman will not violate the state conflict of interest laws, even if the donation occurs within one year of the former alderman leaving office. Op. of Miss. Ethics Comm. Op. No. 98-046-E.

A municipal alderman, who is also a bail bondsman, is prohibited from writing bail bonds for the release of defendants arrested and held in custody by the municipality that he serves; however, a municipal alderman, who is also a bail bondsman, may write bail bonds for the release of defendants held in custody by governmental entities other than the municipality that he serves. Op. of Miss. Ethics Comm. Op. No. 98-047-E.

An alderman may not serve as an executive board member of a union when the union has an employment contract with the alderman’s city whereby the city’s employees who are union members are employed, promoted and disciplined. Op. of Miss. Ethics Comm. Op. No. 98-058-E.

A city council member may be employed by the county as a bookkeeper/comptroller. Op. of Miss. Ethics Comm. Op. No. 98-060-E.

After purchasing a private water system, a code charter municipality may only continue a contract with the mayor’s son-in-law to provide meter reading services that he was previously providing to the private water service if the mayor is totally and completely financially independent from his son-in-law and daughter and has no interest, direct or indirect, in the son-in-law’s contract with the city and if the mayor is not in any way involved in the board of aldermen’s decision to continue the contract of his son-in-law as a meter reader. Op. of Miss. Ethics Comm. Op. No. 98-061-E.

A limited liability corporation, in which a city council member owns a substantial interest, may not lease a building to a company that has an existing contract with the city. Op. of Miss. Ethics Comm. Op. No. 98-076-E.

A city council member may not lease land and/or buildings to a company that has a service contract with the city and that owns a majority of another company that contracts with the city. Op. of Miss. Ethics Comm. Op. No. 98-077-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section prohibit a mayor from serving as the chairman of a broad-based, not-for-profit group during his current term and for one year thereafter where the city has funded the group during his current term; further, Article IV, Section 109 of the Constitution and subsection (2) of this section will prohibit the city from funding the group during the mayor’s term and for one year thereafter should the mayor serve as the group’s chairman. Op. of Miss. Ethics Comm. Op. No. 98-082-E.

It is not a violation of the conflict of interest laws for a city council member to vote on the dedication of a street that has been requested by a business partner of the city council member, if the city council member does not have a personal interest in and will not personally receive a pecuniary benefit from the city council’s approval of the street dedication. Op. of Miss. Ethics Comm. Op. No. 98-084-E.

It is not a violation of the conflict of interest laws for a city council member to vote on leasing space to house a city department in a mini-mall partly owned by a business partner of the city council member if the city council member does not have an interest, direct or indirect, in and will not personally receive a pecuniary benefit from the city’s lease with the mini-mall. Op. of Miss. Ethics Comm. Op. No. 98-084-E.

It is not a violation of the conflict of interest laws for the city to lease space to house a city department in a mini-mall partly owned by the mayor’s father-in-law if the mayor does not have an interest, direct or indirect, in and will not personally receive a pecuniary benefit from the city’s contract with the mini-mall partly owned by the mayor’s father-in-law. Op. of Miss. Ethics Comm. Op. No. 98-084-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section absolutely prohibit an alderman from selling land to the town during his term and for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 98-085-E.

An alderman may not remain a member of his union when the union has an employment contract with the alderman’s city, whereby the city’s union employees are employed, promoted and disciplined; the alderman’s resignation as an executive board member of the union will remove his fiduciary interest and therefore the prohibition imposed by Article IV, Section 109 of the Constitution and subsection (2) of this section. Op. of Miss. Ethics Comm. Op. No. 98-087-E.

An alderman may be involved in the discussions and/or action of the board of aldermen to extend water and sewer services to undeveloped real property located adjacent to the city that is owned by individuals, individually and through other entities, that also own the firm that employs the alderman, where it appeared that the alderman in question would not have a prohibited interest in the anticipated contract. Op. of Miss. Ethics Comm. Op. No. 98-088-E.

An alderman’s son may be employed by the city as a police officer if the alderman’s son is totally and completely financially independent from the alderman and the alderman has no interest, direct or indirect, in the son’s employment contract with the city. Op. of Miss. Ethics Comm. Op. No. 98-091-E.

A nonprofit entity may not continue to receive funding from a city through court assessments and direct appropriations if the director of the nonprofit entity is elected to the city council. Op. of Miss. Ethics Comm. Op. No. 98-096-E.

A city may not fund a nonprofit corporation when the chairman of the board of the nonprofit corporation is also an alderman with the city. Op. of Miss. Ethics Comm. Op. No. 98-099-E.

The state conflict of interest laws did not as such prohibit an alderman being employed at a county tax assessor/collector’s office; but a circumstance could exist that would cause a violation of the conflict of interest laws should there be a contract between the two governmental entities in which the public servant would have a private pecuniary interest. Op. of Miss. Ethics. Comm. Op. No. 99-125-E.

A city is prohibited from purchasing from a large national corporation’s retail store when a member of the board of aldermen is employed by the large national corporation at one of its retail stores, and this prohibition will apply during the alderman’s term and for one year thereafter; the only applicable exception is if the goods or services involved are reasonably available from two or fewer commercial sources, provided such transactions comply with the public purchases laws. Op. of Miss. Ethics. Comm. Op. No. 00-036-E.

A city is prohibited from purchasing from a large national corporation’s retail store when a spouse of a member of the board of aldermen is employed by the large national corporation at one of its retail stores, and this prohibition will apply during the alderman’s term and for one year thereafter; the only applicable exception is if the goods or services involved are reasonably available from two or fewer commercial sources, provided such transactions comply with the public purchases laws. Op. of Miss. Ethics. Comm. Op. No. 00-036-E.

An individual is not prohibited from continuing to contract with a county to operate its water system as an independent contractor if the individual is elected mayor of a city located inside the county; however, a conflict of interest could arise if there were a contract between the municipality and county in which the individual, as the operator of the county water system and as the mayor of the city, would have a private pecuniary interest. Op. of Miss. Ethics. Comm. Op. No. 00-038-E.

An incorporated restaurant in which an individual was part of the management team and a minority owner would be prohibited from doing business with casinos that had contracts with the city, such as lease contracts, if the individual became a member of the city council, and a recusal or abstention by the city council member would not avoid the violation of the statute. Op. of Miss. Ethics. Comm. Op. No. 00-041-E.

It is not as such a violation of the conflict of interest laws for a bailiff with the county sheriff’s department to simultaneously serve as an alderman with a city located within the county employing the bailiff as a city and a county are separate governmental entities; however, the bailiff would be required to recuse himself from all matters coming before the board of aldermen that concerned his county employer if he was elected. Op. of Miss. Ethics. Comm. Op. No. 00-048-E.

A city council member, who is also a bail bondsman, is prohibited from writing bail bonds for the release of defendants arrested and held in the custody of the law enforcement entity of the city the council member is elected to serve. Op. of Miss. Ethics. Comm. Op. No. 00-067-E.

It is not a violation of the state conflict of interest laws for an alderman who is an attorney to have a part-time, hourly contract with the Attorney General’s office to do legal research; however, an alderman must not use his official position with the city in any way to obtain or keep a part-time contract with the Attorney General’s office and, therefore, must totally and completely recuse himself from any matter coming before the city board that involves the Attorney General’s office including grants from the Attorney General’s office. Op. of Miss. Ethics. Comm. Op. No. 00-082-E.

A city is prohibited from contracting with a large national corporation through one of its divisions where a member of the city’s board of aldermen is employed by the corporation in one if its other divisions and where the alderman holds shares in the corporation, and this prohibition will apply during the alderman’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 00-087-E.

It is not a violation of the state conflict of interest laws for a city council member to be employed by the county to coordinate work between the county and the Mississippi Emergency Management Agency; however, a violation of the statute would occur if there existed contracts between the two governmental entities in which the public servant would have an inherent interest and/or a private pecuniary benefit. Op. of Miss. Ethics. Comm. Op. No. 00-089-E.

An alderperson accepting a position as deputy county tax collector or currently serving in a position of deputy county tax collector would violate the statute if an interlocal agreement between the city and the county for the county tax collector’s office to collect the city’s taxes was entered into during the alderperson’s term, was renewed during the alderperson’s term, and/or if payments under such an agreement were made or continued during the alderperson’s term; further, the same prohibitions that applied during the alderperson’s term would apply for one year after the end of the alderperson’s term. Op. of Miss. Ethics. Comm. Op. No. 00-118-E.

A mayor cannot be employed and compensated by an engineering firm for as long as the engineering firm remains the city’s engineering firm. Op. of Miss. Ethics. Comm. Op. No. 00-119-E.

An alderman could participate in matters before the mayor and board of aldermen that had been the issue of an official opinion from the Attorney General to the city or to any other public entity where the alderman was a part-time, contract attorney with the Attorney General’s Office; however, the alderman would be required to totally and completely recuse himself from any matter coming before the city board that involved the Attorney General’s office, including grants from the Attorney General’s office. Op. of Miss. Ethics. Comm. Op. No. 00-120-E.

The donation of real property by an alderman to the city for use as a site for a new water tower will not violate the state conflict of interest laws unless the transfer of the real property from the alderman to the city is not to be a true donation or there is an interest or benefit accruing to the alderman. Op. of Miss. Ethics. Comm. Op. No. 00-125-E.

It is not a violation of the state conflict of interest laws for a city council member to be employed by a county-owned community hospital to plan and promote special activities for senior citizens in a multicounty service area; however, a violation of the section will arise in the event of a contract between the two governmental entities in which the public servant would have an inherent interest and/or a private pecuniary benefit. Op. of Miss. Ethics. Comm. Op. No. 00-127-E.

An alderman was prohibited from performing masonry work on houses for his father, who was the builder and developer of the subdivision in which the houses were located, where the alderman’s father received a loan approved by the board of aldermen to assist him in the development of the subdivision, and this prohibition would apply during the alderman’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 00-128-E.

A former member of the board of aldermen, within one year of the end of the former alderman’s term, can be appointed to the board of trustees of a community hospital owned jointly by the city and certain county districts. Op. of Miss. Ethics. Comm. Op. No. 00-137-E.

It is not a violation of the state conflict of interest laws for one spouse to serve as an elected member of a county board of supervisors and the other spouse to serve as an elected member of the board of aldermen for a city located within the county the other spouse serves as a supervisor. Op. of Miss. Ethics. Comm. Op. No. 01-003-E.

An employee of a natural gas district can serve as an alderman of a city that participated in the creation of the district and that receives significant funding from the district; however, a violation of the statute could arise if there was a contract between the district and the city in which the employee of the natural gas district had a private pecuniary interest. Op. of Miss. Ethics. Comm. Op. No. 01-017-E.

An employee of a natural gas district could serve as an alderman of a town that participated in the creation of the district and that received significant funding from the district; however, a violation of the statute could arise if there was a contract between the district and the city in which the employee of the natural gas district had a private pecuniary interest. Op. of Miss. Ethics. Comm. Op. No. 01-019-E.

An employee of a natural gas district can serve as an alderman of a town that participated in the creation of the district and that receives significant funding from the district; however, a violation of the statute could arise if there was a contract between the district and the city in which the employee of the natural gas district had a private pecuniary interest. Op. of Miss. Ethics. Comm. Op. No. 01-021-E.

An alderman can serve as an uncompensated member of the board of directors of a quasi-governmental, nonprofit industrial development authority established by the county’s industrial development district where the city does not provide any direct funding to either the authority or the district; however, the alderman would be required to totally and completely recuse herself from any matter coming before the board of aldermen that concerned the nonprofit industrial development authority. Op. of Miss. Ethics. Comm. Op. No. 01-022-E.

A city could continue to contract with a bank if an individual serving on the bank’s advisory board was elected to the city’s board of aldermen as the individual’s ownership interest in the bank was less than two percent with an aggregate annual net income of less than $ 5,000.00. Op. of Miss. Ethics. Comm. Op. No. 01-023-E.

It is not a violation of the state conflict of interest laws for an employee of a state department to simultaneously serve as a municipality’s mayor; however, a violation of the section could arise in the event of a contract between the two governmental entities in which the mayor would have an inherent interest and/or a private pecuniary benefit. Op. of Miss. Ethics. Comm. Op. No. 01-031-E.

It is not a violation of the conflict of interest laws for an elected school board member to simultaneously serve as a mayor, even though the municipality the mayor serves is located within the school district; however, the individual would be prohibited from directly or indirectly having an inherent interest and/or receiving a personal or pecuniary benefit from the school district or the municipality as a result of any contracts existing between the two governmental entities authorized during his terms of office or within one thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-071-E.

A city is prohibited from authorizing a contract with a bank to secure interim financing of a sewer bond issue, or for other purposes, when an alderman serving the city has a spouse that the bank employs, and the prohibition applies during the alderman’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-075-E.

An individual employed by the county as a veterans advocate can simultaneously serve as an alderman as a city and a county are separate governmental entities; however a violation of the section would arise in the event of a contract between the two governmental entities in which the individual would have an inherent interest and/or would receive a personal or pecuniary benefit or where the governmental entity that the individual served as a board member appropriated funds to the governmental entity employing the individual and that funding directly or indirectly resulted in a personal and pecuniary benefit to the public servant. Op. of Miss. Ethics. Comm. Op. No. 01-077-E.

A city is prohibited from contracting for the maintenance and repair of its vehicles with a business in which an alderman has an ownership interest despite the fact that no other business located within the city can provide these services, and this prohibition will apply during the alderman’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-078-E.

The mayor of a special charter city can vote in favor of increasing his salary in the event of a tie vote by the council members regarding the salary increase. Op. of Miss. Ethics. Comm. Op. No. 01-103-E.

A municipality is prohibited from continuing to purchase vehicles, receive services, or contract in any other way with a car dealership that employs the mayor during the mayor’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-118-E.

A city may not contract with a company to lay water lines when one of the city’s aldermen is employed by the company. Op. of Miss. Ethics. Comm. Op. No. 01-128-E.

An individual who is purchasing a house from an alderman’s son and his partner may use monies from the city’s Community Development Block Grant as the down payment on the house when the individual’s approval for participation in the block grant program and the authorization of the down payment must be approved by the mayor and board of aldermen, so long as the alderman will not profit from the transaction. Op. of Miss. Ethics. Comm. Op. No. 02-001-E.

A municipality may provide funding to the Chamber of Commerce to carry out community promotions and productions of community events when the municipality’s mayor’s spouse serves on the board of the Chamber of Commerce. Op. of Miss. Ethics. Comm. Op. No. 02-003-E.

The mayor and board of aldermen may appoint an individual to the board of trustees of the municipal school district where the individual’s spouse ceased to be employed by the municipal school district prior to the individual’s appointment. Op. of Miss. Ethics. Comm. Op. No. 02-004-E.

A member of the board of aldermen must recuse himself for a vote on a town’s annexation that includes the board member’s business property. Op. of Miss. Ethics. Comm. Op. No. 02-016-E.

A city council member may not sell property to the city under the Flood Acquisition Assistance program, which the city council member approved, even if the council member derives no profit from sale of the property and the city pays less than appraised fair market value for the property; further, the city council member may not sell the property to a third party without profit, with the third party then selling the property to the city under the Flood Acquisition Assistance program. Op. of Miss. Ethics. Comm. Op. No. 02-021-E.

A city alderman must recuse himself from all city discussions and actions related to a developer subdividing lots within the alderman’s neighborhood. Op. of Miss. Ethics. Comm. Op. No. 02-023-E.

An alderman’s son, who is currently employed as a deputy sheriff, may be simultaneously employed as a police officer by the city that the alderman serves, but only if the alderman is totally and completely financially independent from the son. Op. of Miss. Ethics. Comm. Op. No. 02-024-E.

It is not as such a violation of the state conflict of interest laws for a mayor to contract as a lobbyist with the Mississippi Municipal League while serving as a mayor for a city that pays dues to the league. Op. of Miss. Ethics. Comm. Op. No. 02-030-E.

A city council may act on a re-zoning application when one of the council members is the real estate broker for the property sale; however, the interested council member must totally and completely recuse himself from any matter going before the city council that concerns the property. Op. of Miss. Ethics. Comm. Op. No. 02-033-E.

It is not a violation of the state conflict of interest laws for an alderman to serve as a member of the National Guard. Op. of Miss. Ethics. Comm. Op. No. 02-041-E.

An alderman may be a paid consultant to another city that buys excess natural gas from the alderman’s city, as the public monies involved would flow from the city to whom the alderman is a consultant to the city where he is an alderman and, therefore, his actions on the board of aldermen would not provide an inherent interest or a personal or pecuniary benefit to the alderman as a consultant. Op. of Miss. Ethics. Comm. Op. No. 02-042-E.

A municipal board member may join a lawsuit against the municipal board, but must then totally and completely recuse himself from any matter coming before the municipal board concerning the lawsuit of which he is a party. Op. of Miss. Ethics. Comm. Op. No. 02-049-E.

An alderman’s brother may purchase land from the alderman’s city without violating the conflict of interest laws. Op. of Miss. Ethics. Comm. Op. No. 02-051-E.

An individual may simultaneously hold political office as a city board member and a state legislator. Op. of Miss. Ethics. Comm. Op. No. 02-063-E.

A city council member’s insurance agency may be endorsed by the local Chamber of Commerce for use by its members when the Chamber of Commerce receives a portion of its funding from the municipality. Op. of Miss. Ethics. Comm. Op. No. 02-065-E.

A city council member’s insurance agency may not contract with the wastewater authority that contracts to provide services to the city. Op. of Miss. Ethics. Comm. Op. No. 02-065-E.

A city may not accept a donation from a beverage company in exchange for an exclusive contract with the company to sell soft drinks on city property and at city functions when a bottling company employing one of the city’s aldermen has an exclusive franchise with the company for the area in which the city is located. Op. of Miss. Ethics Comm. Op. No. 02-073-E.

It is not a violation of Miss. Const. Art. 4, § 109 and §25-4-105(2) for a mayor to request and receive a historic preservation district tax abatement from the city he serves since granting the tax abatement results in the city withholding its right to impose its legal authority to tax and does not result in an authorization of a contract. Op. of Miss. Ethics Comm. Op. No. 02-075-E.

A mayor may participate in a hearing to re-zone property from agricultural to residential use when the owners of the property may in the future request the property to be re-zoned commercial for a funeral home that would compete with the mayor’s business. Op. of Miss. Ethics Comm. Op. No. 02-100-E.

It is not a violation of the conflict of interest laws for a city council member to simultaneously serve as director to the county emergency communications commission, created by the county board of supervisors, so long as no contracts exist between the two governmental entities, the county and the city, in which the city council member would have an inherent interest and/or a private pecuniary benefit. Op. of Miss. Ethics Comm. Op. No. 02-104-E.

An alderman is prohibited from being employed as an apartment manager by a corporation that received a multifamily complex building grant during the alderman’s term and for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 02-106-E.

10. —Conflict involving family member.

Section does not prohibit emancipated son of alderman from becoming employee of same city. Particular factors indicating emancipation are key determinants in decision. However, alderman/father should not participate in any board matter concerning son. Furthermore, Commission expressed concern that son’s emancipation could be direct result of his obtaining job with city, financially enabling him to live apart from parents; should that be true, alderman/father would have interest in son’s employment contract, implicating prohibitions of section. Op. of Miss. Ethics Comm. Op. No. 90-065-E.

Section prohibits town from contracting with local bank where spouse of alderman is assistant vice president of bank. Under such facts, alderman would have an interest in any contract authorized by his board, as without order of the board the city would be unable to proceed with the particular contractual arrangement described. Op. of Miss. Ethics Comm. Op. No. 91-054-E.

Ethics violation exists where person is elected alderman whose spouse is sergeant on city’s police department. Once city’s annual budget is adopted or like official action takes place which affects spouse of alderman, a violation of Constitutional Section 109 and Code Section 25-4-105(2) will occur. Op. of Miss. Ethics Comm. Op. No. 92-111-E.

Violation of ethics laws would occur should spouse of councilperson serve as public defender following spouse’s appointment by mayor in mayor-council form of city government. Op. of Miss. Ethics Comm. Op. No. 93-133-E.

No conflict of interest violation under Section 25-4-105(1) exists where a city is negotiating to buy property from the father of an alderman, as long as the alderman and his father are financially independent of each other, the alderman will receive no financial benefits from the sale, and the alderman recuses himself from any action before the Commission which could affect his father. The alderman should leave the room or area where the discussions and actions are taking place, and the minutes of the meeting should reflect his absence. Op. of Miss. Ethics Comm. Op. No. 94-009-E.

Purchase of land declared by a town to be surplus and ordered to be sold to the highest and best bidder cannot be made by the spouse of an alderman, even if that alderman was completely recused from the deliberations and voting regarding the land. An alderman would have an interest in a purchase by his or her spouse, in violation of Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 94-045-E.

A town may simultaneously employ two spouses if neither is an alderman or mayor, or relative thereto, neither spouse has supervisory power over the other, and employment rests with the mayor or board of aldermen without authorizing action by either spouse. Op. of Miss. Ethics Comm. Op. No. 94-053-E.

The spouse of a city’s mayor may not be employed by the city’s tourism commission without violation of ethics laws, as the mayor has an interest in his spouse’s salary and that salary is authorized by the mayor and city council through approval of the city budget. Op. of Miss. Ethics Comm. Op. No. 94-106-E.

An alderman, councilman, and/or selectman may not serve in his or her elected capacity while a spouse is employed by the same municipality. Op. of Miss. Ethics Comm. Op. No. 95-002-E.

A municipality operating under a code charter form of government may not contract with a printing company owned by the spouse of the municipality’s city clerk if the city clerk has any control, direct or indirect, in the municipality’s purchasing process. Op. of Miss. Ethics Comm. Op. No. 95-009-E.

A county industrial development authority may purchase from the son of one of its board members the right-of-way for an access road to an industrial development site to be deeded to a municipality for designation as a public road, provided the son is entirely financially independent from his father and has no financial relationships existing with the father including any joint business interests. Op. of Miss. Ethics Comm. Op. No. 95-015-E.

The spouse of a county election commissioner may become a candidate for county supervisor for the same district in which the election commissioner/spouse was elected, and if elected, serve in the office of county supervisor. Op. of Miss. Ethics Comm. Op. No. 95-041-E.

A municipality may employ the son-in-law of the mayor as a police officer, provided both the daughter and the son-in-law of the mayor are financially independent and free from the control of the father/mayor. Op. of Miss. Ethics Comm. Op. No. 95-043-E.

A legislator’s spouse may not sell office machinery to state agencies located within a specified territory assigned to the spouse by his or her employer. Op. of Miss. Ethics Comm. Op. No. 95-052-E.

It is a violation of Constitutional Section 109 and 25-4-105(2) for the spouse, parent or child of a county supervisor to be employed by an authority of the county government. Op. of Miss. Ethics Comm. Op. No. 95-057-E.

It is a violation of Section 25-4-105(3)(b) for an economic development authority to sell property to the spouse of its assistant director. Op. of Miss. Ethics Comm. Op. No. 95-060-E.

An alderman may vote to approve and pay the municipality’s docket of claims when it includes invoices from a hardware store owned by the alderman’s brother. This situation does not violate the conflict of interest laws as a brother is not included in the definition of “relative” set forth in Code Section 25-4-103(q). However, the alderman should recuse himself in order to avoid the appearance of impropriety under Code Section 25-4-101 and avoid using his official position to obtain pecuniary benefit under Code Section 25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 95-071-E.

An appointee serving on a state commission that appropriates funds to a local entity on which the appointee’s spouse serves as director which directly or indirectly increases the spouse’s compensation violates Constitutional Section 109 and Code Section 25-4-105(2). Penalties imposed by Code Sections 25-4-109, 25-4-111 and 25-4-113 are also discussed. Op. of Miss. Ethics Comm. Op. No. 95-083-E.

The spouse of a mayor may be employed by the municipality’s housing authority without violating Constitutional Section 109 and Code Section 25-4-105(2) as the housing authority is a separate governmental authority from the mayor and board of aldermen. Op. of Miss. Ethics Comm. Op. No. 95-093-E.

A husband and wife, who are both teachers, may sell educational video materials to school districts other than to their school district employers. It is a violation of Section 25-4-105(3)(a) for them to sell to their school district employers. Op. of Miss. Ethics Comm. Op. No. 95-100-E.

An alderman’s parent may be a contractor under a home renovation grant funded by federal funds when the alderman’s municipality received the grant if the alderman and parent are financially independent. However, the alderman was cautioned regarding Sections 25-4-101 and 25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 95-107-E.

The spouse of a municipal law enforcement officer can write bail bonds in the officer’s municipality as a bail bond agent for a company in which the spouse it not an owner or officer. The spouse can not write bail bonds in the officer’s municipality if the officer or the spouse own the bail bond company. Op. of Miss. Ethics Comm. Op. No. 95-144-E.

A county coroner may contract with the coroner’s father-in-law to transport bodies. Op. of Miss. Ethics Comm. Op. No. 95-150-E.

A municipality may employ the daughter-in-law of the mayor if the mayor and the son and daughter-in-law are financially independent from the mayor and the mayor properly recuses himself. Op. of Miss. Ethics Comm. Op. No. 95-154-E.

A county may not purchase parts from an equipment company employing the spouse of the county purchase clerk since to do so would violate §25-4-105(1) and/or (3)(a). Op. of Miss. Ethics Comm. Op. No. 96-010-E.

A county may not purchase parts from an equipment company employing the spouse of the county purchase clerk since to do so would violate §25-4-105(1) and/or (3)(a). Op. of Miss. Ethics Comm. Op. No. 96-015-E.

A county may purchase supplies and commodities from a company owned by a county supervisor’s brother. However, the county was cautioned regarding §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-018-E.

A county may employ the son of a county supervisor as a road department employee if the county is operating under a county-wide system of road administration and the son is totally and completely financially independent from the supervisor. However, the county was cautioned regarding §25-4-101 and §25-4-105(1) and (5). Op. of Miss. Ethics Comm. Op. No. 96-047-E.

Constitutional Section 109 and §25-4-105(2) and (3)(a) prohibit a school district’s re-employment of the school board member’s spouse during his term, and for one (1) year thereafter. Op. of Miss. Ethics Comm. Op. No. 96-075-E.

A school board may employ the sons of one of its members as an architect and as an attorney if they are financially independent from the father. However, the board was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-081-E.

Constitutional Section 109 and §25-4-105(2) prohibit a municipal park and recreation commission from contracting with or employing its members, its members’ spouses and its members’ financially dependent children or parents. The commission was also cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-095-E.

Section25-4-105(1) and (5) prohibits a university employee who is the principal investigator on a research project from using his public position or using nonpublic information gained through his public position to assist his spouse’s employment as the research associate for the research project. The employee was also cautioned regarding §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-102-E.

Section25-4-105(1) prohibits the chair of a university department from using his public position to obtain a graduate assistantship for his son within his department. The chairperson was also cautioned regarding §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-104-E.

Constitutional Section 109 and §25-4-105(2) cause a county supervisor to have a prohibited interest in his future spouse’s employment contract with the county once they are married, after the board of supervisor’s approval of the subsequent budget. Op. of Miss. Ethics Comm. Op. No. 97-016-E.

Section 25-4-105(3)(a) prohibits a county tax assessor/collector from having a material financial interest in a bank serving as the county’s depository, as the county tax assessor/collector exercises indirect control over the county’s contracts with its depositories. A county tax assessor/collector has a material financial interest in a county depository when the county tax assessor/collector’s spouse is a compensated officer and director for the county depository. Op. of Miss. Ethics Comm. Op. No. 97-114-E.

Constitutional Section 109 and §25-4-105(2) would prohibit the city’s employment of the mayor’s son-in-law if the mayor was directly or indirectly interested in the son-in-law’s employment. In order for the mayor to not be interested in the son-in-law’s employment with the city, the mayor must be totally and completely financially independent from his son-in-law and daughter. Section25-4-101 and §25-4-105(1) require that the mayor totally and completely recuse himself from the action employing or any future actions compensating or providing other pecuniary benefits to his financially independent son-in-law. Op. of Miss. Ethics Comm. Op. No. 97-124-E.

The spouse of a division director of a state department may not sell educational products to local school districts when the state department accepts the bids, awards the contracts and provides the funding for the educational products. Op. of Miss. Ethics. Comm. Op. No. 97-162-E.

A municipality may contract with an office supply store owned by the spouse of one of the municipality’s utilities clerks where the clerk exercises no control, direct or indirect, over the contract between the spouse and the municipality. Op. of Miss. Ethics Comm. Op. No. 98-029-E.

It is not a violation of the state conflict of interest laws for a mayor’s spouse to be employed by the municipality’s housing authority, as long as the housing authority receives no funding of any kind or no additional bond issuing authority from the mayor and aldermen; however, a mayor, whose spouse is an employee of the municipality’s housing authority, should totally and completely recuse himself or herself from matters involving the appointment of housing authority members. Op. of Miss. Ethics Comm. Op. No. 98-035-E.

A county may simultaneously employ both spouses where neither spouse is in a position to authorize the other’s employment with the county. Op. of Miss. Ethics Comm. Op. No. 98-038-E.

A company employing the spouse of one of the county’s employees is prohibited from being a contractor, subcontractor or vendor with the county if the county employee’s spouse has a material financial interest in the company, unless the county employee exercises no control, direct or indirect, over the contract between the public servant’s spouse’s company and the public servant’s governmental entity. Op. of Miss. Ethics Comm. Op. No. 98-039-E.

A city cannot employ an alderman’s stepdaughter if the alderman is directly or indirectly interested in the stepdaughter’s employment contract; in order for the alderman to avoid a violation, the alderman’s stepdaughter must be totally and completely financially independent from the alderman and the alderman must have no interest, direct or indirect, in the stepdaughter’s employment contract with the city; further, the alderman may not participate in employment matters concerning his stepdaughter, as well as matters concerning pay raises or the increasing of other benefits that would benefit the alderman’s stepdaughter. Op. of Miss. Ethics. Comm. Op. No. 00-021-E.

A city’s employment of an alderman’s son-in-law is prohibited if the alderman is directly or indirectly interested in the son-in-law’s employment; in order for an alderman to be uninterested in the son-in-law’s employment with the city, the alderman must be totally and completely financially independent from his son-in-law and daughter. Op. of Miss. Ethics. Comm. Op. No. 00-077-E.

A city’s employment of one of its alderman’s spouses during the alderman’s term and for one year thereafter is prohibited; thus, where a police officer’s spouse is elected to the board of aldermen, the police officer must resign prior to the newly elected board of aldermen rehiring the city’s employees and/or the employees being compensated through a budget having been approved by the newly elected board of aldermen. Op. of Miss. Ethics. Comm. Op. No. 00-078-E.

A city could purchase a historical property from the estate of the mother of an alderman’s former spouse where the alderman’s adult child was an heir of the estate and would share in the proceeds from the sale of the historical property if the alderman’s child was totally and completely financially independent from the alderman and the alderman had no interest, direct or indirect, in the purchase contract. Op. of Miss. Ethics. Comm. Op. No. 01-013-E.

A city was prohibited from authorizing a contract with a bank to serve as its depository, or for other purposes, while an alderman serving the city had a spouse that the bank employed, and the prohibition would apply during the alderman’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-016-E.

The spouse of a newly elected mayor cannot continue to contract with the city if the spouse’s contract is authorized by the city’s newly elected governing authority or if the funding to pay for the spouse’s contract is approved by the city’s newly elected governing authority. Op. of Miss. Ethics. Comm. Op. No. 01-039-E.

A town board is prohibited from reappointing/or reemploying a new mayor’s child as city clerk if the mayor will have an interest, direct or indirect, in the child’s employment contract with the town; in order for the mayor to avoid a violation of the section 109, the mayor must be totally and completely financially independent from his child and have no interest, direct or indirect, in the child’s employment contract with the town. Op. of Miss. Ethics. Comm. Op. No. 01-073-E.

A city is prohibited from contracting with an alderman’s son-in-law’s business if the alderman is directly or indirectly interested in the son-in-law’s business contracts; in order for the alderman to avoid a violation of the section, the alderman must be totally and completely financially independent from his son-in-law and daughter and have no interest, direct or indirect, in the son-in-law’s business’ contracts with the city. Op. of Miss. Ethics. Comm. Op. No. 01-079-E.

The spouse of an alderman was prohibited from being a developer in a housing development project for which the town was the governmental entity that procured the federal grants and loan funds and in which the town acted as mortgagor, and this prohibition applied during the alderman’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-081-E.

An alderman’s father can work for the city on a part-time basis if the alderman’s father is totally and completely financially independent from the alderman and the alderman has no interest, direct or indirect, in the father’s employment contract with the municipality. Op. of Miss. Ethics. Comm. Op. No. 01-095-E.

A board of aldermen can accept a bid to purchase a backhoe from a company that employs the brother of one of the aldermen as a brother is not a “relative” for purposes of the statute. Op. of Miss. Ethics. Comm. Op. No. 01-104-E.

An alderman could not vote on an amendment to the city’s beer ordinance that would allow restaurants to have extended hours of operation past what was currently allowed by the existing beer ordinance where the alderman’s son-in-law was a part owner of a restaurant in the city licensed to sell beer on-premises; the alderman was required to totally and completely recuse himself from all matters before the city’s governing board concerning the amendment to the beer ordinance. Op. of Miss. Ethics. Comm. Op. No. 01-115-E.

A city may not authorize a contract with a bank to serve as its depository, or for other purposes, when the mayor serving the city has a spouse that the bank employs; and this prohibition applies during the mayor’s term and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-129-E.

An individual may not remain town attorney after marrying one of the town alderman, even of the individual volunteers his services and receives no compensation. Op. of Miss. Ethics. Comm. Op. No. 02-020-E.

An alderman may not in any way be involved in the board of aldermen’s decision to employ his daughter as a city prosecutor should it be determined that his daughter is financially independent from him and that the alderman is not interested, directly or indirectly, in his daughter’s employment contract with the city; in addition, the alderman may not be involved in any decisions of the board of aldermen concerning pay raises or the increasing of other benefits that would benefit his daughter should she be employed by the city. Op. of Miss. Ethics Comm. Op. No. 02-081-E.

A city is prohibited from purchasing insurance from an insurance company in which an alderman and/or his spouse serve as officers and which leases office space from an alderman, until one year after the alderman leaves office. Op. of Miss. Ethics Comm. Op. No. 02-099-E.

11. Public agency or commission.

State agency’s having its vehicles repaired at dealership of one of its commissioners would be violation of section. Commissioner as owner of dealership has material financial interest in company which constitutes interest in any contract between his company and board of which he is member. Also, if commissioner participated in any positive manner in any board action allowing commission to do business with his company, such participation would constitute violation of section. Op. of Miss. Ethics Comm. Op. No. 89-44-E.

Executive director of state entity may simultaneously own business which sells public information produced by state where such venture will be on subject’s personal time, no public facility or equipment or supplies would be used, and information is “public” in nature; advertising via television, radio, newspaper, or direct mail which reaches public employees or officials would not cause confrontation with ethics laws where any contract involved would not be contract with government entity but with private entity. However, to avoid appearance of impropriety, subject’s public position and/or employer should not appear in conjunction with private business in any way and subject is reminded that he cannot use public employees or resources on behalf of private company. Op. of Miss. Ethics Comm. Op. No. 89-48-E.

Member of state commission may not participate through his corporation in sponsorship of improvements on state property in return for exclusive signage (publicity); thus where stadium is considering refurbishing existing scoreboard and adding color matrix system and would solicit corporate sponsorship to offset cost, each sponsor receiving privilege panel which would bear its name and logo, provision would be violated if local financial institution, in which commission member was officer, became one of such sponsors. Recusal by board member/corporate officer would be effective bar to application of subsection (1) but not as to subsections (2) or (3)(a) or § 109 of Constitution. Op. of Miss. Ethics Comm. Op. No. 89-67-E.

Insufficient information is provided to determine whether conflict of interest violation would exist where corporation, of which commission member is officer, would agree to place mobile automated machine on property of public stadium during football games. Op. of Miss. Ethics Comm. Op. No. 89-67-E.

Expanded board of newly renamed and modified statutory “governmental entity” may not offer executive position of employment to former board member less than one year after that member’s resignation. Where prohibition is from accepting executive position with board “of which [person] was a member”, governmental entity in question was same one of which subject was previously member, merely expanded and continued in slightly different form with four additional members. Op. of Miss. Ethics Comm. Op. No. 89-141-E.

Where corporation’s president is member of board of directors of a state board, corporation is prohibited from selling materials to that state board; however, it is not prohibited from selling materials to other department of the state. Caution should be exercised by the state board member so that none of his actions as board member serves as a predicate to or trigger of purchases by other state agencies from board member’s private corporation. Op. of Miss. Ethics Comm. Op. No. 90-092-E.

State public servant is prohibited from serving as administrator of a grant received by a county from state department of which public servant is member. Violation is present and continues even though contract predates employment by the state of the person involved. Op. of Miss. Ethics Comm. Op. No. 90-117-E.

Doctor who is National Health Service obligee employed by the Department of State of Mississippi who provides hospital care after normal working hours and on weekends and is reimbursed by Medicaid for such services for patients who are covered, and is willing to perform same services after hours and on weekends for non-Medicaid eligible patients, to be compensated by state, where there be no other doctors in area readily available to provide such service to such patients, may continue in such contractual arrangement, as long as his services are reasonably available from 2 or fewer commercial sources and provided that such transactions otherwise comply with public purchase laws. However caution is urged, for should doctor’s after hours contractual obligations actually occur during or carry over into time in which he performs regular responsibilities, such would constitute prohibited use of his official position to obtain pecuniary benefit other than that compensation which is provided by law. Also, doctor is prohibited from recommending the services he would perform after hours to patients while on public duty and subsequently performing such service as private doctor. Op. of Miss. Ethics Comm. Op. No. 90-126-E.

City’s convention commission and city itself are barred from purchasing or receiving land as donation from partnership, a substantial financial and operating interest of which is possessed by former chairperson of convention commission, within one year after his resignation. Op. of Miss. Ethics Comm. Op. No. 92-149-E.

Where city’s Convention Commission acquires land from partnership in which one of its former members has financial interest, violation occurs; although Commission may discuss and decide upon one or more sites in order of preference based on demographic merits and economic factors, nevertheless, if Commission’s decision is that its first preference is property in which former member holds interest, Commission may not decide that if property is still available at end of one year from former member’s resignation Commission would then seek to acquire property. Contract in such case would be authorized during one year period, and simply delaying its execution does not preclude application of prohibition. Furthermore, violation would occur even if partnership was willing to donate land, if partnership also owned land surrounding the land which would be donated, as surrounding land would very likely increase in value and thereby benefit former member who holds interest in it. Op. of Miss. Ethics Comm. Op. No. 92-166-E.

Law does not prohibit company from contracting with state commission where spouse of part owner of company is also employee of commission, but who exercises no control over contracts. Application of ethics code provisions rest upon determination of fact in each case; generally, as long as employee exercises no control over contracts, does not approve contracts, does not attempt to influence such decisions, and does not intentionally use or disclose non-public information as regards spouse’s business, code sections would not be violated. Op. of Miss. Ethics Comm. Op. No. 92-182-E.

Where executive employee of state regulatory commission sought to resign state employment and become employed either by corporation or by one of its subsidiaries, one of which possessed license issued by commission and another which had no contact with employees of commission but expected to be considered for future license, no violation would occur simply by subject’s becoming employed by one of the corporations; same would be the same where subject accepted employment with another subsidiary which conducts gaming activities within the state, or with another entity which plans to conduct gaming activities within the state but which has not yet been issued a license and which had no contact with any employee of commission, as long as former employee does not divulge confidential information. Op. of Miss. Ethics Comm. Op. No. 92-237-E.

Ethics laws do not prohibit city councilman from simultaneously being employee of state commission. Op. of Miss. Ethics Comm. Op. No. 93-022-E.

Law bars member of official state board from being compensated by company which enters into contract with board. Consequently member of board who has promoted eggs and other farm products as home economist and private contractor for number of years, may not engage in radio, television, or other media promotions where board of which she is member has entered into a contractual relationship with private company to produce and broadcast advertisement promoting eggs, where company would like to utilize aforementioned member in such advertisements, for compensation, and where agreement leads production questions including casting to discretion of the advertising company. Op. of Miss. Ethics Comm. Op. No. 93-104-E.

Law does not per se prohibit company owned by member of a state commission from becoming contractor, subcontractor, or vendor to private corporation which is licensed to commission, because license is not a contract; however, commission member must avoid using his position for pecuniary benefit and should recuse self from any commission action directly affecting any private corporation with which his company has been doing or reasonably expects to do business as contractor, subcontractor, or vendor with any entity licensed by commission. Commission member is also precluded from using or disclosing any information he obtains as result of his position to benefit himself or anyone else, if information has not been communicated to public or is not public information. In all Commission has grave concern as to appearance of impropriety that would arise from described arrangement. Op. of Miss. Ethics Comm. Op. No. 93-183-E.

Members of a local tourism commission, concurrently associated with two not-for-profit entities which receive grants from the tourism commission, are in violation of the conflict of interest provisions under Section 25-4-105(1) and (2), since both members have either fiduciary and/or pecuniary interests in their not-for-profit entities. To avoid a conflict of interest, the members could be designated as advisory board members without voting power. Op. of Miss. Ethics Comm. Op. No. 94-026-E.

Users of utility services are not prohibited by ethics laws from becoming members of the public boards and commissions governing those services, as long as the service is mandated by the state. Recusal should occur when a utility district is dealing with measures authorizing a contract with that member. Op. of Miss. Ethics Comm. Op. No. 94-033-E.

If it is determined by the Attorney General that a state commission’s executive director and its staff may use a vehicle provided by a private association, the use must be exclusively for official business of the state. Personal use would be a pecuniary benefit to that individual and a violation of Section 25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 94-044-E.

Members of a state education council, appointed to advise the state department as to education technology, may also be members of an industry hoping to contract with the state without violating ethics laws, as the council is advisory only, and has no rule-making authority. Op. of Miss. Ethics Comm. Op. No. 94-085-E.

A former associate manager of a state agency whose primary duty was to manage grant applications from local governments and to monitor grantees may become a consultant to local governments providing assistance in making new applications for grants to his or her former state agency employer, provided the former associate manager limits his or her consultant work to grant applications and/or grants that originate after his or her termination with the state agency. Op. of Miss. Ethics Comm. Op. No. 95-045-E.

It is not a violation of the conflict of interest laws for a state employee to have a part-time job, but where the part-time job is with an association regulated by the state agency there are many potential conflicts of interest and an appearance of impropriety under Section 25-4-101. Op. of Miss. Ethics Comm. Op. No. 95-063-E.

It is a violation of Constitutional Section 109 and/or Code Section 25-4-105(2) if board members of a state commission and a state stewardship coordinating committee administer a federal incentive program including the establishment of cost-share rates to be paid for implementing the practices by landowners to prepare plans to accomplish the practices which results in the board members being paid by the landowners under the federal incentive program at the cost-share rate they set as board members of the state commission and/or the state stewardship coordinating committee. Recusal and caution as to Sections 25-4-105(1) and 25-4-101 were recommended. Op. of Miss. Ethics Comm. Op. No. 95-066-E.

A former staff attorney for a state agency may contract with a company which he was involved with on behalf of the state in a permit process against that company if the contract with the company is unrelated to the permit process. Op. of Miss. Ethics Comm. Op. No. 95-090-E.

Former employees of a state agency may become consulting firm employees even though the consulting firm employs them to work on contracts with their former state agency employer as long as they do not work on projects they were directly concerned with during their public employment in violation of Section 25-4-105(3)(e). Op. of Miss. Ethics Comm. Op. No. 95-118-E.

An employee of a nonprofit consortium contracting with a state agency to implement a statewide computerized system is not a public servant under the conflict of interest laws when the nonprofit consortium was not given the authority to act for or in the place of the state agency. Op. of Miss. Ethics Comm. Op. No. 96-038-E.

A university employee may serve on a state commission which is awarding grants to a research facility that is providing administrative services by the university. However, the employee was cautioned regarding Constitutional Section 109, §25-4-105(2) and (5) and §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-072-E.

The president of a nonprofit corporation may serve on a state commission that provides funding to the nonprofit corporation when the nonprofit corporation’s purpose is quasi-governmental in nature. However, the president was cautioned regarding Constitutional Section 109 and §25-4-105(2) and (3)(a). Op. of Miss. Ethics Comm. Op. No. 96-078-E.

Section 25-4-105(3)(a) prohibits a university from contracting with a lumber company when a university employee owns approximately 15% of the lumber company’s stock. Op. of Miss. Ethics Comm. Op. No. 96-101-E.

Section25-4-105(1) and (3)(a) and §25-4-101 prohibit a division director of a state agency from performing marketing work for a computer software company that does business with the state and the division director’s state agency. Op. of Miss. Ethics Comm. Op. No. 97-079-E.

Section 25-4-105(3)(a) prohibits a state agency’s division from providing loans and grants to a nonprofit entity of which a member of the state agency’s advisory board is a director if the advisory board member has a material financial interest in the nonprofit corporation. Op. of Miss. Ethics Comm. Op. No. 97-088-E.

Section 25-4-105(3)(e) does not prohibit a former state employee from being compensated for providing services to a business that contracted with the former state employee’s agency, unless the compensation for performing services is related to “any case, decision, proceeding or application” with respect to which the former state employee was directly concerned or in which he personally participated. Op. of Miss. Ethics Comm. Op. No. 97-107-E.

Constitutional Section 109 and §25-4-105(2) prohibit a state task force board member or the member’s business from contracting to provide services that are to be paid for from grants or other funds provided to the task force. Section25-4-105(3)(a) prohibits a state task force board member or the member’s business from being a contractor, subcontractor or vendor with the state unless the exception in §25-4-105(4)(b) is applicable. Op. of Miss. Ethics Comm. Op. No. 97-119-E.

A company may not lease an airport facility from a city when a major stockholder in the company is a member of the city’s airport commission and acts in an advisory capacity to the city council. Op. of Miss. Ethics Comm. Op. No. 98-010-E.

An individual may not continue to be employed by a company that sells to Mississippi state agencies if he is elected to the position of Secretary of State, even if he is personally involved only with the company’s sales in other states, since he would still have a material interest in the company. Op. of Miss. Ethics Comm. Op. No. 98-026-E.

A board member appointed to a city board, commission or authority may resign his or her public position and immediately contract with the city’s governing authority. Op. of Miss. Ethics Comm. Op. No. 98-051-E.

An employee of a state agency is prohibited from purchasing surplus property of his or her state agency employer at an auction, even if the state agency employee is the high bidder and the check is made payable to the auctioneer. Op. of Miss. Ethics Comm. Op. No. 98-057-E.

A former member of a state board may be employed by a state commission within one year of the former member’s term ending where the state commission and the state board are separate state agencies and, therefore, the former member is not being employed by the governmental body that he served as a board member. Op. of Miss. Ethics Comm. Op. No. 98-062-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section prohibit a park commission member from accepting subcontractor employment with a county construction project if the county park commission was part of the authorization process for the county construction contract. Op. of Miss. Ethics Comm. Op. No. 98-071-E.

An individual who is a public servant of a state agency through an appointment to a trust fund advisory council may not enter into a personal service contract with a nonprofit corporation when the nonprofit corporation contracts with the state agency and if the public servant receives more than $5,000 per year from the nonprofit corporation. Op. of Miss. Ethics Comm. Op. No. 98-083-E.

A county officer or employee may simultaneously serve as an employee of the county E-911 commission without violating subsection (3)(a), and in like manner, a county E-911 commissioner may simultaneously serve as a county employee without violating subsection (3)(a); there is no violation because a county E-911 commission is a separate authority of the county from the county board of supervisors for purposes of the conflict of interest laws. Op. of Miss. Ethics Comm. Op. No. 98-124-E.

An architect and former city planning commissioner may not, within one year after his term, contract with the city to design a building for the city electric department when the proposed site to be used will require a zoning change, thereby requiring the city planning commission to grant a special exception. Op. of Miss. Ethics Comm. Op. No. 98-125-E.

A former city planning commissioner is prohibited from being compensated by an apartment developer to provide architectural services for an apartment development that will be located on a parcel of land that was rezoned by the city planning commission where the former commissioner personally participated in the commission’s decision to recommend the approval of the developer’s application. Op. of Miss. Ethics Comm. Op. No. 98-126-E.

A former city planning commissioner is prohibited from being compensated by a shopping center developer to provide architectural services for a shopping center development that will be located on a parcel of land that was rezoned by the city planning commission where the former commissioner personally participated in the commission’s decision to recommend the approval of the developer’s application. Op. of Miss. Ethics Comm. Op. No. 98-127-E.

An employee of a state agency may provide direction and consultation for a private company relative to the terms of a contract between the private company and another state agency only if the company’s primary contract was let to it as the lowest and best bidder after competitive bidding or the company’s services are reasonably available from two or fewer commercial sources, provided such transactions comply with the public purchases laws. Op. of Miss. Ethics Comm. Op. No. 98-129-E.

It is not a violation of Article IV, Section 109 of the Constitution or subsection (2) of this section for a city to enter into a contract for architectural services with a former member of the city’s planning commission when the city’s planning commission did not take any action prior to the former commissioner’s resignation, and will not take any action within one year of the former commissioner’s resignation in regard to the site of the proposed architectural project; however, if there is an action by the city’s planning commission prior to the former commissioner’s resignation or within one year of the former commissioner’s resignation, then there would be a violation. Op. of Miss. Ethics Comm. Op. No. 98-135-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section will prohibit a former planning commissioner’s architectural services contract with a city when the contract or the continuing of the contract ultimately depends on an action by the city planning commission to approve a special exception for the proposed site; this prohibition will remain in effect until one year after the former planning commissioner’s resignation. Op. of Miss. Ethics Comm. Op. No. 98-135-E.

The state conflict of interest laws do not prohibit an executive director of a state agency from attending night and/or weekend real estate classes in an effort to obtain a realtor’s license, from entering into consulting contracts with firms, institutions, associations, organizations and individuals, or from working in the real estate business; however, an executive director of a state agency will be prohibited from being a consultant or a real estate agent/broker by way of a contract with the state, and any business in which the executive director has a material financial interest by way of payments to him for his consulting or real estate work, will be prohibited from being a contractor, a subcontractor or a vendor with the state. Op. of Miss. Ethics Comm. Op. No. 99-042-E.

A city utilities commission may not use a local automobile dealership for warranty repair and service work on a certain manufacturer’s vehicles it owns when the dealership has recently acquired that certain manufacturer’s agency and when the dealership is owned by the chairman of the city utilities commission. Op. of Miss. Ethics Comm. Op. No. 99-052-E.

A community mental health agency’s director is prohibited from authorizing the employment of the father of an employee of the agency to do work for the agency on a contractual basis when the employee of the agency is the person responsible for hiring his or her father to perform the contractual work. Op. of Miss. Ethics Comm. Op. No. 99-054-E.

It is not as such a violation of the state conflict of interest laws for a real estate appraiser who is a member of the city planning and zoning commission to oppose a landscape ordinance that financially affects commercial property developers when the appraiser once was the agent for one of the developers. Op. of Miss. Ethics Comm. Op. No. 99-064-E.

A city planning and zoning commission member may not perform appraisals for the city and be compensated by the city for said appraisals. Op. of Miss. Ethics Comm. Op. No. 99-064-E.

The state conflict of interest laws do not as such prohibit a builder, an insurance agent and an architect from serving on the city planning and zoning commission. Op. of Miss. Ethics Comm. Op. No. 99-064-E.

It is not as such a violation of the state conflict of interest laws for a waterway district to employ the granddaughter of a member of the waterway district’s board of directors. Op. of Miss. Ethics Comm. Op. No. 99-077-E.

Neither a member of a city planning board nor the member’s spouse may contract with the city. Op. of Miss. Ethics Comm. Op. No. 99-0-81E.

A real estate appraisal company, whose owner serves as a member of the urban renewal agency established by the city, may contract with the city’s governing authority only where the contract is let to the lowest and best bidder after competitive bidding, and three or more legitimate bids are received, or where the goods or services involved are reasonably available from two or fewer commercial sources, provided such transactions comply with the public purchases laws. Op. of Miss. Ethics Comm. Op. No. 99-091-E.

An employee of the Yazoo-Mississippi Delta Levee District may simultaneously serve as a commissioner and member of the Board of Commissioners of the Yazoo Mississippi Delta Joint Water Management District. Op. of Miss. Ethics Comm. Op. No. 99-094-E.

A state agency could contract with a company where the president of the company was the spouse of an employee of the state agency as the state agency employee was not in an employment position that allowed her to exercise control, direct or indirect, over the contract between her spouse’s company and the state agency and also had no personal or pecuniary interest in the company except through her spouse’s personal and pecuniary interest; however, the state agency would be required to establish rules and procedures to prevent the employee from discussing her spouse’s company’s bid, and, if applicable later, her spouse’s company’s contract with state agency staff or any other person including casual comments, as well as detailed discussions, made in person, by telephone or by any other means. Op. of Miss. Ethics. Comm. Op. No. 99-E.

It was not as such a violation of the state conflict of interest laws for the executive director of a state agency that had as its primary responsibility the state’s finances, whose resignation would be effective December 31, 1999, to accept employment with a private financial advisory company effective January 1, 2000, when the private financial advisory company would be contracting with the Public Corporation beginning on January 1, 2000. Op. of Miss. Ethics. Comm. Op. No. 99-108-E.

An employee of a state agency may not purchase items at an auction being held to sell items belonging to either that state agency or any other state agency. Op. of Miss. Ethics. Comm. Op. No. 99-109-E.

A city may not enter into a contract with an employee of the city to operate the city animal shelter. Op. of Miss. Ethics. Comm. Op. No. 99-117-E.

State board members are prohibited from using their official positions to overturn a decision of a state department allowing the establishment of new rehabilitation services at a petitioning facility when such action will provide a pecuniary benefit to a facilities with which the state board members are associated. Op. of Miss. Ethics. Comm. Op. No. 99-121-E.

State board members are prohibited from using their official positions to alter current state board regulations and policies as they apply to an industry as a whole when the action will provide a pecuniary benefit to facilities with which the state board members are associated. Op. of Miss. Ethics. Comm. Op. No. 99-121-E.

Although every circumstance cannot be anticipated, generally the members of a state board may participate and vote on matters which equally affect, both theoretically and practically, all facilities within an industry as a whole and which do not create or perpetuate specific advantage or disadvantage, i. e. a pecuniary benefit, for facilities with which the board members are associated. Op. of Miss. Ethics. Comm. Op. No. 99-121-E.

A former public service commissioner is prohibited from being selected as an arbitrator by the Public Service Commission within one year of the end of his term of office. Op. of Miss. Ethics. Comm. Op. No. 99-122-E.

A former public service commissioner is prohibited from serving as an arbitrator selected by the Public Service Commission when the arbitration concerns any case, decision, proceeding, or application with respect to which the former public service commissioner was directly concerned or in which he personally participated during his service as a public service commissioner. Op. of Miss. Ethics. Comm. Op. No. 99-122-E.

Although an employee of a planning and development district is not as such prohibited from serving as a member of the board of trustees of a community college, a violation of the conflict of interest laws could arise in the event of the existence of contracts between the two entities in which the public servant would have a private pecuniary interest or an inherent interest. Op. of Miss. Ethics. Comm. Op. No. 99-124-E.

Simultaneous service as a senior planner for a regional planning commission that served as the metropolitan planning commission for the region within which a city was located and on the city’s planning commission could cause a violation of the conflict of interest laws in the event of the existence of contracts between the regional planning commission and the city, if the planner had an inherent interest and/or a private pecuniary benefit in such contracts, and a recusal or an abstention would not prevent such a violation. Op. of Miss. Ethics. Comm. Op. No. 99-E.

An individual who was a 20 percent minority shareholder and an officer of a company could not serve as a member of a board of levee commissioners where the company maintained an existing lease with the board of levee commissioners. Op. of Miss. Ethics. Comm. Op. No. 00-003-E.

A member of an economic development district was prohibited from accepting employment with a limited partnership during his term and for one year thereafter where the economic development district and the limited partnership had entered into contracts during his term. Op. of Miss. Ethics. Comm. Op. No. 00-004-E.

A state department employee can serve as a corporate officer or member of the board of directors of a nonprofit corporation whose purpose is to promote cooperation between public and private entities regarding the area of responsibility under the jurisdiction of the state department, but is prohibited from using his official position as an employee of the state department to assist the nonprofit corporation in obtain any funding, or other pecuniary benefits, for as long as he remains an officer or a director of the nonprofit corporation. Op. of Miss. Ethics. Comm. Op. No. 00-007-E.

A former executive director of a state department can be employed by a marketing company where the marketing company has contracts with the state department in the form of master lease purchasing agreements for the acquisition of equipment and agreements for the acquisition of real properties that were approved by a state commission and executed by the former executive director; however, he is prohibited from being compensated for employment and/or other services provided to the marketing company that are related to the master lease purchase agreements and the negotiated agreements for real property acquisitions that the former executive director executed while serving as the executive director of the department. Op. of Miss. Ethics. Comm. Op. No. 00-014-E.

It is not as such a violation of the state conflict of interest laws for one spouse to be employed by the Mississippi Department of Human Services as volunteer coordinator/intake officer for the county youth court and the other spouse be employed by the county as victim/witness coordinator for the county youth court; however, each spouse would be required to totally and completely recuse himself or herself from subject matters involving the pecuniary interest of the other. Op. of Miss. Ethics. Comm. Op. No. 00-024-E.

An individual could not accept the position of deputy administrator with the state department when the division to be under the individual’s supervision directly contracted with and/or funded other state department divisions’ contracts with a nonprofit organization whose executive director was the individual’s spouse as the individual as the deputy administrator would have direct control over the nonprofit organization’s contracts with the division and indirect control over the contracts with other divisions by way of the funding coming from the division the deputy administrator would directly supervise. Op. of Miss. Ethics. Comm. Op. No. 00-026-E.

The state conflict of interest laws do not prohibit an individual from simultaneously serving on the State Board of Pharmacy and being employed by the State Department of Mental Health at the State Hospital; however, such individual would be prohibited from taking part in any matter, including licensing matters, that came before the State Board of Pharmacy that concerned, directly or indirectly, the State Department of Mental Health and/or the State Hospital or the Department’s and/or Hospital’s employees. Op. of Miss. Ethics. Comm. Op. No. 00-032-E.

An independent contractor with the Yazoo-Mississippi Delta Levee District can simultaneously serve as a member of the Board of Commissioners of the Yazoo Mississippi Delta Joint Water Management District, unless the board of the Yazoo Mississippi Delta Joint Water Management District in any way authorizes the board member’s contract with the Yazoo-Mississippi Delta Levee District during the board member’s term or within one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 00-035-E.

The state conflict of interest laws will not require an individual to resign as the city’s street superintendent should he or she qualify as a candidate for the office of mayor with the city; however, the individual would not be permitted to campaign, directly or indirectly, during the hours he was being compensated by the city as its street commissioner and would not be permitted to use his employment position with the city, the city’s equipment, or any other city resources to benefit his campaign for mayor. Op. of Miss. Ethics. Comm. Op. No. 00-038-E.

The executive director of a nonprofit corporation could not continue to serve on the county human resource agency’s board when the county human resource agency has been awarded a HUD grant that required several local agencies to agree to partner with the county human resource agency, including the nonprofit corporation, if the grant and/or additional support agreement were authorized by the county human resource agency board during the executive director’s term. Op. of Miss. Ethics. Comm. Op. No. 00-040-E.

The child of a county road manager is prohibited from being employed in the county road department due to the statutorily mandated authority given the county road manager over the employment of, compensation of, and personnel decisions pertaining to the employees of the county road department. Op. of Miss. Ethics. Comm. Op. No. 00-046-E.

A county building and grounds supervisor is prohibited from evaluating and recommending his spouse for raises and for continued employment with the county building and grounds department. Op. of Miss. Ethics. Comm. Op. No. 00-046-E.

The statute does not prohibit one spouse from being employed as the director of civil defense by a joint city and county emergency management council and the other spouse from being employed by the county board of supervisors as manager of information services when the county’s information services department administers the county payroll including the payroll of the emergency management council signed by the spouse employed as the director of the civil defense. Op. of Miss. Ethics. Comm. Op. No. 00-055-E.

A former bureau manager for a state agency could be employed by an engineering consulting firm to be directly involved in an electrical generating facility project, even though the former bureau manager, as an employee of the state agency, introduced the electrical generating facility project’s officials to the engineering consulting firm for the purpose of assisting them with the requisite permits and certifications, as such actions could not be considered services related to a case, decision, proceeding, or application. Op. of Miss. Ethics. Comm. Op. No. 00-063-E.

An individual could not accept the position of director of the Bureau of Building, Grounds and Real Property Management when the individual was the principal in a consulting firm that had an existing contract with a state university to provide an Americans with Disability Act Compliance Implementation Plan for submission to the Office of Civil Rights and when the Bureau of Building, Grounds and Real Property Management was the division of the Department of Finance and Administration responsible for issuing the architectural/engineering contractual agreements and securing state funding for the related building construction set forth in the Compliance Implementation Plan. Op. of Miss. Ethics. Comm. Op. No. 00-076-E.

A nonemergency transportation company contracting with a state agency can operate within a region under the supervision of a coordinator with the state agency where the coordinator has direct involvement as to which nonemergency transportation company in his region will be utilized for transports, and where the company is owned by the coordinator’s father and formally employed the coordinator’s spouse; however, the coordinator would be required to totally and completely recuse himself from any decision to utilize the transportation company. Op. of Miss. Ethics. Comm. Op. No. 00-079-E.

It is not a violation of the state conflict of interest laws for a volunteer fireman to serve as a county E-911 commissioner, with the understanding that the volunteer fireman is not an officer in the volunteer fire department and the E-911 commission does not contract with the volunteer fire department; however, the volunteer fireman would be required to totally and completely recuse himself from all matters concerning the volunteer fire department that came before the E-911 commission in order to avoid violating the statute. Op. of Miss. Ethics. Comm. Op. No. 00-092-E.

A county tourism commission’s agreement to pay and its actual authorization and payment of funds to a restaurant for meals associated with tourism when the restaurant is owned by a member of the county tourism commission results in the member having a direct interest in a contract authorized by the county tourism commission in violation of the section. Op. of Miss. Ethics. Comm. Op. No. 00-102-E.

A state agency cannot contract with an employee to assist, train, and familiarize the individual chosen to fill the employee’s position upon his retirement, but can contract with the employee after he has retired. Op. of Miss. Ethics. Comm. Op. No. 00-103-E.

It is not a violation of the state conflict of interest laws for a state employee to develop, patent, and market equipment in the industry that his or her state agency regulates when the development, pursuit of the patent, and marketing are done on the state employee’s own time and the state employee does not use his or her official position with the state agency to develop and market the equipment. Op. of Miss. Ethics. Comm. Op. No. 00-111-E.

A former employee of the state department who was assigned to review grant applications for the state department cannot accept part-time employment with a private consultant to prepare and administer grant applications to be submitted for funding approval to the state department with respect to any decision or application pertaining to a grant that the former employee was directly concerned with or personally participated in as a state department employee. Op. of Miss. Ethics. Comm. Op. No. 00-115-E.

An individual employed by the Mississippi Department of Transportation can serve as a member of a county school district board of trustees; however, the individual would be required to totally and completely recuse himself from any matter coming before the county school district board of trustees concerning his state agency employer to be certain of avoiding a violation of the statute. Op. of Miss. Ethics. Comm. Op. No. 00-116-E.

A member of a regional commission, the members of which were made up of individuals from three states including Mississippi, was prohibited from resigning from the commission and immediately accepting the position of executive director of the commission; the current Mississippi member of the regional commission could not accept the position of executive director of the commission within one year of her resignation as a member of the commission. Op. of Miss. Ethics. Comm. Op. No. 00-129-E.

A state agency employee could, after terminating his state employment, pursue state contracts for his laundry business and janitorial business as it was very unlikely that the state employee would have been directly concerned with or would have personally participated in a state contract when it was bid and awarded after his termination date. Op. of Miss. Ethics. Comm. Op. No. 00-132-E.

A municipality can contract with a church to lease a facility to be paid for with grant funds when an employee in the state agency that administers the grant and under whose general supervision the grant falls is a member of the church and is a member of the church’s board of trustees only if the state employee totally and completely recuses himself from the administration and supervision of the municipality’s grant and/or the supervision of other state employees who are administering the grant. Op. of Miss. Ethics. Comm. Op. No. 00-133-E.

A state agency’s director of administration, after having changed to part-time status with the state agency, could resign his part-time position with the state agency and become an independent contractor with the state agency, and a company which he helped form and by which he was employed could become an independent contractor with other state agencies. Op. of Miss. Ethics. Comm. Op. No. 00-134-E.

A state agency’s director of administration, after changing to part-time status with the state agency, could form a company with another individual when the other individual was an independent contractor with the state agency just prior to their forming of the new company as long as that individual had terminated any and all of his self-employed contracts with the state agency prior to the forming of the new company. Op. of Miss. Ethics. Comm. Op. No. 00-134-E.

A state agency’s director of administration, after changing to part-time status with the state agency, could become an employee of a new company formed by the director and another individual who would be providing the start-up capital for the new company and who was an independent contractor with certain other state agencies as the new company would not be a contractor, subcontractor, or vendor with the state during the period the requestor remained a public servant of the state. Op. of Miss. Ethics. Comm. Op. No. 00-134-E.

A state coordinating council and its designated selection committee could approve a bid to provide services for the establishment of a strategic plan where the bid included as a subcontractor a center at a state university and where employees of that state university were designated members of the state coordinating council by state statute as there was no information that revealed that the state university members of the coordinating council would personally or pecuniarily benefit from the selection of the bid which had the state university’s center included as a subcontractor. Op. of Miss. Ethics. Comm. Op. No. 01-012-E.

A state coordinating council and its designated selection committee could approve a bid to provide services for the establishment of a strategic plan where the director and a contract employee of a state entity that has competed with the losing bidder for other projects participated in the bid selection review process and where the director of the state entity was designated a member of the state coordinating council by state statute as there was no information that revealed that the state university members of the coordinating council would personally or pecuniarily benefit from the selection of the bid which had the state university’s center included as a subcontractor. Op. of Miss. Ethics. Comm. Op. No. 01-012-E.

It is not a violation of the state conflict of interest laws for an employee in a supervisory position with a state department to serve on the board of directors of a service organization’s nonprofit family center without compensation where the family center has a grant issued by the state department and provides services to clients of the state department as service without compensation results in the state employee not having a material financial interest in the service organization’s nonprofit family center; however, the state employee would be required to totally and completely recuse herself from all matters concerning the nonprofit service organization and the service organization’s nonprofit family center, especially with regard to current and future grants issued by the state department to the nonprofit service organization and/or the service organization’s nonprofit family center and state department clients under her supervision that are receiving services from the family center. Op. of Miss. Ethics. Comm. Op. No. 01-014-E.

A trustee of an economic development district established by a single county with appointed trustees is not prohibited from selling hardware and supplies to the board of supervisors of the county that established the district as an economic development district that is established by a single county with appointed trustees is a separate governmental entity from the county authorizing its establishment. Op. of Miss. Ethics. Comm. Op. No. 01-026-E.

A former employee of a state agency cannot enter into a subcontract with a private sector entity related to the private sector entity’s current contract with the state agency where the former state employee was originally employed by the private sector entity and was transferred to the state agency due to a reorganization within the private sector entity after the commencement of the contractual relationship between the state agency and the private sector entity. Op. of Miss. Ethics. Comm. Op. No. 01-033-E.

An employee of the Department of Human Services can assist, without compensation, with an adoption study for a family seeking to adopt a child when the Department of Human Services must approve all adoptions coming into the state. Op. of Miss. Ethics. Comm. Op. No. 01-040-E.

A former trustee of a county economic development district is prohibited from selling land to the county as state law gives the power to purchase land to the county economic development district, and this prohibition will apply for one year from the date of the former member’s resignation from the county economic development district. Op. of MIss. Ethics. Comm. Op. No. 01-046-E.

Members of a state department’s advisory council can also be employees and officers of service organizations and agencies that receive funding through grants issued by the state department as a state department advisory council does not authorizes any contracts funded by public funds. Op. of Miss. Ethics. Comm. Op. No. 01-051-E.

A former employee of a state department could be employed by a company that currently had a three-year contract with the state department, but was prohibited from being compensated for employment with or services performed for the company in relation to its current contract with the state department where the former employee was on the selection committee that made the decision to award the current contract to the company. Op. of Miss. Ethics. Comm. Op. No. 01-054-E.

A public water and sewer district board was prohibited from entering into a water maintenance contract with a private company where two of the district’s board members were employees of and stockholders in the private company, another district board member was an employee of the private company, and another district board member’s spouse was an employee of the private company; however, the district board was not prohibited from accepting a gift from the private company of the funds and services described in the water maintenance contract. Op. of Miss. Ethics. Comm. Op. No. 01-055-E.

If a department contract results in a nonprofit corporation being a contractor, subcontractor, or vendor with the department, either by way of a grant or a health-related services agreement, then a department employee is precluded from having a material financial interest in the nonprofit corporation either as a member of the board of directors of the nonprofit corporation or as a member at large receiving money or other economic gain from the nonprofit corporation. Op. of Miss. Ethics. Comm. Op. No. 01-058-E.

A port commission could contract with a computer repair business owned by the son of a port commission employee whose position was mechanic for dock equipment as the port commission employee did not have the capacity or authority to use his position to obtain the port commission contract for his son’s computer business. Op. of Miss. Ethics. Comm. Op. No. 01-063-E.

A state department’s former executive director could receive compensation for performing consulting services for an agency that received department funding during his tenure as executive director where the consulting services were in areas independent of and financially unrelated, directly or indirectly, to department funding and the agency’s services benefitting from department funding that was authorized, administered, and/or allotted during his tenure as the department’s executive director. Op. of Miss. Ethics. Comm. Op. No. 01-066-E.

A state commission’s former executive director could accept employment with a private nonprofit entity contracting with the state commission where a grant from the state commission to the nonprofit entity was totally concluded; this was with the understanding that the interim report for release of the second year of funds to the private nonprofit entity was completed prior to the former executive director’s employment date or that if the interim report was not completed by such date, the former executive director was not involved on behalf of and therefore not compensated by the private nonprofit entity in relation to the interim report. Op. of Miss. Ethics. Comm. Op. No. 01-080-E.

A county election commissioner could simultaneously serve as a municipal planning committee member. Op. of Miss. Ethics. Comm. Op. No. 01-082-E.

A city council cannot employ the stepson of a department head employee upon the department head employee’s recommendation to the city council that his stepson be employed by the city to work in the city department headed by the employee. Op. of Miss. Ethics. Comm. Op. No. 01-083-E.

A city council cannot employ the stepson of a department head employee to work in the city department headed by the employee as the department head employee would have supervisory power of his stepson. Op. of Miss. Ethics. Comm. Op. No. 01-083-E.

A state agency can contract with a former employee to do some of the same work that the former employee did for the state agency prior to his termination from the state agency. Op. of Miss. Ethics. Comm. Op. No. 01-084-E.

It is not a violation of the conflict of interest laws for a city’s solid waste department superintendent to simultaneously serve as a county supervisor when the employing city is located within the county he will serve as a city and a county are separate governmental entities; however, the superintendent would be required to recuse himself from all matters coming before the county board of supervisors that concerned his city employer. Op. of Miss. Ethics. Comm. Op. No. 01-096-E.

A state agency is prohibited from employing a new board member’s spouse as of the beginning of the upcoming new budget year. Op. of Miss. Ethics. Comm. Op. No. 01-098-E.

A state agency could contract with its former executive director to provide technical consulting assistance in the unexpected and top priority transition of certain facilities from contract management to state operation. Op. of Miss. Ethics. Comm. Op. No. 01-100-E.

A bureau manager of one state agency cannot be employed by a private firm to assist the private firm in performing its contractual obligations to another state agency if the bureau manager will have a material financial interest in the private firm. Op. of Miss. Ethics. Comm. Op. No. 01-101-E.

It was not a violation of the state conflict of interest laws for a circuit clerk to simultaneously serve as an appointed member of a water management district board; however, the clerk would be required to recuse herself from any matter concerning the county that she served that came before the water management district board and to recuse herself from any matter that concerned the water management district board that came before the circuit court or otherwise involved the duties of the circuit clerk’s office. Op. of Miss. Ethics. Comm. Op. No. 01-102-E.

A member of a port commission cannot represent clients in litigation about public tidelands interests and taxes on tidelands lease parcels which may adversely affect the port commission and reduce tax revenues in which the port commission shares, even if the member recuses himself from voting and from being present at those parts of meetings of the port commission at which discussions or decisions pertaining to the litigation occurred. Op. of Miss. Ethics. Comm. Op. No. 01-107-E.

An employee of a state board that made home loans could simultaneously hold a part-time position with a real estate agency as a licensed real estate agent when the real estate agency had clients seeking loans from the state board; however, neither the board employee nor the real estate agency for which the board employee was an agent could have a contractor or subcontractor relationship with the board, and the board employee was prohibited from performing duties for the board in which he or she was involved, directly or indirectly, in the approval or disapproval of loans. Op. of Miss. Ethics. Comm. Op. No. 01-110-E.

A water management district could obtain a temporary easement from a county supervisor to perform cleaning and maintenance on a creek to correct flooding problems where the supervisor was not compensated for the easement and the county as a member of the district provided funding to the district; the easement resulted in a contract where the interests were public and not private as the ultimate and overwhelming benefit of controlling the flooding was to the public at large, public roads, and a public bridge project. Op. of Miss. Ethics. Comm. Op. No. 01-114-E.

A city could not contract with a carpet cleaning business owned by the city public works director’s brother where the city public works director worked part time for his brother in the carpet cleaning business if the public works director had a material financial interest in the business. Op. of Miss. Ethics. Comm. Op. No. 01-116-E.

A member of a state board can receive eligible services (benefits) from that state board, but must recuse himself from matters coming before the board that will provide him a pecuniary benefit or that will personally assist the board member in order to avoid a violation of the statute. Op. of Miss. Ethics. Comm. Op. No. 01-121-E.

The only way an airport chairman could be certain to avoid violating the statute in regard to a cotton marketing company owned by his wife that contracted with a farm center to market its cotton grown on airport property was to totally and completely recuse himself as a member of the airport commission from its actions, discussions, negotiations, and decisions concerning the farm center and its lease. Op. of Miss. Ethics. Comm. Op. No. 01-126-E.

A state commission’s executive director may serve as a part-time instructor to another state agency that contracts with the executive director’s state commission. Op. of Miss. Ethics. Comm. Op. No. 02-066-E.

A state commission may not enter into a contract with the spouse of its director of finance and administration to coordinate a project operated by the state commission with federal funds. Op. of Miss. Ethics. Comm. Op. No. 02-068-E.

A city public utilities commissioner, who was appointed by a city board of which his father was a member, may receive compensation after his father is no longer a city board member. Op. of Miss. Ethics. Comm. Op. No. 02-070-E.

Conflict of interest laws would not prohibit a department of a state agency from participating in a public auction of another state agency. Op. of Miss. Ethics Comm. Op. No. 02-074-E.

An employee of any state agency is prohibited by §25-4-105(3)(b) from purchasing items at an auction held by a state agency other than the state agency which employs the individual. Op. of Miss. Ethics Comm. Op. No. 02-074-E.

An employee of any state agency is prohibited by §25-4-105(3)(b) from purchasing surplus property of his or her state agency employer at auction. Op. of Miss. Ethics Comm. Op. No. 02-074-E.

The fact of membership on the state board overseeing state-sponsored savings plans of a person who is also a registered investment broker employed by an investment company would not prevent the member’s employer from participating in brokering a state savings plan to its customers as long as the member does not act as the broker/dealer for or otherwise receive compensation from customers purchasing the plan. Op. of Miss. Ethics Comm. Op. No. 02-076-E.

A state commission would not be prohibited by §25-4-105(3)(a) from contracting with a business that is owned by the father of a state employee who is employed by the business and also works for a separate state department whose executive head is chairman of the board of the state commission seeking the contract, because the son does not have a material financial interest in the business; in addition, the conflict of interest laws would not prohibit the son from having a material financial interest in the business if the contract is let to the lowest of three legitimate bids since the commission is a separate governmental authority from the authority employing the son. Op. of Miss. Ethics Comm. Op. No. 02-078-E.

Members of a city visitors and conventions council and a county economic development authority, whose organizations established a nonprofit economic development joint venture partnership, may serve as board members of the partnership because the partnership is a quasi-governmental entity and, therefore, the members serving on the partnership board are not in violation of conflict of interest laws; however, the public officials would violate conflict of interest laws should they receive compensation as board members of or personal pecuniary benefits from the partnership. Op. of Miss. Ethics Comm. Op. No. 02-079-E.

Conflict of interest laws do not prohibit an appointed member of a statutorily created state commission, charged with regulating certain licensees in the state, from serving in a leadership role in the trade association created for the regulated licensees; however, the member must totally and completely recuse himself from all matters coming before his commission related to the trade association member, he is prohibited from trying to influence the commission through his position with the trade association, he is prohibited from having an interest, whether direct or indirect, in any contract authorized by the commission he serves during his term or for one year after the expiration of his term, and he is prohibited from using non-public information gained through his position as commission member that could provide a pecuniary benefit not only to himself, but also, to the trade association he serves. Op. of Miss. Ethics Comm. Op. No. 02-083-E.

An appointed member of a statutorily created state commission charged with regulating certain licensees in the state is not prohibited from serving on the political action committee (PAC) of the licensees his commission regulates, where the PAC makes monetary contributions to candidates for political office; however, the member should avoid being a party to decisions within the PAC where the PAC makes contributions to the public appointing authority that appointed the commission member to the commission. Op. of Miss. Ethics Comm. Op. No. 02-083-E.

Subsection (2) of this section and Miss. Const Art. 4, § 109 prohibit a city airport authority from entering into a contract during a commissioner’s term and for one year thereafter, either as a contractor or subcontractor, with construction companies that purchase glass for an airport authority project from a business employing the commissioner’s spouse. Op. of Miss. Ethics Comm. Op. No. 02-092-E.

12. Public authority.

Senior vice president of local bank depository of city housing authority may not also serve as commissioner/board member of housing authority, as he would hold prohibited interest in contracts for depositories. Op. of Miss. Ethics Comm. Op. No. 89-26-E.

Appointed member of city/county developmental authority may not become employed as auditor of same authority. Op. of Miss. Ethics Comm. Op. No. 90-021-E.

It would be violation for Board of Commissioners of a transportation authority to compensate its president for serving temporarily as its executive director as well. It matters not whether president resigned to become executive director or whether he provided temporary services in any capacity for the authority simultaneous with his service as board member, since for president to temporarily assume duties as executive director would require formal action on part of board, similarly compensation to board president would also require formal action on part of board; without order of board, employment or compensation would not be authorized; any such authorization brings in prohibitions of this section and Constitution Section 109. Op. of Miss. Ethics Comm. Op. No. 91-075-E.

Bank would violate law were it to bid on bonds issued for county’s Economic Development District, where bank officer is simultaneously trustee for District. Additionally, any participation by trustee/bank officer in board deliberations or vote as concerns matter which would result in “pecuniary benefit” to trustee is prohibited; to avoid violation of provision, trustee/bank officer should totally recuse self, which would be effective as to §25-4-105 subsection (1) but not as to Constitution Section 109 or Code subsection (2). Op. of Miss. Ethics Comm. Op. No. 91-083-E.

Law prohibits bank from purchasing bonds of public regional airport authority, where such purchase is secondary purchase following an original issuance to another institution, where member of board of airport authority has material financial interest in bank. Without order by airport authority board, airport would be unable to proceed with particular contractual arrangement described. Op. of Miss. Ethics Comm. Op. No. 92-229-E.

No violation of ethics laws occurs when Port Authority commissioner owns stock in company which is neither contractor nor subcontractor of Port Authority or otherwise contracts with Authority, despite fact that another owner of stock of company owns second corporation which contracts with Port Authority. Op. of Miss. Ethics Comm. Op. No. 93-118-E.

Commissioner of Port Authority may not own 200 shares of casino stock valued at approximately $1,000 where casino is under lease with Authority, and Authority participates on percentage basis in revenues generated by casino, and frequently deals with problems arising concerning lease. Stock owned by commissioner constitutes interest in lease contract authorized by his Authority, thus is prohibited. Op. of Miss. Ethics Comm. Op. No. 93-118-E.

Public purchase and trading of casino stock during 1993 by commissioner of Port Authority resulting in profits of over $28,000, current holdings of 500 shares with unrealized gain of over $8,000, and ownership of 600 shares in IRA of dependent relative with unrealized gain of over $12,000, each constitute violation of Ethics law. Op. of Miss. Ethics Comm. Op. No. 93-118-E.

Constitutional Section 109 and Code Section 25-4-105 subsections (2) and (3)(a) would not prohibit casino from contracting with bank depository where vice president and member of board of directors of bank depository served as commissioner of Port Authority. Authority’s lease with casino does not in and of itself create interest in lease on part of commissioner, merely because his bank holds contract with casino, where there is no evidence that bank would not contract with casino if casino had not held lease with commission. Also, commissioner does not have material financial interest in casino as he does not receive any income or benefit from it. Nevertheless, commissioner-banker should not vote on matters affecting casino since his bank could be indirectly affected which in turn could cause commissioner to violate subsection (1), thus commissioner ought to recuse self from casino matters coming before Authority. Op. of Miss. Ethics Comm. Op. No. 93-118-E.

Ethics laws prohibit Industrial Development Authority from contracting with bank to sell it land when one of IDA commissioners is employed by bank. While recusal on part of commissioner in deliberations and voting on board of which he is member would remove potential violation of subsection (1), it would not remove prohibited interest in violation of subsection (2) and Constitution Section 109. Op. of Miss. Ethics Comm. Op. No. 93-173-E.

Since the issuance of a permit or license by a municipal board does not constitute a government contract, a board member does not violate conflict of interest laws by voting in an action to approve a variance in zoning relating to a permit for a company, even though the member has a pecuniary interest in that company. However, the board member was cautioned not to use his official position to obtain pecuniary benefits for himself, and recusal from matters concerning his business was discussed. Op. of Miss. Ethics Comm. Op. No. 94-128-E.

A state district’s board member’s appointment to an advisory board of a bank that serves as the depository for the state district results in the board member having a prohibited interest in any contracts between the bank and the district entered into during his term and for one year thereafter in violation of Constitutional Section 109 and Code Section 25-4-105(2). Also, recusal and de minimis interest are addressed. Op. of Miss. Ethics Comm. Op. No. 95-073-E.

A trustee of a county economic development district may not be awarded a bid on a construction project financed by bond proceeds from the sale of general obligation bonds issued by the county board of supervisors at the request of the county economic development district as such a contract violates Constitutional Section 109 and §25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 95-078-E.

Constitutional Section 109 and §25-4-105(2) prohibit the economic development authority’s purchase of county club property when some of its members are stockholders in the county club. Op. of Miss. Ethics Comm. Op. No. 96-085-E.

An economic development authority/association is a quasi-governmental entity, and having elected officials serving on its board when their respective governmental entities are funded does not as such violate the conflict of interest laws. However, the officials were cautioned regarding Constitutional Section 109, §25-4-105(1) and (2) and §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-117-E.

A business co-owned by a county supervisor selling to an industry located in the county’s industrial park is not as such a violation of the conflict of interest laws if no contract has been authorized by the board of supervisors during the supervisor’s term or for one year thereafter. However, the supervisor was cautioned regarding Constitutional Section 109, §25-4-105(1) and (2), and §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-120-E.

A housing authority employee charged with enforcing housing quality standards on rental property owners receiving rent payments from the housing authority may not simultaneously be employed to manage the properties of one such rental property owner. Op. of Miss. Ethics Comm. Op. No. 98-018-E.

An individual may simultaneously serve as a board member of a public authority and a public nonprofit corporation, and receive per diem from both, even though the authority and the corporation contract with each other, where the per diem for each board position is set forth in law or by a resolution; however, should his compensation from the public authority be authorized by funds or contracts from the public nonprofit corporation or the reverse, such simultaneous service would be prohibited. Op. of Miss. Ethics Comm. Op. No. 98-037-E.

The city may not appoint an insurance agent to the zoning board and still purchase insurance from that agent based upon proposals for insurance, in accordance with the purchasing laws, his being the lowest proposal. Op. of Miss. Ethics Comm. Op. No. 98-051-E.

A city may lease parking space from the son of a member of the city housing authority. Op. of Miss. Ethics Comm. Op. No. 98-051-E.

A board member appointed to a city board, commission or authority may resign his or her public position and immediately contract with the city’s governing authority. Op. of Miss. Ethics Comm. Op. No. 98-051-E.

It is not a violation of the state conflict of interest laws for a housing authority employee/manager to employ in his or her private business a resident of the housing authority site he or she manages. Op. of Miss. Ethics Comm. Op. No. 98-074-E.

A current employee of one state governmental authority may not be hired as an independent contractor by another state governmental authority. Op. of Miss. Ethics Comm. Op. No. 98-120-E.

It is not a violation of the state conflict of interest laws for a regional housing authority to sell a single family house to the sister of one of the regional housing authority’s commissioners if the regional housing authority commissioner has no personal or pecuniary interest, direct or indirect, in his or her sister’s contract with the regional housing authority to purchase the single family dwelling. Op. of Miss. Ethics Comm. Op. No. 98-139-E.

A housing authority may not contract with a security company owned by one of its employees and the employee’s spouse, even if the housing authority determines that the security company’s bid is the lowest and best bid. Op. of Miss. Ethics Comm. Op. No. 99-102-E.

A board member of a county port authority is prohibited from entering into a memorandum of understanding with the county port authority as a property owner who agrees to acquire the county port authority’s water and sewer services which may be available by way of a proposed water and sewer extension, as such a memorandum of understanding would not have as its purpose an indemnity agreement with the single objective of protecting the financial interest of the port authority and, therefore, the interests involved are not solely interests of a public nature. Op. of Miss. Ethics. Comm. Op. No. 99-110-E.

Until such time as a court of competent jurisdiction rules that the State Constitution and the Ethics in Government law are preempted by the amended Section 2 of the United States Housing Act of 1937 (42 U.S.C.S. § 1437), an individual assisted by a public housing authority who is appointed to the board of that same public housing authority will be deemed to be in violation of the statute at such time as his or her lease agreement is approved by the public housing authority board during his or her term or with in one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 00-059-E.

An industrial development authority was prohibited from purchasing commodities, equipment, and/or furniture from a business in which one of the industrial development authority board members held an ownership interest and this prohibition would apply during the board member’s term and for one year thereafter; further, an abstention or recusal by the board member would not prevent a violation of the statute. Op. of Miss. Ethics. Comm. Op. No. 00-072-E.

An individual employed by the state port authority can simultaneously serve as a member of the city council in the city where the state port authority is located, with the understanding that the state employee could not perform the duties and responsibilities of a city council member when on duty with the state and being paid by the state, i.e., the state employee would be required to request and receive leave from the state agency when performing his or her duties and responsibilities as a city council member. Op. of Miss. Ethics. Comm. Op. No. 00-112-E.

It is not a violation of the state conflict of interest laws for an employee of a regional housing authority to serve as the town’s mayor, with the understanding that the regional housing authority receives no funding of any kind or no additional bond issuing authority from the mayor and board of aldermen during the authority employee’s term and for one year thereafter; such funding would result in the authority employee as mayor having a prohibited interest by way of his employment contract with the regional housing authority in violation of the section. Op. of Miss. Ethics. Comm. Op. No. 01-048-E.

An individual that owned and operated a solid waste disposal company that used the landfill of a solid waste management authority could not serve on the board of the authority as a line of credit arrangement between the authority board and the company owned by the board member was an agreement to which the solid waste authority board was a party. Op. of Miss. Ethics. Comm. Op. No. 01-105-E.

A regional housing authority may contract for security services with businesses controlled by individuals who serve as constable, deputy sheriff, city police officer, or a member of another city housing authority. Op. of Miss. Ethics. Comm. Op. No. 02-038-E.

The child of a housing authority commissioner, who lives with the commissioner, may not be employed by the housing authority; the child of a housing authority commissioner may be employed by the housing authority only if the commissioner’s child is totally and completely financially independent from the commissioner. Op. of Miss. Ethics. Comm. Op. No. 02-062-E.

Public board members serving on multiple governmental or quasi-governmental boards would be in violation of §25-4-105(5) should they use non-public information gained through their position as board members that could provide a pecuniary benefit not only to themselves, but also to the governmental or quasi-governmental entities they serve. Op. of Miss. Ethics Comm. Op. No. 02-079-E.

A county economic development authority is not prohibited by Miss. Const. Art. 4, § 109 and §25-4-105(2) from contracting with a nonprofit economic development joint venture partnership to provide marketing and management services; however, the partnership board members, who are also county economic development board members, would be prohibited by those constitutional and statutory provisions from having any private pecuniary interest in the contract between the two governmental entities. Op. of Miss. Ethics Comm. Op. No. 02-079-E.

13. School, board of education.

It is violation for school board member’s spouse to be secretary with school county food service, despite that a salary is paid entirely from federal funds. Conflict can be resolved only by one or other spouse resigning from position. Furthermore, spouse cannot be paid as long as member remains on school board and for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 88-55-E.

Member of board of trustees of consolidated school district had material financial interest in auto parts company which employed him such as to constitute an interest in any contract between the company and the board of which he is a member (assuming that he earns in excess of $100,000 annually, since it was not stated); therefore any sales of goods or services by subject’s employer to his school district would cause subject to violate Constitution § 109 and Code §25-4-105. Op. of Miss. Ethics Comm. Op. No. 88-156-E.

Where daughter or daughter-in-law of county school board member sought to be employed as teacher’s aide or substitute teacher by same county, if she was financially dependent upon school board member then such employment would constitute violation of section, as school board member would have an interest in her employment, however if she was free from member’s control and support then provisions would not be violated. Op. of Miss. Ethics Comm. Op. No. 88-184-E.

School board member may not be employed by major supplier of school district. Op. of Miss. Ethics Comm. Op. No. 89-34-E.

Candidate if elected to county school board may possess leasehold interest in Sixteenth Section land negotiated before becoming candidate, inasmuch as all transactions for leasehold interest occurred prior to candidacy and required no action on part of county school board other than acceptance of lease payment which is ministerial in nature. However, should any intervening events such as new statutory requirements or sale of leasehold interest occur requiring consideration and/or action by county school board, then section would become pertinent, and recusal by candidate would not prevent violation of provision. Furthermore candidate is cautioned not to participate in any board action affecting leasehold interest, in order to avoid application of section. However, recusal would be effective in this regard. Op. of Miss. Ethics Comm. Op. No. 89-63-E.

Ethics laws prohibit spouse of member of county board of education from being employed as school bus driver for county. Op. of Miss. Ethics Comm. Op. No. 89-115-E.

It would be conflict of interest for school board member to simultaneously be major stockholder in bank depository of same school district; where bank depository was authorized prior to board member’s bank’s purchase of second bank involved, violation occurs but it is problematical whether court would order any penalty. However, penalties should be in order should school board again select purchased bank as depository at end of current deposit contract year. Op. of Miss. Ethics Comm. Op. No. 90-028-E.

No violation exists where sister of prospective appointee as member of school board has been principal and long-time employee of one of schools served by such board. Sister is not included in definition of “relative” in §25-4-103(p). Op. of Miss. Ethics Comm. Op. No. 90-098-E.

Law does not prohibit employee of one school district from becoming member of board of trustees of another adjoining school district provided employee recuses self from any deliberations or actions in the first school district that concern second school district. Op. of Miss. Ethics Comm. Op. No. 91-001-E.

Ethics violation arises where state legislator becomes employed by local school district within one year of expiration of his term. Op. of Miss. Ethics Comm. Op. No. 92-095-E.

Ethics in Government law may be violated should supervisor and his immediate family serve as teachers in same county. If supervisor or “relative”, meaning spouse, child, or parent, became teacher in city school system, no per se violation of ethics law would occur; city school system is separate authority from that of county. Should supervisor or “relative” become employed by county school system, where all of local funding portion or of salaries under teaching contract comes from mandatory local tax levies, again no violation would occur. Where portion of salary derived by public school teacher under teaching contract or that of a “relative” comes from discretionary local tax levies, such teaching contract would violate Section 109 of state Constitution and Code Section 24-4-105, subsection (2), while teacher is member of board of governing authority which makes such tax levies or within one year after term on governing board expires. Op. of Miss. Ethics Comm. Op. No. 92-103-E.

Violation arises where spouse of cafeteria manager of county school district is elected member of same district’s school board. Violation would occur when board rehires its employees each year. Op. of Miss. Ethics Comm. Op. No. 92-165-E.

Ethics in Government laws prohibit county school board member from contracting with corporation as to sale of sixteenth section timber when trustee is employed by corporation. Subsection (3) paragraph (a) would be violated as such trustee/employee would have a material financial interest in a contract with governmental authority of which he is member. However, trustee whose spouse was corporate employee would not violate same provision. Op. of Miss. Ethics Comm. Op. No. 92-173-E.

Both county school board trustee who is employed by corporation and trustee whose spouse is employed by corporation possess “interest, direct or indirect” in contract authorized by school board with corporation as to sale of sixteenth section timber such as to call into application §24-4-105 subsection (2). Op. of Miss. Ethics Comm. Op. No. 92-173-E.

Violation arises upon continued employment of vocational counselor of county school district after he is sworn as elected member of county school board. Counselor should either resign elected position or resign counselor position. Op. of Miss. Ethics Comm. Op. No. 92-200-E.

Superintendent of school district may not accept honorarium from staff development session for an agency when his salary and expenses are paid by his own district. Op. of Miss. Ethics Comm. Op. No. 93-132-E.

Under the provisions of Section 25-4-101, an alderman who is also a teacher/coach in the school district should recuse himself from matters concerning the appointment of a board member who authorizes his employment contract each year, in order to reduce suspicion or any sense of impropriety. The alderman should leave the room or area where the discussions and actions are taking place, and the minutes of the meeting should reflect his absence. A potential violation of Section 25-4-105(1) exists if a vote or discussion by the alderman would result in pecuniary benefit to him. Op. of Miss. Ethics Comm. Op. No. 94-013-E.

A non-officer employee of a bank, who also serves as a member of the school board, would have an prohibited pecuniary interest in a contract by the board authorizing the bank as the depository of the school district. Op. of Miss. Ethics Comm. Op. No. 94-048-E.

A county supervisor who becomes an employee of a school district within the county would hold an inherent interest in contracts with the school district authorized by the board of which he is a member, thereby violating Constitutional Section 109 and Code Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 94-050-E.

A county board of education member may not lease sixteenth section land managed by the school board of which he is a member, as that action constitutes approval of a contract by the member’s board during that member’s term. Neither recusal or abstention from voting will prevent a violation of ethics laws. Op. of Miss. Ethics Comm. Op. No. 94-140-E.

An exception found in Section 25-4-105(4)(d) allows a municipal school superintendent to serve on the board of directors of the electrical power utility company, since the company has exclusive rights to provide the school district with its electricity. The superintendent was advised, however, not to use his or her official position for personal pecuniary benefits, in violation of Section 25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 94-154-E.

The police chief of one municipality may accept an appointment to the board of a school district of another municipality. Op. of Miss. Ethics Comm. Op. No. 95-011-E.

A school district may not contract with a health clinic to provide medical assistance for the school’s students when members of the school board are or were employees of the health clinic. Op. of Miss. Ethics Comm. Op. No. 95-035-E.

A school district may not contract with a health clinic to provide medical assistance for the school’s students when the school district’s Chapter I coordinator is the spouse of the health clinic’s director if the Chapter I coordinator has a material financial interest in the health clinic’s contract with the school district. Op. of Miss. Ethics Comm. Op. No. 95-035-E.

A parent may be an elected member of a school and a child an elected superintendent of the same school district, but the parent must recuse himself from the consideration of the superintendent/child’s salary. Op. of Miss. Ethics Comm. Op. No. 95-091-E.

An elected county superintendent of education may accept employment with the school district after the expiration of the superintendent’s term without being in violation of Constitutional Section 109 and Code Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 95-092-E.

A husband and wife, who are both teachers, may sell educational video materials to school districts other than to their school district employers. It is a violation of Section 25-4-105(3)(a) for them to sell to their school district employers. Op. of Miss. Ethics Comm. Op. No. 95-100-E.

A public school teacher is prohibited by the conflict of interest laws from selling through a marketing firm a gradebook the teacher copyrighted to the teacher’s school district employer but not prohibited from selling to other state school districts. However, the teacher should be cautioned regarding Constitutional Section 210 which prohibits public school teachers from selling any “books” to any state school district. Op. of Miss. Ethics Comm. Op. No. 95-119-E.

A school district’s purchasing through a term bid with an auto parts store that employs a board member-elect after the board member-elect is sworn into office violates Constitutional Section 109 and Code Section 25-4-105(2) and (3)(a). Op. of Miss. Ethics Comm. Op. No. 95-143-E.

An individual appointed by the city council to the city school board whose daughter is employed by the school district when the daughter and her child live in the individual’s household results in a violation of Constitutional Section 109 and §25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 96-028-E.

An individual serving on a municipal separate school board and on a municipal election commission should recuse himself from any action coming before the municipal election commission regarding a school bond issue election. The individual was also cautioned regarding §25-4-101 and §25-4-105(5). Op. of Miss. Ethics Comm. Op. No. 96-050-E.

A school board may employ the sons of one of its members as an architect and as an attorney if they are financially independent from the father. However, the board was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-081-E.

A former state employee is prohibited by subsection (3)(e) from being compensated by a company in relation to the school district’s contract where he was directly concerned and personally participated in the school district’s performance-based proceeding and in the school district’s application to the state agency division for assistance; however, the former state employee may advise the school district’s selection committee of the grant money that might be available to the school district, unless the former state employee used his official position with the state agency division before terminating to gain an advantage in obtaining the grant in his new position with the company in violation of subsection (1). Op. of Miss. Ethics. Comm. Op. No. 97-154-E.

The spouse of a division director of a state department may not sell educational products to local school districts when the state department accepts the bids, awards the contracts and provides the funding for the educational products. Op. of Miss. Ethics. Comm. Op. No. 97-162-E.

An officer of a bank may not be appointed to the State Board of Education if another subsidiary of the bank’s holding company intends to offer investment vehicles for State Department of Education funds or minimum education funds allocated by the State Department of Education to local school districts after the date of the bank officer’s appointment to the State Board of Education. Op. of Miss. Ethics. Comm. Op. No. 97-165-E.

An officer of a bank may not be appointed to the State Board of Education if the bank intends to participate in bond offerings by the State Department of Education and to do other business with the State Department of Education after the date of the bank officer’s appointment to the State Board of Education. Op. of Miss. Ethics. Comm. Op. No. 97-165-E.

An architect may contract to provide professional services to a municipal school district when the architect’s parent is a member of the board of aldermen that appoints the school district’s board members. Op. of Miss. Ethics Comm. Op. No. 98-006-E.

A municipal council member, who is an employee of the municipal school district, is always advised to totally and completely recuse himself or herself from matters involving the appointment of municipal school board members in order to comply with the public policy set forth in §25-4-101 and to avoid a potential violation of §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 98-013-E.

A municipal council member, who is an employee of the municipal separate school district, must always totally and completely recuse himself or herself from matters involving the appointment of members to the municipal separate school board of trustees in order to comply with the public policy set forth in §25-4-101 and to avoid a potential violation of subsection (1) of this section. Op. of Miss. Ethics Comm. Op. No. 98-023-E.

A former director of a division of the state agency that the school districts and other governmental entities were required to apply to for assistance in regard to certain Request for Proposals may act as a representative for a company responding to these requests, so long as the employee, had no dealings with the school districts or other governmental entities relative to a present or a further contract related to such Requests for Proposals during his state tenure. Op. of Miss. Ethics Comm. Op. No. 98-027-E.

A former teacher who is currently receiving state retirement benefits as a retired teacher with the school district is not prohibited from serving as a duly elected member of the school board of trustees. Op. of Miss. Ethics Comm. Op. No. 98-042-E.

A state university may re-employ an individual as the head athletic trainer even though the individual’s child is employed as a senior athletic trainer with the state university so long as the state university removes all authority from the individual regarding the individual’s control and responsibility over the child’s annual salary and/or other pecuniary benefits. Op. of Miss. Ethics Comm. Op. No. 98-048-E.

A school board member must recuse himself from the school board’s actions involving the school’s sixteenth section timber when the school board member’s employer imber company is bidding on the timber to be sold. Op. of Miss. Ethics Comm. Op. No. 98-050-E.

A county school board may not employ a board member’s son if the member is directly or indirectly interested in the son’s employment; in order for the board member to not be interested in the son’s employment, the parent and the child must be mutually financially independent. Op. of Miss. Ethics Comm. Op. No. 98-052-E.

The spouse of a candidate for county superintendent of education may not remain employed by the county school district if the candidate is elected to the position of county superintendent since the spouse’s position requires annual approval by the county superintendent. Op. of Miss. Ethics Comm. Op. No. 98-069-E.

A company owned by the sons of a candidate for the county school board, and that also employs the candidate, may not continue to do business with the county school district and the county if the candidate is elected to the county school board where the candidate has a material financial interest in the company; however, if the candidate were to resign from his sons’ company and give up all other personal and pecuniary benefits, direct or indirect, before taking office as a school board member, then the company could continue contracting to perform work for the school district, so long as the candidate recused himself from all matters pertaining to the company. Op. of Miss. Ethics Comm. Op. No. 98-073-E.

It is not a violation of the state conflict of interest laws for a company to sell its goods or services to a community college when its salesperson is the son of an employee of the college, so long as the college’s employee has no authority, direct or indirect, over the governmental entity’s purchasing process. Op. of Miss. Ethics Comm. Op. No. 98-090-E.

A service course may be taught to other governmental entities by a state academy instructor, or instructor supervisor, outside the state academy for compensation pursuant to the exception to the subsection (3)(a) prohibition set forth in subsection (4)(h), as long as the teaching is done in a way that the instructor would not violate subsection (1). Op. of Miss. Ethics Comm. Op. No. 98-098-E.

Article IV, Section 109 of the Constitution and subsections (2) and (3)(a) of this section, prohibit a school district from purchasing telephone equipment from a company that employs two of the school district’s five board members. Op. of Miss. Ethics Comm. Op. No. 98-109-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section prohibit a school district from purchasing telephone equipment from a company that obtained the telephone equipment for the school district’s contract from another company that employs two of the school district’s five board members. Op. of Miss. Ethics Comm. Op. No. 98-109-E.

It is not a violation of the state conflict of interest laws for a municipal school board member to serve simultaneously for the county in which the school district is located as county tax collector. Op. of Miss. Ethics Comm. Op. No. 98-119-E.

It is not a violation of the conflict of interest laws for a public school employee to simultaneously serve as a county supervisor when the employing school district is located within the county he will serve. Op. of Miss. Ethics Comm. Op. No. 98-130-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section will prohibit a school district’s board from entering into a new contract with a newly elected board member’s spouse once he is sworn in as a member of the school board; this prohibition will apply for the period that the newly elected school board member remains on the board and for one year thereafter; further, during the remainder of the spouse’s current contract, the newly elected school board member should totally and completely recuse himself from any matter directly or indirectly concerning his spouse’s position or compensation. Op. of Miss. Ethics Comm. Op. No. 98-131-E.

Article 4, Section 109 of the Constitution and subsection (2) of this section prohibit a school district’s board from amending the current or entering into a new “Cooperative Agreement to Provide Vocational Education for High School Students” with a community college that employs a newly-elected school board member, once the newly-elected school board member is sworn in as a member of the school board; this prohibition will apply for the period that the newly elected school board member remains on the board and for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 98-131-E.

It is not a violation of the conflict of interest laws for a public school teacher to simultaneously serve as a county supervisor when the employing school district is located within the county he will serve; however, the teacher will be required to recuse himself from all matters coming before the county board of supervisors that concern his school district employer. Op. of Miss. Ethics Comm. Op. No. 98-134-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section absolutely prohibit a newly elected school board member’s fuel service center from selling gasoline or diesel to the county school district for its school buses or for any other purpose during his term and for one year after he leaves office. Op. of Miss. Ethics Comm. Op. No. 98-136-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section prohibit a school board from entering into a new employment contract with a newly elected school board member’s spouse, even where the spouse is employed in a non-certified position; however, it is possible, although not prudent, for a newly elected school board member’s spouse to complete her current contract without the newly elected school board member having violated the state conflict of interest laws if the newly elected school board member totally and completely recuses himself from any matter coming before the school board concerning his spouse during the remaining period of her current contract. Op. of Miss. Ethics Comm. Op. No. 99-010-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section absolutely prohibit a school board member from taking pictures at school activities, notwithstanding that the pictures are paid for by the students and not the school district, if the authorization to take such pictures and charge the students participating in the activities for the pictures stems from an agreement, including an implied agreement, between the school district and the school board member or the school district and the entity sponsoring the activities on school district property. Op. of Miss. Ethics Comm. Op. No. 99-034-E.

A county school district may not employ the son-in-law of the county superintendent of education as its network computer technician. Op. of Miss. Ethics Comm. Op. No. 99-053-E.

A county school board member’s acceptance of three golf clubs by way of a random drawing by an exhibitor at a national school board convention where the board member registered for the drawing along with countless others attending the national convention did not cause the board member to have a prohibited interest in the exhibitor’s contract with the county school district. Op. of Miss. Ethics Comm. Op. No. 99-056-E.

A county school board member could retain a portable computer he received from an exhibitor at a national school board convention when he registered at the exhibitor’s booth for the randomly selected computer. Op. of Miss. Ethics Comm. Op. No. 99-056-E.

A local school district may not contract with a bank in which one of the school board members is interested. Op. of Miss. Ethics Comm. Op. No. 99-063-E.

A local governmental entity’s board member, including a county supervisor, a municipal board member and/or a school board trustee, is absolutely prohibited from contracting with his or her governmental entity during the board member’s term and for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 99-067-E.

An engineer may not contract with a school district when the engineer’s firm is located in a building rented from one of the school board members; the term of the prohibition is the school board member’s term, and for one year thereafter, while the engineer is the school board member’s tenant. Op. of Miss. Ethics Comm. Op. No. 99-070-E.

It is not as such a violation of the state conflict of interest laws for a state employee to serve as a member of a school district board of trustees. Op. of Miss. Ethics Comm. Op. No. 99-074-E.

An individual employed as a teacher by the school district may not be a lessee of sixteenth section land from the school district. Op. of Miss. Ethics Comm. Op. No. 99-076-E.

It is not a violation of the state conflict of interest laws for individuals associated with the same company to serve simultaneously as members of the municipal school board even though one of the appointees is subordinate to the other within the company. Op. of Miss. Ethics Comm. Op. No. 99-079-E.

It is not a violation of the state conflict of interest laws for an employee of a state university or the employee’s spouse to also contract with a city. Op. of Miss. Ethics Comm. Op. No. 99-081-E.

It is not as such a violation of the state conflict of interest laws for an individual employed by the Mississippi Department of Education as a school attendance officer to serve as a county supervisor or a member of a county school board of trustees. Op. of Miss. Ethics Comm. Op. No. 99-083-E.

It is not as such a violation of the state conflict of interest laws for a county prosecuting attorney to simultaneously serve as a member of the school district board of trustees. Op. of Miss. Ethics Comm. Op. No. 99-086-E.

A school district may not sell property to a rural water association when the president of the school board is also the president of the rural water association, as a school board member is prohibited from having an interest, direct or indirect, in a contract authorized by the school board of which he is a member during his term or for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 99-111-E.

Employees of a state university are prohibited from making travel arrangements with a travel agency owned by an employee of the state university if the travel arrangements will be paid for by the state university with public funds, unless only two or fewer commercial sources for the service or goods are reasonably available, provided such transactions comply with the public purchases laws. Op. of Miss. Ethics. Comm. Op. No. 00-008-E.

A school board member cannot be indirectly employed and compensated by a bank as an agent for an insurance company owned by the bank where the bank is the school district’s depository or otherwise contracts with the school district, and a recusal or abstention by the board member would not alter the result. Op. of Miss. Ethics. Comm. Op. No. 00-009-E.

It is not as such a violation of the state conflict of interest laws for school attendance officers employed by the Department of Education to be employed part-time by a school district by way of a federal grant funded through the Department of Education. Op. of Miss. Ethics. Comm. Op. No. 00-011-E.

A school attendance officer employed with the Department of Education can be employed and/or compensated by the Board of Community Colleges through a federal grant as the Department of Education and the Board of Community Colleges are separate authorities of the state. Op. of Miss. Ethics. Comm. Op. No. 00-011-E.

A public school board member’s spouse is prohibited from being employed, or from contracting in any other way, with his or her school district during the school board member’s term and for one year thereafter, and a recusal or abstention by the school board member will not alter the result. Op. of Miss. Ethics. Comm. Op. No. 00-020-E.

A newly elected/appointed public school board member’s company is prohibited from selling to the public school district during the school board member’s term and for one year thereafter, and a recusal or abstention by the school board member will not alter the result. Op. of Miss. Ethics. Comm. Op. No. 00-020-E.

A newly elected/appointed public school board member’s spouse is prohibited from retaining her employment position with the public school district, as a violation of the statute will occur once the newly elected/appointed public school board member’s spouse is paid with funds approved in a budget authorized by the public school district’s board of which he is a member. Op. of Miss. Ethics. Comm. Op. No. 00-020-E.

The spouse of a newly elected superintendent of education cannot remain employed with a community college in a work study program made available through the spouse’s application for financial assistance from the community college as a full-time student once the funding for the program and/or the spouse’s continued employment through the program are authorized by the board of trustees during the trustee/superintendent’s term and/or within one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 00-025-E.

A public school teacher can be involved in a school supply business that proposes to do retail and mail order business with public school districts, but not if such business proposes to do business with the school district that employs the public school teacher. Op. of Miss. Ethics. Comm. Op. No. 00-028-E.

The statute does not prohibit a school board member’s involvement in the employment by the school district of his brother or half-brother as neither would be considered a relative for purposes of the state conflict of interest laws, unless the school board member received a personal and/or pecuniary interest by way of the school district’s employment of his brother or half-brother. Op. of Miss. Ethics. Comm. Op. No. 00-053-E.

The spouse of a state superintendent of education was not prohibited from having a contract or an interest in a contract with a public school district; however, the superintendent would be required to totally and completely recuse himself from any matter coming before his department or his board that concerned his spouse and/or the education consulting group for which she was a subcontractor, especially with regard to approval, review, or funding of the spouse’s contracts with public school districts and/or the educational consulting group’s contracts with public school districts in which the spouse was a subcontractor. Op. of Miss. Ethics. Comm. Op. No. 00-058-E.

A county school district would be prohibited from contracting with a county school board member’s child or the child’s business to provide screen printing supplies, services, and/or materials to the county school district if the school board member was directly or indirectly interested in the child’s contract; in order for the school board member to avoid a violation of the section, the school board member’s child would have to be totally and completely financially independent from the school board member and the school board member would be required to have no interest, direct or indirect, in the child’s contract with the county school district; further, the school board member could not in any way be involved in the county school board’s decision to contract with his child or the child’s business. Op. of Miss. Ethics. Comm. Op. No. 00-064-E.

A board member of a county school district could not simultaneously serve as the interim superintendent of a municipal school district located with the county that the county school district serves when the two school districts jointly operated and funded a bus shop and jointly funded an alternative school administered by the municipal school district as the county school district’s funding of the contracts for the joint operation of the two facilities, especially the alternative school, which was administered by the municipal school district, included, either directly or indirectly, the costs associated with the administration of the two facilities and, therefore, the board member would have a personal and pecuniary benefit in the contracts for the joint operation of the two facilities, especially the alternative school if he accepted the position of interim superintendent with the municipal school district. Op. of Miss. Ethics. Comm. Op. No. 00-075-E.

School board members and their spouses and dependent children are prohibited from purchasing surplus mobile classrooms from the school district. Op. of Miss. Ethics. Comm. Op. No. 00-084-E.

School board members and their spouses and dependent children are prohibited from purchasing surplus equipment from the school district at auction; however, relatives of school board members other than spouses and dependent children are not so prohibited. Op. of Miss. Ethics. Comm. Op. No. 00-106-E.

A school district could contract with a windshield repair business owned by the spouse of one of the school district’s secretaries as the school district’s secretary had no interest in the windshield repair business except for the fact that her spouse was the sole owner and proprietor of the business; however, if the secretary personally received an income from the spouse’s windshield repair business or if she served as an officer, director, or partner in the business or if she obtained any direct or indirect interest in the spouse’s windshield repair business, such as working in the business or providing it funding through a loan or investment, then the secretary would have a personal and pecuniary interest in the windshield repair business and a violation of the statute would result. Op. of Miss. Ethics. Comm. Op. No. 00-117-E.

It is a violation of the state conflict of interest laws for a school board member to sell prepaid legal service agreements to the employees of the school district on a payroll deduction plan under the school district’s cafeteria plan; the violation of the section 109 will occur when the school board approves the cafeteria plan and its related agreements during the school board member’s term or within one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 00-130-E.

It is not a violation of the conflict of interest laws for a municipal school district employee to simultaneously serve as an alderman of the municipality where the school district employing him or her is located; however, such a public servant must totally and completely recuse himself or herself from subject matters concerning the school district. Op. of Miss. Ethics. Comm. Op. No. 01-003-E.

It is not a violation of the state conflict of interest laws on the part of the city’s governing authority for them to appoint an individual as a member of the municipal school district’s board of trustees when that individual’s spouse is a noninstructional employee of the municipal school district; however, when a contract of employment with the spouse is renewed or changed by the municipal school board once the proposed appointee becomes a member of the municipal school board, a definite conflict of interest will arise. Op. of Miss. Ethics. Comm. Op. No. 01-006-E.

A newly appointed school board member could continue to serve if his spouse resigned her noninstructional position with the school district at the end of the current school year and began drawing her state retirement benefits and where he was also drawing his state retirement benefits as a former employee of the school district. Op. of Miss. Ethics. Comm. Op. No. 01-011-E.

A newly appointed school board member’s spouse could not remain employed in a noninstructional position with the school district as the school board was prohibited from entering into a new employment contract with the school board member’s spouse. Op. of Miss. Ethics. Comm. Op. No. 01-011-E.

A school district could purchase flashlight batteries from a store which was managed by the spouse of a secretary employed by the school district as the school secretary had no direct or indirect control over purchases from the store managed by her spouse. Op. of Miss. Ethics. Comm. Op. No. 01-018-E.

A school district could contract with a substitute teacher’s spouse to cut down trees, repair a fence, run the clock at basketball games, or hold the yard marker indicators at football games as the substitute teacher was not in a position with the school district to have any direct or indirect control over the contracts between the school district and her spouse whereby he was engaged to provide such services. Op. of Miss. Ethics. Comm. Op. No. 01-018-E.

A school district could contract with the school secretary’s spouse to cut down trees, repair a fence, run the clock at basketball games, or hold the yard marker indicators at football games as the school secretary had no direct or indirect control over the contracts between the school district and her spouse whereby he was engaged to provide such services. Op. of Miss. Ethics. Comm. Op. No. 01-018-E.

A school district’s board of trustees is prohibited from entering into a memorandum of agreement with a nonprofit organization so that the nonprofit organization can perform its subgrantee responsibilities under a grant from the Mississippi Department of Human Services where the nonprofit organization’s executive director is the spouse of one of the school district’s trustees, and this prohibition will apply during the school district trustee’s term of office and for one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-050-E.

Where one spouse is employed as a school district’s assistant business manager and the other spouse is employed as the school district’s assistant payroll clerk, the assistant business manager spouse is prohibited from taking any actions that would result in his spouse as the school district’s assistant payroll clerk retaining and/or receiving a pecuniary benefit. Op. of Miss. Ethics. Comm. Op. No. 01-053-E.

A school district can employ its business manager’s brother as assistant business manager and its business manager’s sister-in-law as assistant payroll clerk as a brother and a sister-in-law are not relatives for purposes of the statute. Op. of Miss. Ethics. Comm. Op. No. 01-053-E.

It is not a violation of the conflict of interest laws for an elected school board member to simultaneously serve as a mayor, even though the municipality the mayor serves is located within the school district; however, the individual would be prohibited from directly or indirectly having an inherent interest and/or receiving a personal or pecuniary benefit from the school district or the municipality as a result of any contracts existing between the two governmental entities authorized during his terms of office or within one thereafter. Op. of Miss. Ethics. Comm. Op. No. 01-071-E.

A school board is prohibited from authorizing a contract with a bank to serve as its depository, or for other purposes, when a school board member has a spouse that the bank employs. Op. of Miss. Ethics. Comm. Op. No. 01-072-E.

A school district can contract with a tire company to provide the school district with its school bus tires where the company has its new service trucks used in its tire business retrofitted with equipment by another company that employs one of the school district’s board members who is its employee that actually does the retrofitting of the tire company’s service trucks as the school board member’s employing company’s retrofitting of the tire company’s new trucks is not a subcontract to the school district’s proposed contract with the tire company to provide school bus tires. Op. of Miss. Ethics. Comm. Op. No. 01-074-E.

There is no violation of the statute where the spouse of a newly appointed community college president is a teacher with the community college for the upcoming school year pursuant to a teaching contract recommended to the board of trustees and signed by an interim president prior to the new president’s appointment. Op. of Miss. Ethics. Comm. Op. No. 01-085-E.

It is not a violation of the conflict of interest laws for a county school board member to simultaneously serve as a county road manager, with the understanding that there is no statutory authority for the county school system to fund the county road department. Op. of Miss. Ethics. Comm. Op. No. 01-089-E.

A county school board member could not be employed by the county sheriff’s department as a county school resource officer where the county school board of which he was a member had entered into an agreement to pay the salary of the county school resource officer the fourth year in compliance with a grant retention requirement. Op. of Miss. Ethics. Comm. Op. No. 01-091-E.

A council member cannot participate and/or vote on the appointment of a municipal school board trustee when the council member’s spouse is employed by the same municipal school district if the vote and/or deliberation by the council member will result is a pecuniary benefit to the council member’s spouse. Op. of Miss. Ethics. Comm. Op. No. 01-117-E.

A school board may not enter into a new employment contract with the spouse of a newly elected school board member once the board member takes office; however, it is possible, although not prudent, for the board member’s spouse to complete her current employment contract without the board member violating the state conflict of interest laws. Op. of Miss. Ethics. Comm. Op. No. 01-125-E.

A community college may purchase adjoining real property from an employee’s spouse and the employee’s spouse’s partner where the employee is not an owner, investor nor in any other way interested in the property other than through the spouse’s half ownership. Op. of Miss. Ethics. Comm. Op. No. 02-015-E.

A school board member’s spouse may not contract with the school district to perform electrical work. Op. of Miss. Ethics. Comm. Op. No. 02-031-E.

A school board member’s spouse’s partner can form a business separate from his and the school board member’s spouse’s existing business, and his separate business may contract with the school district to perform electrical work. Op. of Miss. Ethics. Comm. Op. No. 02-031-E.

A member of an advisory committee for the University of Mississippi Medical Center School of Health-Related Professions, Department of Dental Hygiene, may also serve on the Mississippi State Board of Dental Examiners. Op. of Miss. Ethics. Comm. Op. No. 02-037-E.

An individual may be employed with the state Department of Human Services also serve on a county school board. Op. of Miss. Ethics. Comm. Op. No. 02-046-E.

A state university may purchase from a company that employs the girlfriend of the university’s purchasing agent. Op. of Miss. Ethics. Comm. Op. No. 02-052-E.

A state university may not purchase from a company where the sales manager for the company is the university’s purchasing agent’s spouse. Op. of Miss. Ethics. Comm. Op. No. 02-052-E.

A school board member may not vote to employ his or her spouse, minor child, or other relative living in the school board member’s household, and also may vote to employ his financially independent child or parent; however, a school board member may vote to employ a relative, other than a spouse, child, or parent, when the school board member and the relative are financially independent of each other and when the school board member is not interested in the relative’s employment contract with the school district. Op. of Miss. Ethics. Comm. Op. No. 02-064-E.

A superintendent of education’s spouse, child, or parent can be employed as a certificated employee by a school board if the school board has established a policy to authorize the school board’s designee to recommend no more than two positions per employment period for each school and the position of the spouse, child, or parent of the superintendent is one such position. Op. of Miss. Ethics. Comm. Op. No. 02-064-E.

It is not as such a violation of the conflict of interest laws for a county school board member to simultaneously serve as an employee of the county board of supervisors so long as there exist no contracts between the two governmental entities, the county and the county school district, in which the county school board member would have an inherent interest and/or a private pecuniary benefit. Op. of Miss. Ethics. Comm. Op. No. 02-069-E.

Employment of an elected county school board of education member by the county as county community service director supervising prisoners under a program established by the circuit court judge for prisoners to perform community service under the jurisdiction of the circuit court would not violate conflict of interest statutes. Op. of Miss. Ethics Comm. Op. No. 02-080-E.

A school board member’s spouse is prohibited by Miss. Const. Art. 4, § 109 and §25-4-105(2) from performing work and receiving living allowances and education awards provided by the national service program related to the regional service program’s contract with the school district concerning the district’s early head start program. Op. of Miss. Ethics Comm. Op. No. 02-084-E.

A school district is not prohibited from purchasing pre-game meals for its ball teams from the booster club that has as its members some of the teachers of the school system. Op. of Miss. Ethics Comm. Op. No. 02-091-E.

A school may not purchase pre-game meals for its ball teams from a business in which a teacher has a personal and pecuniary interest. Op. of Miss. Ethics Comm. Op. No. 02-093-E.

14. Hospital, health care.

No violation exists where members of community hospital board of trustees and its administrative employees serve as members, board members or officers of non-profit corporation organized by hospital to provide patient health care services. As long as trustees and employees are compensated by hospital according to state law rather than non-profit corporation, they would have no prohibited interest in any contracts between hospital and non-private corporation nor any material financial interest in such non-profit corporation, and their interest in corporation would be to represent hospital’s interest and concerns. However, once partnership is formed, contracts between hospital and partnership would effectively preclude any hospital trustee, employee or agent from becoming investor, whether directly or indirectly, in partnership. Also, public servants of hospital would not be allowed to become employees of partnership or of any facility owned by partnership. Moreover, any doctor who is classified as independent contractor with hospital should analyze his or her contract prior to becoming associated with partnership to ensure that he or she is not public servant of hospital; nature and scope of each contract would determine whether given doctor is independent contractor or public servant. Op. of Miss. Ethics Comm. Op. No. 92-048-E.

No violation exists where members of community hospital board of trustees and its administrative employees serve as members, board members or officers of non-profit corporation organized by hospital to provide patient health care services. As long as trustees and employees are compensated by hospital according to state law rather than non-profit corporation, they would have no prohibited interest in any contracts between hospital and non-private corporation nor any material financial interest in such non-profit corporation, and their interest in corporation would be to represent hospital’s interest and concerns. However, once partnership is formed, contracts between hospital and partnership would effectively preclude any hospital trustee, employee or agent from becoming investor, whether directly or indirectly, in partnership. Also, public servants of hospital would not be allowed to become employees of partnership or of any facility owned by partnership. Moreover, any doctor who is classified as independent contractor with hospital should analyze his or her contract prior to becoming associated with partnership to ensure that he or she is not public servant of hospital; nature and scope of each contract would determine whether given doctor is independent contractor or public servant. Op. of Miss. Ethics Comm. Op. No. 92-048-E.

Member of county board of supervisors simultaneously employed by county hospital of same county would have prohibited interest in contract authorized by the board of which he is a member. Provisions would be violated should described circumstances exist subsequent to start of new budget cycle, whereas prior to such start of budget cycle no violation would occur since employment in question had been authorized prior to the supervisor’s taking office. Same principles would apply to any new contracts authorized between hospital and board of supervisors or as to any such items requiring action on part of board, such as hospital’s budget, contracts which include payment to hospital for services or of interest to all employees of hospital, as their sustenance is in part derived from such contract. Only complete recusal on part of supervisor in all board deliberations and voting as to matters involving hospital, including appointment of its trustees, will avoid violation as to code subsection (1), but recusal removes only the vote, and not the prohibited interest subject to constitutional Section 109 and code §25-4-105(2). (Commission also recommended that office of Attorney General be contacted as to applicability of Constitutional separation of powers doctrine as Commission lacks authority to interpret that provision.) Op. of Miss. Ethics Comm. Op. No. 92-231-E.

Legislator may not become employed as consultant to home health agency, because of potential for agency to receive funds authorized by legislature. Op. of Miss. Ethics Comm. Op. No. 93-076-E.

Ethics Laws prohibit nurse employed as state division director of program from becoming employed during off hours by private nursing agency which has provider agreement with division, and which also operates in part under plans of care which are improved by same nurse. To avoid violation, it would be necessary for nurse to completely remove herself from any official functions dealing with private employer; however, even such measure would be ineffective as to application of subsection (3)(a). Op. of Miss. Ethics Comm. Op. No. 93-161-E.

It would be difficult for nurse employed as state division director of program from becoming employed by private medical doctor who is not under provider agreement or plan of care but who does receive Medicaid reimbursement, since, although private off-hours employment with private agency which is neither under provider agreement, plan of care for children, or supervision or inspection of division nor receives Medicaid reimbursement, would not in and of itself violate ethics laws, such employment should be subject to periodic review so that due to any intervening facts one or more code sections are not violated. Op. of Miss. Ethics Comm. Op. No. 93-161-E.

A county tax assessor/collector may serve on the board of trustees of the community hospital owned by his county. The tax assessor/collector was cautioned regarding Sections 25-4-101 and 25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 95-103-E.

County community hospital trustees may not promote and encourage other trustees to vote for a donation to a non-profit foundation of which they are officers and members if the non-profit foundation is a “business with which they are associated” as it would violate §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-024-E.

A county owned community hospital may not use as its depository a bank that one of the members of the hospital’s board of trustees serves on as an officer or employee as it violates Constitutional Section 109 and §25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 96-045-E.

The administrators or chief executive officers of public community hospitals may accept appointments and serve on the board of directors or as officers of a nonprofit corporation established as a rural health network by their respective public community hospitals provided the network does not compensate them. Op. of Miss. Ethics Comm. Op. No. 96-059-E.

Administrative employees of public community hospitals, but not the administrator or chief executive officer, may accept appointments and serve on the board of directors or as officers of a managed care organization, or other affiliated corporations, established by a rural health network that was itself established by their respective public community hospitals provided the managed care organizations or other corporations do not compensate them. Op. of Miss. Ethics Comm. Op. No. 96-059-E.

The boards of trustees of public community hospitals may contract with managed care organizations, or other affiliated corporations, that have the hospitals’ administrative employees serving as directors and officers and that were established by a rural health network that was itself established by these same hospitals, provided the managed care organizations or other corporations do not compensate the hospitals’ administrative employees. However, the board was cautioned regarding Constitutional Section 109 and §25-4-105(1), (2), (3)(a) and (5). Op. of Miss. Ethics Comm. Op. No. 96-059-E.

Constitutional Section 109 and §25-4-105(2) prohibit a sitting member of the board of trustees of a county owned hospital from accepting the position of hospital administrator with the county owned hospital during the member’s term or within one (1) year after the expiration of the member’s term. Op. of Miss. Ethics Comm. Op. No. 96-093-E.

Constitutional Section 109 and §25-4-105(2) prohibit a county supervisor’s pharmacy from providing medication to the community hospital owned by the county he serves. Op. of Miss. Ethics Comm. Op. No. 96-097-E.

An individual may not provide medical treatment to inmates under a contract between a community hospital, a private prison and the governmental authority over the private prison when the individual is a board member of the governmental authority. Op. of Miss. Ethics. Comm. Op. No. 97-147-E.

A physician member of a board of trustees of a community hospital may not intentionally use or disclose nonpublic information gained as a member of the board of trustees that could result in a pecuniary benefit for himself, his company or his company’s center. Op. of Miss. Ethics. Comm. Op. No. 97-150-E.

A physician member of a board of trustees of a community hospital attempting to persuade the board of trustees to reconsider its vote to begin the process of looking at alternatives for recruiting an additional physician that would practice in the same field as the physician member has the potential to create suspicion among the public and reflecting unfavorably upon the community hospital. Op. of Miss. Ethics. Comm. Op. No. 97-150-E.

A member of a community hospital’s board of trustees is prohibited from purchasing an interest in a limited liability company that will own 50% of another limited liability company when the remaining 50% ownership interest will be purchased by a nonprofit corporation to which the community hospital’s board of trustees authorizes financial assistance and appoints its board members. Op. of Miss. Ethics Comm. Op. No. 98-005-E.

Employees of the manager of a community hospital who serve as the community hospital’s chief executive officer and chief financial officer under the manager’s contract with the community hospital may simultaneously serve as uncompensated board members and officers of a nonprofit corporation organized and operated exclusively to promote health and healthcare in the community hospital’s service area even though the nonprofit corporation will receive financial assistance and grants from the community hospital. Op. of Miss. Ethics Comm. Op. No. 98-005-E.

A former member of the State Board of Nursing Home Administrators may serve as an expert witness in litigation that involves a question of care given to a resident of a nursing home when the time period of the alleged incident coincides with five months of the former member’s term on the State Board so long as the former member was not directly concerned with or personally participated in any case, decision, proceeding or application relating to not only this particular instance concerning the care given this particular resident, but also the general care given by this particular nursing home to its general patient population. Op. of Miss. Ethics Comm. Op. No. 98-11-E.

A community hospital may contract with an electrical contracting company when the company is owned by the parents of the community hospital’s senior vice president’s son-in-law and the company employs the community hospital’s senior vice president’s son-in-law where, after a legitimate competitive bid process, the parents’ company is determined to be the lowest and best bid. Op. of Miss. Ethics Comm. Op. No. 98-054-E.

This section does not apply to a member of the Board of Chiropractic Examiners who performs independent medical examinations and/or testifies in court as an expert witness on claims of one of the chiropractors practicing in the State. Op. of Miss. Ethics Comm. Op. No. 98-079-E.

A state executive officer may continue in private practice in a specific field of medicine after accepting a public position that gives the state executive officer regulatory powers and duties regarding the specific field of medicine and its practitioners, so long as he totally and completely recuses himself from any duty or responsibility as a state executive officer that concerns his practice or his clients. Op. of Miss. Ethics Comm. Op. No. 98-081-E.

A community hospital trustee should recuse himself in an appeal before the hospital board concerning a doctor-trustee’s unfavorable decision regarding his admitting privileges and practice where the trustee is president of the local bank with which the doctor-trustee has a number of loans and where the trustee’s ex-spouse is employed and compensated by a management company for work she does for the doctor-trustee under a contract between the management company and the doctor-trustee. Op. of Miss. Ethics Comm. Op. No. 98-121-E.

Article IV, Section 109 of the Constitution and subsection (2) of this section absolutely prohibit a community hospital board member from purchasing community hospital surplus property during his or her term and for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 99-009-E.

It is not a violation of the state conflict of interest laws for a community hospital to continue to use an advertising and public relations corporation for its regularly required services, nor to accept specific proposals submitted by the advertising and public relations corporation, even though the corporation’s chairman and chief executive officer is the brother-in-law of the community hospital’s new president. Op. of Miss. Ethics Comm. Op. No. 99-031-E.

A community hospital may release monies legally due a physician/community hospital trustee from patients when such monies were erroneously and wrongfully collected by the community hospital from the patients by way of a previously cancelled contract between the community hospital and the physician/community hospital trustee. Op. of Miss. Ethics Comm. Op. No. 99-088-E.

A community hospital is prohibited from using a bank as its depository or from contracting in any other way with a bank when either a member or spouse of a member of the community hospital’s board of trustees is also a member of the bank’s board of directors. Op. of Miss. Ethics Comm. Op. No. 99-093-E.

It was not a violation of the state conflict of interest laws for former members of a community hospital board of trustees to be appointed to the board of directors of the nonprofit, charitable foundation established to carry out a county board of supervisors’ grant of public power to provide necessary and proper relief and support to the county’s poor and to expend public funds for treatment of the indigent sick and to promote public health in the county. Op. of Miss. Ethics. Comm. Op. No. 99-103-E.

A nonprofit corporation, whose board of directors included all or some of the members of a board of trustees of a community hospital, could not lease the community hospital from the county board of supervisors as the board of trustees’ actions to establish the nonprofit and to appoint themselves members of its board of directors under the facts and circumstances presented would in fact result in those actions being a part of the authorization of the lease contract for the community hospital. Op. of Miss. Ethics. Comm. Op. No. 99-123-E.

The president of a community hospital may not serve simultaneously as a member of the board of directors of the community hospital’s depository if the president of the community hospital has a material financial interest in the community hospital’s depository. Op. of Miss. Ethics. Comm. Op. No. 99-129-E.

Employees of a state hospital may serve on the board of directors of a corporation that provides physician coverage in emergency departments of hospitals as long as they are not compensated for serving on the board of directors; should the administrative personnel of the state hospital be compensated for serving on the corporation’s board, then they could be in violation of the statute if the compensation resulted in the state hospitals’ administrative employees having a material financial interest in the corporation. Op. of Miss. Ethics. Comm. Op. No. 00-060-E.

The director of an emergency ambulance service is prohibited from serving on the E-911 commission if the emergency ambulance service contracts with the county to provide E-911 services. Op. of Miss. Ethics. Comm. Op. No. 00-092-E.

A nurse of a regional hospital is not prohibited from being a county E-911 commissioner; however, a violation of the statute would occur should a future contract between the regional hospital and the county for E-911 services be entered into. Op. of Miss. Ethics. Comm. Op. No. 00-092-E.

A business owned by an employee of a community hospital cannot contract with the community hospital. Op. of Miss. Ethics. Comm. Op. No. 01-029-E.

A business owned by the former director of pharmaceutical services of a community hospital could contract with the community hospital within one year of his resignation. Op. of Miss. Ethics. Comm. Op. No. 01-029-E.

The appointment of the parent to the board of trustees of the community hospital can certainly result in a violation of the state conflict of interest laws due to the child’s employment with the community hospital; in order for the potential hospital trustee to avoid a violation of the section, the potential hospital trustee’s child must be totally and completely financially independent from the potential hospital trustee and the potential hospital trustee must have no interest, direct or indirect, in the child’s employment contract with the county hospital. Op. of Miss. Ethics. Comm. Op. No. 01-056-E.

A community hospital is prohibited from contracting with a physician to pay his moving and relocation expenses and a portion of his student loans where the physician will be employed by the medical clinic in which the hospital trustee is an equity member. Op. of Miss. Ethics. Comm. Op. No. 01-062-E.

15. Judge, judicial employee.

Conflict of interest laws do not permit Chancellor to lease private law office property to county for use of court administrator whose existence was created by an order of the Chancellor. Op. of Miss. Ethics Comm. Op. No. 89-98-E.

Chancellor may sell private law office real property to third party and thereafter lease same or part of same premises for his own use and use of court administrator whose existence was created by an order of the Chancellor, such lease to be at county expense; however such arrangement is permissible only if sale to disinterested third-party is absolute and final with no future options and not contingent upon any future action of Chancellor, and the space leased from third party would be that for use by the Chancellor. Chancellor must not be placed into any position of receiving pecuniary benefit prohibited by section. Op. of Miss. Ethics Comm. Op. No. 89-98-E.

Ethics in Government laws prohibit newly elected county supervisor from having spouse employed as deputy justice court clerk. Violations would occur once board adopts annual budget after newly elected supervisor takes office. Underlying rationale is principle that any interest of one spouse accrues to other spouse. Op. of Miss. Ethics Comm. Op. No. 91-111-E.

Service of writs or summons by deputy circuit clerk during her regular working hours would constitute use of her official position for pecuniary benefit in violation of code. To serve writs or process without violating subsection (1), such activity must be devoid of such factors as use of official position, county facilities and county telephones, etc, during regular working hours. Op. of Miss. Ethics Comm. Op. No. 93-142-E.

A county may pay the office telephone and utility costs for the court administrator’s office when the office space and related furnishings are owned by the circuit judge, as long as the telephone and utility services are in the name of the court administrator’s office and are used solely for court administrator duties. Op. of Miss. Ethics Comm. Op. No. 95-013-E.

A circuit judge may not issue an order that the court administrator’s office be located in property titled to the circuit judge. Op. of Miss. Ethics Comm. Op. No. 95-013-E.

Deputy justice court clerks that own and operate a defensive driving school may accept traffic violators ordered to attend such a school as part of their sentence by a justice court judge serving the deputy clerk’s employer/county, provided the clerk does not use his or her official position to influence a justice court judge to order traffic violators to attend the school in question. Op. of Miss. Ethics Comm. Op. No. 95-054-E.

A county board of supervisors may employ the child of the county’s justice court clerk as a part time deputy justice court clerk. However, the board was cautioned regarding §25-4-101 and §25-4-105(1) and (5). Op. of Miss. Ethics Comm. Op. No. 96-069-E.

A justice court judge may not contract to serve as an auctioneer for a joint auction held by a municipality and the county the justice court judge is elected to serve because it would violate §25-4-105(3)(a). Op. of Miss. Ethics Comm. Op. No. 96-070-E.

The conflict of interest laws do not prohibit a city council member from resigning his position on the city council and immediately accepting the position of city municipal judge, as the municipal judge position is a “public office” and therefore not held by contract. Op. of Miss. Ethics Comm. Op. No. 97-003-E.

A chancery court judge is not prohibited from leasing office space to the Probation and Parole office if the lease contract is entered into after at least three or more legitimate bids are received and a determination is made that the requestor’s bid is the lowest and best bid. Op. of Miss. Ethics Comm. Op. No. 97-138-E.

A county may not purchase from a service center owned by an individual serving as one of the county’s justice court judges. Op. of Miss. Ethics. Comm. Op. No. 97-141-E.

A city may purchase from a service center owned by an individual that is serving as a justice court judge in the county in which the city is located; however, the justice court judge will be required to recuse himself from any matter coming before the county justice court that concerns a city that does business with the justice court judge’s company. Op. of Miss. Ethics. Comm. Op. No. 97-141-E.

A city judge may not serve as an assistant to the mayor in the capacity of economic development specialist. Op. of Miss. Ethics Comm. Op. No. 98-067-E.

It is not a violation of the state conflict of interest laws for an individual to serve as circuit clerk when the individual’s spouse is an attorney who handles civil and criminal cases in the Circuit Court. Op. of Miss. Ethics Comm. Op. No. 98-092-E.

Subsection (3)(a) of this section prohibits a county justice court administrator from being employed by either a driving academy or a collection agency if the driving academy or the collection agency are contractors, subcontractors, or vendors with the county and if the administrator’s employment with either the driving academy or the collection agency results in his having a material financial interest in either business. Op. of Miss. Ethics Comm. Op. No. 98-115-E.

An individual who is serving as both the municipal clerk and the municipal court clerk may also simultaneously serve as a county justice court judge. Op. of Miss. Ethics Comm. Op. No. 99-016-E.

A circuit judge may lease office space to a state agency if the lease contract is entered into because the circuit judge’s building is one of just two or fewer commercial sources reasonably available to the state agency and the lease agreement complies with the state’s public purchases laws. Op. of Miss. Ethics Comm. Op. No. 99-020-E.

The state conflict of interest laws do not prohibit a city employee from remaining an employee of the city while a candidate for the office of justice court judge. Op. of Miss. Ethics Comm. Op. No. 99-021-E.

It is not a violation of the state conflict of interest laws for a state employee to be appointed to the position of justice court judge by the board of supervisors for a designated period of time; however, the state employee, if appointed to the position of justice court judge for the designated period of time, can not be involved in any cases directly or indirectly concerning the state agency or directly or indirectly concerning any individuals or their family members that the state employee has dealt with in regard to his or her duties with the state agency. Op. of Miss. Ethics Comm. Op. No. 99-025-E.

An individual employed by the Department of Human Services through a contract with the Department to find and help certain clients with employment may also simultaneously be a candidate for, and, if elected, serve as, a justice court judge since the position of justice court judge is a county office and the county and the state are separate governmental entities. Op. of Miss. Ethics Comm. Op. No. 99-036-E.

It is not as such a violation of the state conflict of interest laws for the child of a Chancery Court Judge to serve, if elected, as the chancery clerk of a county that is within the Chancery Court District that the father serves as Chancellor. Op. of Miss. Ethics Comm. Op. No. 99-043-E.

A title abstracting company that is owned by a chancery clerk is precluded from doing title abstracting work in the chancery clerk’s office of the county its owner serves as chancery clerk. Op. of Miss. Ethics Comm. Op. No. 99-049-E.

Deputy circuit clerks may not be employed by the executive committees and paid by the county to work in the election center on the night of elections where the deputy circuit clerks’ duties with the executive committees are not duties that would be considered the statutory duties of a circuit clerk or a deputy circuit clerk. Op. of Miss. Ethics Comm. Op. No. 99-066-E.

A justice court judge is not as such prohibited by the Ethics in Government laws from being employed by the State of Mississippi. Op. of Miss. Ethics Comm. Op. No. 99-084-E.

A justice court judge serving on the county’s community hospital’s board of trustees is not as such prohibited by the conflict of interest laws. Op. of Miss. Ethics Comm. Op. No. 99-101-E.

If the contracts a county has with a bank are limited solely to the bank purchasing bonds, notes, or other evidences of debt from the county or to the bank serving as the county depository, then the bank may contract with the county for these limited purposes even though a county justice court judge is employed by the corporation that owns the bank. Op. of Miss. Ethics. Comm. Op. No. 99-118-E.

An insurance agency which employs a justice court judge may contract with the county only if goods or services being provided by the insurance agency are reasonably available from two or fewer commercial sources and the transactions comply with the public purchases laws. Op. of Miss. Ethics. Comm. Op. No. 99-118-E.

An individual elected to serve the county as a justice court judge cannot also be employed by the sheriff and compensated by the county as director of the county juvenile detention center. Op. of Miss. Ethics. Comm. Op. No. 99-127-E.

It is not a violation of the state conflict of interest laws for a county justice court clerk to be simultaneously employed by a city as a part-time city court clerk; however, the county justice court clerk would be prohibited, while employed as a part-time city court clerk, from maintaining the city’s court records on the county justice court’s computer system. Op. of Miss. Ethics. Comm. Op. No. 00-093-E.

A county justice court judge can contract with the county school district located within the county the justice court judge is elected to serve because the general county governmental entity and the county school district are separate governmental entities for purposes of the state conflict of interest laws. Op. of Miss. Ethics. Comm. Op. No. 00-131-E.

A body shop owned by a justice court judge is prohibited from doing repair work on the county’s vehicles operated by the sheriff’s department. Op. of Miss. Ethics. Comm. Op. No. 01-027-E.

It is not a violation of the state conflict of interest laws for a body shop owned by a justice court judge to do business with a city that is located in the county the justice court judge is elected to serve; however the judge would be required to recuse himself from any matter coming before the county justice court that concerned the city that does business with the body shop. Op. of Miss. Ethics. Comm. Op. No. 01-027-E.

A circuit judge can simultaneously employ two spouses in positions with a drug court program, one as a case management person and one as a coordinator/record keeper, if neither is a relative of the circuit judge and neither has supervisory power over the other. Op. of Miss. Ethics. Comm. Op. No. 01-042-E.

A justice court clerk and/or her spouse may operate a collection agency that collects unpaid delinquent case balances for justice courts and municipal courts, excluding the justice court for which the court clerk currently works. Op. of Miss. Ethics. Comm. Op. No. 02-013-E.

An individual who is serving as director of a county juvenile temporary holding facility by appointment from the youth court judge may also serve as a justice court judge appointed by the county board of supervisors to fill the unexpired term in the position of justice court judge. Op. of Miss. Ethics. Comm. Op. No. 02-032-E.

An individual serving as the county public defender may also serve as a justice court judge appointed by the county board of supervisors to fill an unexpired justice court judge’s term. Op. of Miss. Ethics Comm. Op. No. 02-097-E.

16. Law enforcement.

Ethics laws would be violated should sheriff employ his spouse. Sheriff’s office is not a separate authority, but part of county government. Board of supervisors must authorize sheriff’s expenditures, including the hiring of employees, predicated on recommendation of sheriff. Such recommendation or hiring by sheriff constitute use of his official position to obtain pecuniary benefit in violation of code. Op. of Miss. Ethics Comm. Op. No. 92-085-E.

Ethics violation exists where person is elected alderman whose spouse is sergeant on city’s police department. Once city’s annual budget is adopted or like official action takes place which affects spouse of alderman, a violation of Constitutional Section 109 and Code Section 25-4-105(2) will occur. Op. of Miss. Ethics Comm. Op. No. 92-111-E.

Since county school system, pursuant to §25-4-103(a), is separate authority from that of county proper, which includes board of supervisors, sheriff’s office, and other divisions, county sheriff and employee of county Law Enforcement Agency may own and operate business, such as private security business, which contracts with county school system, so long as other provisions are not violated. However, Commission points out strong potential for abuse, concerning, for instance, use of confidential information and licensing of private security company employees to carry weapons. Another concern is almost certain appearance of impropriety that would arise. Op. of Miss. Ethics Comm. Op. No. 93-225-E.

A former alderman who resigned to become employed as a town policeman has an interest in the contract, authorized by his board, to adopt the budget from which the salary is paid, and therefore is prohibited from such employment for his current term or within one year after the termination of the term. Op. of Miss. Ethics Comm. Op. No. 94-096-E.

A full-time state hospital security guard may also be elected and serve as a county constable as long as the duties and responsibilities of each remain separate. The official position as a guard must not be used for a pecuniary benefit as to the performance of duties as constable, and as a candidate the guard must not campaign while on duty at the hospital and must not use any of the hospital facilities or equipment for campaign purposes. Op. of Miss. Ethics Comm. Op. No. 94-097-E.

A municipality’s acting chief of police may qualify as a candidate for justice court judge without taking a leave of absence. Op. of Miss. Ethics Comm. Op. No. 95-010-E.

A municipal police officer may qualify as a candidate for sheriff without taking a leave of absence. Op. of Miss. Ethics Comm. Op. No. 95-010-E.

A sheriff’s department may not lease from one of its deputy sheriffs a motor vehicle for use as a drug protection canine unit for $1.00 a month and provide the necessary liability and collision insurance coverage. Op. of Miss. Ethics Comm. Op. No. 95-019-E.

A sheriff may not retain his spouse as an employee after their marriage. Op. of Miss. Ethics Comm. Op. No. 95-022-E.

It is not a violation of the conflict of interest laws if a dispatcher is employed by a county sheriff’s department, is a licensed bail bond agent, and is writing bail bonds returnable to judicial and law enforcement entities other than those of his or her employing county. However, the dispatcher was cautioned as to §25-4-105(1) and (5) and the prohibition in §25-4-105(3)(a) concerning writing bail bonds to entities of the employing county. Op. of Miss. Ethics Comm. Op. No. 95-064-E.

A municipality accepting donations for its police department that come from a bingo game operated by a nonprofit corporation located within the municipality when it is properly licensed by the state does not violate the conflict of interest laws. However, it has the appearance of an impropriety contrary to Code Section 25-4-101. Op. of Miss. Ethics Comm. Op. No. 95-084-E.

A child of a police chief may under certain circumstances become a police officer with the police chief’s municipality. The police chief was cautioned regarding Sections 25-4-101 and 25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 95-099-E.

A county deputy sheriff may be appointed town marshal of a municipality located within the county employing the deputy sheriff. However, the deputy sheriff was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-017-E.

A constable may not purchase a surplus sheriff’s vehicle from the county he serves as it would violate §25-4-105(3)(b). Op. of Miss. Ethics Comm. Op. No. 96-021-E.

The forming of a monthly club and charging a fee by a sheriff to provide information about the sheriff’s department is prohibited by §25-4-105(1) and contrary to the public policy in §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-079-E.

Constitutional Section 109 and §25-4-105(2) prohibit an alderman from providing services to his or her municipality and being compensated for the services. Op. of Miss. Ethics Comm. Op. No. 96-084-E.

A police officer’s father’s wrecker service contracting with the police officer’s municipality is prohibited if the police officer uses his position to obtain the municipality’s business for his father’s wrecker service and/or has a material financial interest in the wrecker service in violation of §25-4-105(1) and (3)(a). The officer was also cautioned regarding §25-4-101. Op. of Miss. Ethics Comm. Op. No. 96-084-E.

Constitutional Section 109 and §25-4-105(2) prohibit a county deputy sheriff from serving as a city council member when the county sheriff’s department and the city contract through an interlocal governmental agreement for the county sheriff’s department to provide police protection for the city. Op. of Miss. Ethics Comm. Op. No. 97-056-E.

A law enforcement officer in the employ of the state may serve as a part-time law enforcement officer in the employ of a municipality. Op. of Miss. Ethics. Comm. Op. No. 97-153-E.

A municipality may institute a policy and procedure that absolutely prohibit the municipality’s law enforcement employees from working in the private sector in certain fields such as private investigations and process serving. Op. of Miss. Ethics. Comm. Op. No. 97-164-E.

A municipal employee, such as a police officer, is not prohibited from being elected to the position of constable and thereafter serving as constable in the county that the municipality employing the candidate is located. Op. of Miss. Ethics Comm. Op. No. 98-003-E.

A constable may do private investigative work for an indigent defendant in a capital murder case in a county other than the county the constable is elected to serve when appointed to do so by the Circuit Court. Op. of Miss. Ethics Comm. Op. No. 98-007-E.

Subsection (3)(a) of this section prohibits a city’s part-time police officer and dispatcher who also operates an auto repair shop from being paid by the city to service and repair its vehicles at his auto repair shop. Op. of Miss. Ethics Comm. Op. No. 98-103-E.

A city is prohibited from purchasing tires and tire repair services for the police department from the police chief’s son’s tire business due to the actions and involvement of the police chief where the police chief told the city clerk that he wanted the purchases for the police department to be made from his son’s tire business and also that the police chief became indignant with the city clerk when she questioned the appropriateness of the city purchasing tires and tire repair services for the police department from the police chief’s son’s business. Op. of Miss. Ethics Comm. Op. No. 98-123-E.

The state conflict of interest laws do not prohibit a county constable and the county constable’s spouse, or any law enforcement officer and law enforcement officer’s spouse, from owning and operating a bail bonding company; however, a county constable and the county constable’s spouse, through a bail bonding company owned and operated by the county constable and/or the county constable’s spouse, are prohibited from writing bail bonds for the release of defendants in the custody of the county that the constable serves. Op. of Miss. Ethics Comm. Op. No. 99-003-E.

After resigning or retiring, a former county deputy sheriff may be appointed to the office of chief of police of a municipality located within the county which employed the deputy sheriff. Op. of Miss. Ethics Comm. Op. No. 99-004-E.

A police officer may serve in the elected position of constable since a municipality and a county are separate governmental entities for purposes of the Ethics in Government Law. Op. of Miss. Ethics Comm. Op. No. 99-005-E.

It is not a violation of the state conflict of interest laws for the spouse of a sheriff to be an employee of the board of supervisors of the same county the sheriff is elected to serve, since the sheriff has no legal authority in decisions concerning the board of supervisors’ employees; however, the sheriff must completely avoid any involvement in the board of supervisors’ decisions concerning his spouse, especially with regard to her compensation or employment benefits. Op. of Miss. Ethics Comm. Op. No. 99-013-E.

A full-time county road department employee may not be separately hired by the sheriff and compensated by the county for services rendered the sheriff’s department of the county as a part-time guard of lunacy pre-commitment patients who are held in a privately-owned local hospital under chancery court order. Op. of Miss. Ethics Comm. Op. No. 99-028-E.

A municipal police officer may be a private process server during his off-duty hours, but may not (1) use any municipal equipment, facilities, information or authority, especially his sworn law enforcement authority, in performing his private process serving work, (2) contract with the municipality employing him, including contracts where the process serving services are paid for with the municipality’s funds, and (3) use or disclose nonpublic information gained in the course of or by reason of his official employment with the municipality in any way in performing his private process serving work. Op. of Miss. Ethics Comm. Op. No. 99-041-E.

It is not a violation of the state conflict of interest laws for an individual to be employed as a police officer by two different cities when the individual will not work both jobs simultaneously or during the same hours. Op. of Miss. Ethics Comm. Op. No. 99-080-E.

A bail bonding company owned by the spouse of a constable/police officer is prohibited by subsection (3)(a) from writing bail bonds for the release of defendants confined in the jail of the county served by the constable and the city jail of the city served by the police officer unless the income in question is solely that of the constable/police officer’s spouse and the constable/police officer exercises no control, direct or indirect, over the contract between the spouse and the county or city. Op. of Miss. Ethics. Comm. Op. No. 99-092-E.

A law enforcement officer’s spouse is not as such prohibited by the conflict of interest laws from writing bail bonds for the release of defendants confined in the jail of the law enforcement officer’s entity as a soliciting bail agent for a bail bond company if neither the law enforcement officer nor his spouse is an officer, director, or partner in the bail bond company and they have no ownership interest in the bail bond company; however, the law enforcement officer must totally and completely remove himself from the approval of any surety bail bond with which she or her bail bond company employer is associated. Op. of Miss. Ethics. Comm. Op. No. 99-106-E.

An individual cannot be paid by the Department of Human Services to serve summons as a constable unless and until such time as specific statutory authority exists to allow same. Op. of Miss. Ethics. Comm. Op. No. 00-018-E.

It is not a violation of the state’s conflict of interest laws for a full-time security officer in the employ of a state university to serve as a part-time auxiliary police officer in the employ of a city. Op. of Miss. Ethics. Comm. Op. No. 00-083-E.

A full-time radio dispatcher for the Mississippi Highway Safety Patrol can also be employed by a county sheriff’s department as a part-time deputy sheriff; however, the individual would be prohibited from being paid both as a radio dispatcher for the Mississippi Highway Safety Patrol and/or as a part-time county deputy sheriff during the same work schedule for carrying out his duties with the state and/or county. Op. of Miss. Ethics. Comm. Op. No. 00-091-E.

It is not a violation of the state conflict of interest laws for a city police department employee to serve as a county E-911 commissioner; however, the city police department employee would have a prohibited interest in the E-911 contract between the city and the county authorized by the E-911 commission of which he or she was a member if his duties as a city police department employee were related to the E-911 contract. Op. of Miss. Ethics. Comm. Op. No. 00-092-E.

It is not a violation of the state conflict of interest laws for a county E-911 commissioner’s son to be employed by the county sheriff’s department; however, a violation of the section would occur if the E-911 service contracted with the county sheriff’s department to provide E-911 services and the son’s employment with the county sheriff’s department related to the E-911 service contract with the county sheriff’s department if the facts were such that the E-911 commissioner had an interest in the son’s employment contract with the county sheriff’s department. Op. of Miss Ethics. Comm. Op. No. 00-092-E.

A deputy sheriff is prohibited from serving as an alderman if and when the city during his term or within one year thereafter enters into an interlocal agreement with the county in which he would have a private pecuniary interest, such as the county sheriff’s department providing police protection or jail services to the city. Op. of Miss. Ethics. Comm. Op. No. 00-094-E.

A local law enforcement officer will not be in violation of the statute when serving as a noncompensated special contract agent for the Bureau of Narcotics if the local governmental entity does not compensate him or her for work as a special contract agent. Op. of Miss. Ethics. Comm. Op. No. 00-095-E.

A city police officer’s employment as a part-time deputy sheriff is not a violation of the conflict of interest laws; however, he would be prohibited from using the supplies, equipment, vehicles, and other resources available to him as a city police officer to carry out his duties as a part-time deputy sheriff for which he was being personally compensated, and he would be prohibited from being paid both as a city police officer and/or as a part-time deputy sheriff during the same work schedule for carrying out law enforcement functions within the city and/or county. Op. of Miss. Ethics. Comm. Op. No. 00-096-E.

A sheriff’s step-daughter cannot be employed as a correctional officer by the regional jail facility where he is the chief corrections officer as he would not be able to carry out his mandated statutory duties without using his position to allow his step-daughter to receive or retain a pecuniary benefit. Op. of Miss. Ethics. Comm. Op. No. 00-108-E.

The parent of a dispatcher for the city police department can write bail bonds for the release of defendants confined in the city’s jail unless the child has a personal or pecuniary interest in the bail bonding company that results in a material financial interest; to be certain that a violation of the statute did not occur, the city would be required to establish rules and regulations that absolutely precluded police department employees’ involvement in the bail bond process when those employees were the parents or children of bail bond company employees or agents. Op. of Miss. Ethics. Comm. Op. No. 00-114-E.

A police officer is prohibited from contracting with his city employer to perform a service for compensation in addition to the police officer’s normal salary, including an off-duty police officer serving “failure to appear” and “old fines” warrants for the city court. Op. of Miss. Ethics. Comm. Op. No. 01-005-E.

An individual employed by the county sheriff’s department as a courtroom bailiff can simultaneously serve as an alderman with the city; however, the bailiff would be required to recuse himself from all matters coming before the board of aldermen that concerned his county employer if he was elected. Op. of Miss. Ethics. Comm. Op. No. 01-037-E.

A correctional officer employed by the county, who is also a bail bondsman, is prohibited from writing bail bonds for the release of defendants arrested and held in the custody of the county sheriff’s department. Op. of Miss. Ethics. Comm. Op. No. 01-041-E.

A city police officer is not prohibited from serving as a deputy coroner, but cannot perform the duties of deputy coroner within the boundaries of the city he serves as police chief. Op. of Miss. Ethics. Comm. Op. No. 01-045-E.

An elected police chief is not prohibited from serving as a deputy coroner, but cannot perform the duties of deputy coroner within the boundaries of the city he serves as police chief. Op. of Miss. Ethics. Comm. Op. No. 01-045-E.

A deputy sheriff is prohibited from simultaneously serving as a deputy coroner when both positions are with the same county, and this prohibition applies to both a compensated deputy sheriff and an uncompensated auxiliary deputy sheriff. Op. of Miss. Ethics. Comm. Op. No. 01-045-E.

A police officer is prohibited from contracting with his city employer to perform a service for compensation in addition to the police officer’s normal salary, including serving city warrants in the police officer’s capacity as a county constable. Op. of Miss. Ethics. Comm. Op. No. 01-047-E.

A county deputy sheriff can serve as a member of the board of aldermen; however, a violation of the statute will arise in the event of a contract between the city and county in which the salaried county deputy sheriff and alderman would have a private pecuniary interest. Op. of Miss. Ethics. Comm. Op. No. 01-049-E.

A police officer’s wrecker service is prohibited from providing towing services to and/or being paid for those services by the municipality which employs the officer; further the police officer is prohibited from contacting his wrecker service when he is the officer working an accident and prohibits the officer from recommending his wrecker service to a disabled vehicle’s owner when he is the officer working the accident. Op. of Miss. Ethics. Comm. Op. No. 01-059-E.

If a disabled vehicle’s owner and not the municipality is responsible for the cost of the towing service, the municipality’s police department is not prohibited from including a police officer’s wrecker service in its rotation for towing service if the municipality’s police dispatcher makes the service call to the police officer’s wrecker service and if the dispatcher makes the service call to the police officer’s wrecker service only when it is next on the rotation list. Op. of Miss. Ethics. Comm. Op. No. 01-059-E.

A state trooper could serve as a deputy county coroner with the understanding that he was prohibited from being paid by two governmental entities for the same scheduled work hours. Op. of Miss. Ethics. Comm. Op. No. 01-087-E.

A trooper entering into a temporary “loan” agreement with the department to provide it a trained and certified law enforcement dog in return for compensation from the department is in actuality a contract to provide a service to the department for a price, thereby making the trooper a contractor with the department in violation of the statute. Op. of Miss. Ethics. Comm. Op. No. 01-090-E.

The stepchild of a municipal chief of police cannot act as a bail bond soliciting agent and write bail bonds for the release of defendants held in the custody of the police department headed by the chief of police. Op. of Miss. Ethics. Comm. Op. No. 01-094-E.

A police officer and his partner were not prohibited from setting-up and teaching an accident reconstruction course and charging a fee from the participants for attending the course, even though the police officer obtained his training in accident reconstruction at the expense of his city employer, as the police officer did not use his position to obtain the training. Op. of Miss. Ethics. Comm. Op. No. 01-113-E.

A person may simultaneously serve as a county constable and as a the county’s solid waste enforcement officer. Op. of Miss. Ethics. Comm. Op. No. 01-123-E.

A deputy sheriff may not have a material financial interest in a bail bonding company that writes bail bonds for the release of defendants in the custody of the county sheriff, and, therefore, a bail bonding company is prohibited from writing bail bonds for the release of defendants confined in the county detention center of the county the deputy sheriff serves if the bail bonding company is owned by the deputy sheriff’s spouse, parent, or child. Op. of Miss. Ethics. Comm. Op. No. 01-124-E.

A bail bonding agent may write bail bonds on defendants in the county detention facility when the bail bonding agent’s daughter is an employee of the detention facility, but only if the detention officer totally and completely removes herself or is removed from the approval of any surety bail bond with which the father or the father’s bail bond company employer is associated. Op. of Miss. Ethics. Comm. Op. No. 01-130-E.

A state trooper also be employed part-time as a county civil defense director, but should avoid contracting with any division of a county government that he is directly or indirectly involved with through his state employment. Op. of Miss. Ethics. Comm. Op. No. 02-014-E.

The spouse of a county sheriff’s civil process department employee may write bail bonds for defendants not arrested by the county deputies but housed by the county sheriff’s department only if neither the civil process employee nor the spouse is an officer, director, or partner in the bail bond company, and they have no ownership interest in the bail bond company and if the civil process employee’s spouse’s income from the bail bond company does not qualify as a material financial interest. Op. of Miss. Ethics. Comm. Op. No. 02-017-E.

The brother of a county deputy sheriff may write bail bonds for defendants housed by the county sheriff’s department employing the deputy sheriff/brother. Op. of Miss. Ethics. Comm. Op. No. 02-028-E.

A county constable may serve as an interim executive director of a county tourism and recreation board. Op. of Miss. Ethics. Comm. Op. No. 02-035-E.

A city may employ a married couple as police officers for the city, as long as one spouse does not have administrative or supervisory responsibility for the other spouse. Op. of Miss. Ethics. Comm. Op. No. 02-047-E.

A deputy sheriff may not contract with the county to perform security services for the county arena and exposition center as the sheriff’s department and county arena and exposition center are considered to be within the same county authority for purposes of the conflict of interest laws. Op. of Miss. Ethics. Comm. Op. No. 02-053-E.

It is not a violation of conflict of interest laws for a former deputy sheriff to immediately contract with the county upon his or her termination from the county; however, his business is prohibited from selling supplies to the county that are purchased from funds provided by a grant he was instrumental in writing for the county while employed as a deputy sheriff. Op. of Miss. Ethics Comm. Op. No. 02-085-E.

It is not a violation of state conflict of interest laws for a city police officer to serve as a county constable. Op. of Miss. Ethics Comm. Op. No. 02-088-E.

17. —District attorney.

Where district attorney is currently using set of law books owned by legal assistant employed by him, legal assistant may not sell set to district attorney, even though district attorney would then purchase upgrades from independent vendor, since legal assistant is public servant and as such is prohibited from being contractor or vendor with governmental entity of which he is member. Op. of Miss. Ethics Comm. Op. No. 93-093-E.

Spouse of district attorney may not remain his secretary following their marriage when her initial employment occurred before marriage, inasmuch as her continued employment as well as her supervision would be at discretion of district attorney, and her salary would depend on district attorney’s written requisition to state. Op. of Miss. Ethics Comm. Op. No. 93-093-E.

As to whether district attorney may be paid for monthly rental of personally owned property, including office space, from funds appropriated by state for office expense allowance, any such rental would constitute prohibited contract. Such would also be case if such services were purchased from a spouse. However, determination of fact would be necessary if rental was from parent or child. Op. of Miss. Ethics Comm. Op. No. 93-093-E.

Rent may not be paid to compulsory school attendance officers for use of their home as office, from state funds appropriated for compulsory school attendance officers office expense allowance, as such would violate subsection (3) paragraph (a) of section. Determination of fact would be required to decide whether or not rental would involve use of official position for pecuniary benefit in violation of subsection (1). Op. of Miss. Ethics Comm. Op. No. 93-093-E.

A district attorney may contract with a municipality within his judicial district for the district attorney’s office to serve as municipal prosecuting attorney. Op. of Miss. Ethics Comm. Op. No. 95-028-E.

A board of supervisors’ leasing of office space for the district attorney from the district attorney’s father is not prohibited. However, the board was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-080-E.

A district attorney’s office may contract with one of its former assistants to continue working on a case that the assistant worked on while still holding the position of an assistant district attorney. Op. of Miss. Ethics Comm. Op. No. 98-001-E.

It is not as such a violation of the state conflict of interest laws for a county prosecuting attorney to simultaneously serve as the board attorney for a county school district. Op. of Miss. Ethics Comm. Op. No. 99-062-E.

It is not as such a violation of the state conflict of interest laws for a county prosecuting attorney to simultaneously serve as a member of the school district board of trustees. Op. of Miss. Ethics Comm. Op. No. 99-086-E.

A former district attorney or a former assistant district attorney may not be compensated by a person or business to defend a criminal defendant against any charges brought by the office of the district attorney when the former district attorney or the former assistant district attorney, while still serving in the office of district attorney, reviewed the criminal defendant’s file and/or presented the criminal defendant’s case to a grand jury; further this applies even if the former district attorney or the former assistant district attorney is to receive his or her compensation for defending the criminal defendant from a governmental entity due to the criminal defendant’s indigent status. Op. of Miss. Ethics. Comm. Op. No. 99-112-E.

It is not a violation of the state conflict of interest laws for an individual to simultaneously serve as the county prosecuting attorney and as mayor of a municipality located within the county the individual serves as prosecutor; however, the requestor would be required to totally and completely recuse himself from any matter coming before the town’s governing authority that concerned his county employer in order to be certain to avoid violating the statute. Op. of Miss. Ethics. Comm. Op. No. 01-009-E.

An individual may be appointed as a special assistant county prosecuting attorney while continuing to serve as county election commissioner. Op. of Miss. Ethics. Comm. Op. No. 02-045-E.

18. Attorney.

Where legislator/attorney who practices in same city where his father is councilman and his law associate is city attorney, legislator/attorney may perform those legal services contracted to him by his law associate which would not otherwise have been prohibited had legislator/attorney contracted from them directly. Op. of Miss. Ethics Comm. Op. No. 90-052-E.

As to whether conflict provisions affect legislator/attorney who practices in same city where his father is councilman and his law associate is city attorney, and legislator/attorney acts as assistant city attorney or as city prosecutor or city judge, since state of emancipation exists between father and son with no financial dependency or involvement, father would not be legally “interested” in any contract between city and his son, therefor conflict provisions are not applicable. However to avoid “use of office” violation, father/councilman should not participate in any city council proceedings which may concern or affect son, including vote or negotiation concerning him. Thus, as long as separation of powers problem does not exist, father/councilman does not “use his official position” and son is not prohibited from serving the city in categories indicated. Op. of Miss. Ethics Comm. Op. No. 90-052-E.

Law does not prohibit legislator/attorney from representing private clients in eminent domain matters brought about by Department of Economic Development, however legislator is cautioned that in serving as attorney for private clients there should be no use of his official position as set forth in subsection (1) of §25-4-105. Op. of Miss. Ethics Comm. Op. No. 91-029-E.

Conflict of interest law prohibits law firm, of which member of state board is member, from representing state agency where such representation and contract require approval by state board. Moreover, board member’s recusal as to voting and deliberations would avoid violation of subsection (1) only, not of subsection (2) or of Constitution Section 109. Op. of Miss. Ethics Comm. Op. No. 91-132-E.

Ethics in government laws are not violated should spouse of a city attorney/ex-legislator become employed by same city’s school district. City and city school district are separate “authorities” under subsection (a) of §25-4-103 and spouse may be employed by a separate authority. Op. of Miss. Ethics Comm. Op. No. 92-025-E.

Attorney who is member of legislature may represent private clients before state agencies such as Mississippi Public Service Commission. However, should client be other than private client and take on form of governmental entity, determination of fact would have to be made in each case as to whether or not ethics laws would become applicable. Op. of Miss. Ethics Comm. Op. No. 92-183-E.

Law prohibits attorney from becoming city attorney of a town whose mayor is attorney’s secretary. Op. of Miss. Ethics Comm. Op. No. 93-130-E.

Violation of ethics laws would occur should spouse of councilperson serve as public defender following spouse’s appointment by mayor in mayor-council form of city government. Op. of Miss. Ethics Comm. Op. No. 93-133-E.

Violation would occur should person be elected county supervisor and thereafter become affiliated with law firm which contracts with insurance company to represent certain county entities and public officials in same and other counties. Violation would not exist if law firm did not represent any of county personnel or entities of county or if supervisor chose not to affiliate with law firm. Neither recusal nor abstention prevents potential violation; while vote may be removed, prohibited interest in contract authorized by board lingers. Op. of Miss. Ethics Comm. Op. No. 93-216-E.

The appointment as assistant public defender of a salaried attorney in the county board attorney’s law firm is not a violation if the individual and not the firm serves as board attorney; if the salaried attorney does not perform work for the board; and if the salaried attorney’s public defender’s salary does not accrue to the firm. Should any of the above occur, there is a violation of §25-4-105(3)(a). Op. of Miss. Ethics Comm. Op. No. 95-008-E.

An attorney of a municipal governing board may simultaneously serve as the attorney for a municipal utilities commission whose members are appointed by the municipal governing board. The attorney should recuse himself from matters concerning the municipal utilities commission coming before the municipal governing board and the municipal governing authority coming before the municipal utilities commission. Op. of Miss. Ethics Comm. Op. No. 95-072-E.

One attorney may not simultaneously serve as municipal board attorney and as municipal judge for the same municipality as such duel service violates §25-4-105(3)(a). Op. of Miss. Ethics Comm. Op. No. 95-072-E.

A former staff attorney for a state agency may contract with a company with which he was involved on behalf of the state in a permit process against that company if the contract with the company is unrelated to the permit process. Op. of Miss. Ethics Comm. Op. No. 95-090-E.

A board attorney for the county board of supervisors may simultaneously serve as a youth court referee/judge. Op. of Miss. Ethics Comm. Op. No. 95-139-E.

An attorney serving as county prosecuting attorney and/or attorney for the board of supervisors may simultaneously serve as a municipal board attorney. Op. of Miss. Ethics Comm. Op. No. 95-156-E.

An attorney serving as county prosecuting attorney may simultaneously serve as an attorney for the county board of supervisors. Op. of Miss. Ethics Comm. Op. No. 95-156-E.

An attorney for the county board of supervisors may represent criminal defendants before the county’s courts but may not serve as a part-time public defender or as an indigent’s counsel as it would violate §25-4-105(3)(a) unless the exception in §25-4-105(4)(b) applies. Op. of Miss. Ethics Comm. Op. No. 96-025-E.

An attorney for the county board of supervisors and members of the county board of supervisors may serve as members of their regional planning and development district. Op. of Miss. Ethics Comm. Op. No. 96-025-E.

A law firm whose members serve as the regular attorneys for the county board of supervisors may serve as bond counsel if provided for in their contract as the regular attorneys but may not have a separate contract to provide bond counsel services as it would violate §25-4-105(3)(a). Op. of Miss. Ethics Comm. Op. No. 96-055-E.

Constitutional Section 109 and §25-4-105(2) prohibit the law firm of a former state agency board member from being bond counsel on a bond issue that includes the state agency’s project(s) within one (1) year of the end of the former member’s term. Op. of Miss. Ethics Comm. Op. No. 96-099-E.

Constitutional Section 109 and §25-4-105(2) and (3)(a) prohibit an attorney’s continued employment as an associate with his law firm if the law firm contracts with the city’s insurance organization to provide representation to the organization and/or the city after the attorney’s election to the city council. Op. of Miss. Ethics Comm. Op. No. 97-008-E.

An attorney may not simultaneously serving as the attorney for the board of aldermen and as the municipal prosecuting attorney for the same municipality; however, if the governing authority decides not to appoint a prosecuting attorney and instead under its authority set forth in §21-15-25 gives the municipal board attorney the duty to prosecute cases in the municipal court in his or her contract, then there would not be a violation of this section. Op. of Miss. Ethics. Comm. Op. No. 97-140-E.

A law firm may contract with either of two record storage companies that are partially owned by board members of governmental entities that the law firm represents as either their general or special counsel; however, there is the understanding that the contract between the law firm and either of the two storage companies will be for the storage of the law firm’s records and not the records of the two governmental entities, and, that neither governmental entity will pay, either directly or indirectly, for the storage of the law firm’s records with a record storage company partially owned by one of the governmental entities’ board members. Op. of Miss. Ethics. Comm. Op. No. 97-143-E.

A state attorney assigned to provide counsel to the state Department of Human Services may serve on a county head start policy council when the head start program is funded with federal funds but also operated by the county human resource agency which does receive some funding from the state Department of Human Services; however, the state attorney should not be providing legal advice to the state Department of Human Services regarding matters that concern this particular county human resource agency should the state attorney be appointed to the county head start policy council. Op. of Miss. Ethics. Comm. Op. No. 97-156-E.

A city attorney’s spouse may not sell real property to the city. Op. of Miss. Ethics Comm. Op. No. 98-019-E.

It is not a violation of the conflict of interest laws for a municipal board attorney to simultaneously serve on the county’s economic development district’s governing board since the municipality and the county are separate governmental entities. Op. of Miss. Ethics Comm. Op. No. 98-020-E.

The county prosecuting attorney, should not accept cases defending clients from administrative actions by the State Department of Human Services to disqualify them from receiving welfare and food stamp benefits because the attorney, as the county prosecuting attorney, may later have to prosecute the clients for violating the state’s welfare and food stamp laws if the State Department of Human Services files sworn affidavits against them. Op. of Miss. Ethics Comm. Op. No. 98-043-E.

An attorney who is serving as counsel to the city’s port commission may not serve as counsel to the port commission on any matters concerning a casino developer which has employed him to represent them. Op. of Miss. Ethics Comm. Op. No. 98-064-E.

The state conflict of interest laws do not prohibit the partners or associates of a law firm that is employed by a city as its board attorneys to accept DUI defense cases in other municipal courts’ jurisdictions or in the county courts’ jurisdictions. Op. of Miss. Ethics Comm. Op. No. 98-097-E.

An attorney may simultaneously serve as the board attorney for the board of supervisors and as the board attorney for a municipality located within the county since a county and a municipality are two separate governmental entities. Op. of Miss. Ethics Comm. Op. No. 99-017-E.

An attorney from the same firm as the attorney for the board of supervisors may accept a youth court appointment as a guardian ad litem as anticipated in §43-21-121 without violating the state conflict of interest laws if the payments to the attorney for the guardian ad litem services are paid outside of the board attorney’s firm with no financial benefit flowing to the firm. Op. of Miss. Ethics Comm. Op. No. 99-048-E.

A partner in a law firm may continue to personally serve as the attorney for a joint city/county port commission and continue to receive a monthly salary for his service as attorney to the commission even if a legislator joins the partner’s law firm and the county port commission receives a loan from the Mississippi Department of Economic and Community Development from the Mississippi Port Revitalization Revolving Loan Fund. Op. of Miss. Ethics Comm. Op. No. 99-059-E.

A partner and/or his law firm may continue to be employed by the joint city/county port commission to perform legal work involving litigation and/or matters other than normal representation even if a legislator joins the partner’s law firm and the county port commission receives a loan from the Mississippi Department of Economic and Community Development from the Mississippi Port Revitalization Revolving Loan Fund. Op. of Miss. Ethics Comm. Op. No. 99-059-E.

A partner and/or his law firm may not be employed by the joint city/county port commission to make an application through the port commission’s parent body, the county board of supervisors, to the Mississippi Department of Economic and Community Development for the loan from the Mississippi Port Revitalization Revolving Loan Fund once a legislator joins the partner’s law firm. Op. of Miss. Ethics Comm. Op. No. 99-059-E.

The employment of an attorney or a firm of attorneys as the municipal attorney or attorneys and the simultaneous contracting with the same attorney or firm to perform additional services not covered under the municipality’s original employment agreement does not as such violate the conflict of interest laws; however, the municipal attorney or attorneys may not use the position of municipal attorney or attorneys to obtain contracts for additional services and compensation because such actions by the municipal attorney or attorneys would violate subsection (1) of this section. Op. of Miss. Ethics Comm. Op. No. 97-146-E.

An attorney for the board of trustees of a public school district serving simultaneously as a member of the board of directors of the school district’s depository is prohibited if the school district’s board attorney has a “material financial interest” in the school district’s depository. Op. of Miss. Ethics. Comm. Op. No. 00-005-E.

A district attorney is prohibited from agreeing to allow his personal law office to be used for district attorney office duties when the district attorney’s office will pay the utilities and/or the ad valorem taxes of the office for as long as it is used as a district attorney’s office. Op. of Miss. Ethics. Comm. Op. No. 00-006-E.

An individual cannot continue to serve as the attorney for a nonprofit economic development foundation after being appointed to the board of a port authority when the port authority appoints two of its own board members to the nonprofit foundation’s board and also funds the nonprofit foundation as such individual would then have a prohibited interest in the agreement between the port authority and the nonprofit economic development foundation due to the port authority’s funding of the nonprofit foundation; a violation of the section will occur when the port authority’s board funds the nonprofit economic development foundation employing the individual as its attorney with monies approved in a budget authorized by the port authority’s board during the requestor’s term of office or within one year thereafter, and an abstention or refusal will not prevent a violation of the section. Op. of Miss. Ethics. Comm. Op. No. 00-031-E.

A district attorney’s office is prohibited from contracting for computer services with the son of the district attorney’s business administrator. Op. of Miss. Ethics. Comm. Op. No. 00-054-E.

The attorney for the county board of supervisors can simultaneously serve as a special master in a lunacy hearing as the employing and appointing entities are separate authorities. Op. of Miss. Ethics. Comm. Op. No. 00-057-E.

A board attorney for the county board of supervisors who accepts payment from county funds for services as an indigent counsel in the county youth court violates the statute unless the services were reasonably available from two or fewer sources. Op. of Miss. Ethics. Comm. Op. No. 00-057-E.

A former district attorney is prohibited from being compensated by a person or business to defend a criminal defendant against any charges brought by the office of the district attorney when the former district attorney and/or his or her assistant district attorneys reviewed the criminal defendant’s file during the former district attorney’s term of office. Op. of Miss. Ethics. Comm. Op. No. 00-069-E.

A county officer or employee may simultaneously serve as a county E-911 commissioner without violating the statute as, for purposes of the conflict of interest laws, a county E-911 commission is a separate authority of the county from the general county government offices such as the county board of supervisors and the county sheriff’s department. Op. of Miss. Ethics. Comm. Op. No. 00-074-E.

The attorney for a board of trustees of a public school district and/or the attorney’s law firm is prohibited from having contracts to provide services to the school district other than the single contract to employ and fix the duties and compensation of such legal counsel as deemed necessary; but the attorney or law firm is not prohibited from performing and being compensated for the duties as legal counsel for the school district that are deemed necessary by the board of trustees when such duties and compensation are set forth in a single contract. Op. of Miss. Ethics. Comm. Op. No. 00-097-E.

An attorney or the attorney’s law firm cannot be compensated as the closing attorney by the buyer or seller in regard to a mortgage loan funded by bond funds through Mississippi Home Corporation where the attorney’s spouse has been appointed to the Mississippi Home Corporation’s board of directors if the closing attorney fees incurred in connection with the mortgage loan are paid from monies provided the buyer/borrower from a three percent cash advance or a one percent premium cash advance or if the seller employs the closing attorney and the sales contract provides that the buyer/borrower will reimburse the seller for such costs and the buyer/borrower does so with a three percent cash advance or a one percent premium cash advance. Op. of Miss. Ethics. Comm. Op. No. 00-101-E.

An attorney or the attorney’s law firm cannot be compensated as the closing attorney by the buyer or seller in regard to a second mortgage loan of which the Mississippi Home Corporation is a party by way of its down payment assistance program when the attorney’s spouse has been appointed to the Mississippi Home Corporation’s board of directors. Op. of Mss. Ethics. Comm. Op. No. 00-101-E.

The attorney for the county board of supervisors would violate the statute should the county board of supervisors contract with a bank to serve as its depository, or for any other reason, if the attorney was a member of the bank’s board of directors and had a material financial interest in the bank. Op. of Miss. Ethics. Comm. Op. No. 00-139-E.

It is not a violation of the state conflict of interest laws for the attorney for the county board of supervisors to simultaneously serve as a youth court referee/judge; however, the attorney would be required to recuse herself from any matter coming before the board of supervisors that concerned the chancellor and/or the youth court and from any matter coming before the youth court that concerned the members of the board of supervisors. Op. of Miss. Ethics. Comm. Op. No. 01-007-E.

It is not a violation of the state conflict of interest laws for an individual to simultaneously serve as the county public defender and as a member of a municipal board located within the county the individual serves as public defender where the public defender’s office is funded entirely by the county without any participation from the city and the public defender does not appear in city court and thereby does not become involved in cases involving a city arrest including initial appearance hearings. Op. of Miss. Ethics. Comm. Op. No. 01-020-E.

The attorney for the board of supervisors may not also serve on the advisory board of a bank serving as a county depository. Op. of Miss. Ethics. Comm. Op. No. 02-055-E.

19. Other.

Law is not violated when County Medical Examiner Investigator has Deputy who is simultaneously a director of local funeral home. Op. of Miss. Ethics Comm. Op. No. 92-125-E.

Ethics law is not violated should designated pathologist be named State Medical Examiner and serve in that capacity, without compensation, while continuing to conduct autopsies as pathologist. However, commission voices grave concern as to practicality and propriety of having pathologist conducting large percentage of state’s autopsies also responsible for rules and regulations under which he and his professional colleagues perform public duties, and path he would be forced to follow in order not to fall into violation of using official position for pecuniary benefit may be so narrow as to limit effectiveness as State Medical Examiner. Op. of Miss. Ethics Comm. Op. No. 92-132-E.

Law prohibits employee of county tax assessor’s office from writing bail bonds returnable to county; any bond written by county employee or his bail bonding company and accepted by county court and returnable to county would constitute prohibited contract between the county and employee and his company. It is of no consequence whether the person placed under bond may be charged with felony or misdemeanor, deciding factor being that bond is accepted by and returnable to county. Duties and responsibilities of county employee must be kept entirely separate and distinct from any pursuit of his bail bond business. Op. of Miss. Ethics Comm. Op. No. 93-037-E.

Law prohibits assistant data clerk and secretary for county tax assessor from accepting fee from citizen to furnish citizen with information from property record cards and tax receipts, if public servant conducted such work during regular working hours, unless such duty was part of her official duties, and if it were considered her official duty, any receipt of fee would constitute violation of subsection (1). Section would also be violated if any of records or facilities of tax assessor which were not available to and freely used by public after hours were used by public servant after hours in fulfilling desired request for fee. Op. of Miss. Ethics Comm. Op. No. 93-175-E.

Where manager is hired by state to help manage two federal grants, and manager’s two children seek to become employed by one of the two grants, hiring and continued employment of children would constitute use of manager’s official position for pecuniary benefit for a relative in violation of code subsection (1). Additional possible violations under subsection (3)(d) could exist but must be found through determination of facts. Commission adds that situation raises suspicion among public and reflects unfavorably upon state. In relation to 93-206-E(n 19) add: “As to money paid to employee’s children, department should be guided by §25-4-113.” Op. of Miss. Ethics Comm. Op. No. 93-206-E.

Ethics laws prohibit volunteer fire department from purchasing gasoline from service station owned by son of county supervisor and from which supervisor receives monthly income. Op. of Miss. Ethics Comm. Op. No. 93-208-E.

A county tourism commission may not contract with a moving and storage company partly owned by a member of the commission. Op. of Miss. Ethics Comm. Op. No. 95-007-E.

A municipality may not purchase water/sewer supplies from the municipality’s certified water/sewer operator when the certified water/sewer operator is the municipality’s agent through a monthly service contract with the municipality. Op. of Miss. Ethics Comm. Op. No. 95-027-E.

A county conservation district commissioner may not participate in a water control project administered by a state agency and funded by the federal government when the commissioner’s land was submitted to the commissioner’s district board for approval by a local drainage district. Op. of Miss. Ethics Comm. Op. No. 95-030-E.

A county tourism commission may not pay restaurant and motel expenses for groups and meetings related to tourism when the restaurant and motel are managed or owned by members of the county tourism commission. Op. of Miss. Ethics Comm. Op. No. 95-036-E.

A state entity which has as a primary responsibility the approval of financing for projects that create jobs and provide investment in the state may receive as an appointment to its board of directors an individual who serves on the advisory board of a large bank that conducts business with the state entity, provided the individual’s interest in the bank is “de minimis.” Op. of Miss. Ethics Comm. Op. No. 95-038-E.

A board member of a non-profit corporation that conducts a local festival may be appointed to the municipality’s convention and visitors bureau board of directors when prior to the appointment the convention and visitors bureau had given impact grants to the non-profit corporation to promote and advertise the festival. Op. of Miss. Ethics Comm. Op. No. 95-048-E.

A chancery clerk may upon the expiration of his term accept immediate employment with the county’s depository. However, the chancery clerk was cautioned regarding Section 25-4-105(1) and (3)(e). Op. of Miss. Ethics Comm. Op. No. 95-101-E.

A chancery clerk’s entering into a consultant contract with one of the county’s depositories violates Section 25-4-105(3)(a). The chancery clerk also was cautioned regarding Section 25-4-105(1) and (5). Op. of Miss. Ethics Comm. Op. No. 95-102-E.

An individual elected county coroner may not become a partner in an ambulance service which contracts with the county in which the coroner was elected to serve. Op. of Miss. Ethics Comm. Op. No. 95-122-E.

A civil service commissioner is not prohibited from serving on the civil service commission because he represented a current client before the civil service commission prior to his appointment. However, the commissioner was cautioned regarding §25-4-105 (1), (3)(d) and (5). Op. of Miss. Ethics Comm. Op. No. 96-002-E.

An uncompensated volunteer fire fighter may not sell fire-fighting equipment to a municipally owned fire department on which he serves as a volunteer since to do so would violate §25-4-105(3)(a). Op. of Miss. Ethics Comm. Op. No. 96-011-E.

A community college foundation that is controlled by a community college board of trustees may allow certificates of deposit to mature and retain bank stock with the bank of a new appointee to the board of trustees since both contracts were prior to his term of office. However, the foundation was cautioned regarding Constitutional Section 109 and §25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 96-012-E.

Constables may enter into contracts with the county they are elected to serve to collect delinquent fines and be paid a contingent fee and not be in violation of §25-4-105(3)(a) since specific authority to so contract is set forth in §§19-3-4(3) and25-7-27(3). Op. of Miss. Ethics Comm. Op. No. 96-046-E.

A board member of a water and sewer district may simultaneously serve as a board member of a property owners’ association that is the district’s largest customer as long as there are no contracts between them that would violate Constitutional Section 109 and §25-4-105(2). However, the board member was cautioned regarding §25-4-101 and §25-4-105(1) and (5). Op. of Miss. Ethics Comm. Op. No. 96-054-E.

A constable may use his personal vehicle that he also uses as his constable vehicle to serve process for a law firm if he removes the insignia and decals that identify it as a constable vehicle. However, the constable was cautioned regarding §25-4-101 and §25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 96-064-E.

An individual may serve on a regional housing authority board while simultaneously being employed as the executive director of a nonprofit corporation that develops low cost housing as long as the nonprofit corporation is not funded by, or contracting with, the regional housing authority. However, the individual was cautioned regarding Constitutional Section 109 and §25-4-105(1), (2), (3)(a) and (5). Op. of Miss. Ethics Comm. Op. No. 96-064-E.

Any decision made by a community college trustee’s board to allow a portion of its funding to be used, either by it or another college district, for the purpose of providing training services to the trustee’s business results in a violation of Constitutional Section 109 and §25-4-105(2). The board was also cautioned regarding §25-4-101 and §25-4-105(1) and (5). Op. of Miss. Ethics Comm. Op. No. 96-109-E.

Section 25-4-105(3)(a) prohibits the county’s payroll clerk from contracting to provide additional payroll services to the county, including the chancery clerk’s office, when the additional payroll services are paid for from the county’s funds. Op. of Miss. Ethics Comm. Op. No. 97-029-E.

Section25-4-105(3)(a) prohibits a city firefighter from having a material financial interest, as defined in §25-4-103(k), in a bail bonding company contracting with the city. Op. of Miss. Ethics Comm. Op. No. 97-031-E.

Section 25-4-105(3)(b) prohibits any officer or employee of a governmental entity from being a direct or indirect purchaser at any advertised sale of surplus property made by his or her governmental entity. Op. of Miss. Ethics Comm. Op. No. 97-038-E.

Members of advisory boards (i.e., architectural and historic review commission; building and housing board of adjustments and appeals; the electrical examining board; and the parks and recreation commission) who are appointed by the mayor and confirmed by the city council may not contract with the city, except where such goods or services involved are reasonably available from two or fewer commercial sources, provided such transactions comply with the public purchasing laws. Op. of Miss. Ethics. Comm. Op. No. 97-149-E.

A governmental board with authority over certain federal grant funds may not expend those funds on contracts the board has entered into with private, nonprofit associations when the governmental board’s enabling legislation requires that the executive officers, or their designees, of certain of these nonprofit associations be voting members of the governmental board. Op. of Miss. Ethics. Comm. Op. No. 97-155-E.

A governmental board’s nonvoting member’s private nonprofit association is prohibited from contracting with a governmental board should it qualify as a business under the definition set forth in subsection (c) of §25-4-103 and should the nonvoting member have a material financial interest in the private nonprofit association as defined in subsection (k) of §25-4-103. Op. of Miss. Ethics. Comm. Op. No. 97-155-E.

A county may purchase sand and fill dirt from an estate, even though one of the heirs is the spouse of an employee of the county who serves as the county’s receiving clerk since the county receiving clerk does not authorize purchasing contracts or approve and evaluate bids. Op. of Miss. Ethics Comm. Op. No. 98-016-E.

A nonprofit community housing development organization that is a direct subrecipient of HOME set-aside funds may allow the parent of one of its staff persons to receive homeowner rehabilitation funds for the parent’s home since a nonprofit community housing development organization and its staff persons are not subject to the state conflict of interest laws. Op. of Miss. Ethics Comm. Op. No. 98-030-E.

It is not a violation of the state conflict of interest laws for a regional library to select as its depository a bank that employs the daughter of the regional library’s assistant director. Op. of Miss. Ethics Comm. Op. No. 98-036-E.

A county election commissioner as a public servant of the county and as the owner of a lawn and tree service would be in violation of subsection (3)(a) should the county board of supervisors contract with his lawn and tree service; however, since the election commission is a separate authority of the county, there would not be a violation if the board of supervisors let the contract to the election commissioner’s lawn and tree service as the lowest and best bidder after competitive bidding and three or more legitimate bids were received as allowed by subsection (4)(b). Op. of Miss. Ethics Comm. Op. No. 98-044-E.

A Mississippi limited liability company may borrow its funds to finance the construction of golf villas with a national banking corporation and/or from an entity in which the state levee board president, his father, his brothers and his sister each own a minority interest since there are no contracts with the state levee board in which the state levee board president has a material financial interest. Op. of Miss. Ethics Comm. Op. No. 98-045-E.

A state employee of a state agency can be transferred to another state agency in a merger of certain state services, even though the state employee was directly concerned and personally participated in the negotiations of the agreement between the two state agencies regarding the merger, since the state employee is not leaving the public sector and there are no facts or circumstances that indicate in any way that the state employee used his current position to obtain a pecuniary benefit for himself. Op. of Miss. Ethics Comm. Op. No. 98-049-E.

A city may contract with an accounting firm to do an audit for the city based upon proposals, even though the accounting firm has a partner whose spouse is a member of the zoning board, if the zoning board member exercises no control, direct or indirect, over the city’s contract with the accounting firm employing the zoning board member’s spouse. Op. of Miss. Ethics Comm. Op. No. 98-051-E.

A city may not contract with an architect to design a new fire station where the architect is presently on the board of architectural review or has been on the board of architectural review within the past year unless such services involved are reasonably available from two or fewer commercial sources, provided such transactions comply with the public purchasing laws. Op. of Miss. Ethics Comm. Op. No. 98-051-E.

It is not a violation of the state conflict of interest laws for the city to award a construction contract to the son of a member of the city’s board of architectural review. Op. of Miss. Ethics Comm. Op. No. 98-051-E.

Members of the convention center advisory committee are deemed to be “public servants,” even if they merely make recommendations to the governing officials, do not receive any compensation or make any decision whatsoever. Op. of Miss. Ethics Comm. Op. No. 98-051-E.

Members of the board of directors of the heritage center are public servants of the city for purposes of the state conflict of interest laws. Op. of Miss. Ethics Comm. Op. No. 98-051-E.

A member of the Mississippi Juvenile Justice Advisory Committee may not enter into a personal service contract with the Mississippi Department of Human Services. Op. of Miss. Ethics Comm. Op. No. 98-055-E.

It is not a violation of the state conflict of interest laws for an industrial park, jointly owned by a county and a city, to sell property to the brother of the county’s chancery clerk/county administrator or to sell property to a corporation owned, in whole or in part, by the brother of the county’s chancery clerk/county administrator unless the chancery clerk/county administrator has a personal or pecuniary interest in the brother’s business for which the property is being purchased or the brother’s corporation by which the property is being purchased. Op. of Miss. Ethics Comm. Op. No. 98-065-E.

A water and sewer district may continue to contract with a bank if a member of the bank’s advisory board is appointed to fill a vacancy on the water and sewer district’s board of commissioners if his financial interest in or compensation from the bank is a “de minimis” interest. Op. of Miss. Ethics Comm. Op. No. 98-089-E.

Subsection (3)(a) of this section prohibits a city’s full-time water and sewer superintendent from performing work for the city that is not related to and not contemplated by his present job title when the work will be performed outside his normal work hours and he will be paid separately from his compensation as water and sewer superintendent. Op. of Miss. Ethics Comm. Op. No. 98-103-E.

Subsection (3)(a) of this section prohibits a city’s full-time employee for the garbage collection and street maintenance departments from being paid by the city in addition to his normal salary to do clean-up work in the city hall after his usual 8-hour day. Op. of Miss. Ethics Comm. Op. No. 98-103-E.

Subsection (3)(a) of this section prohibits a city’s full-time dispatcher during his off time from doing painting and other miscellaneous carpenter work for the city when he bills the city and is paid by the city as with any other independent contractor. Op. of Miss. Ethics Comm. Op. No. 98-103-E.

A city may contract with a computer business when 50% of the computer business is owned by a former employee of the city, so long as the transaction does not result in the former employee being compensated by the computer business, or any other person or business, in relation to any case, decision, proceeding, or application with respect to which he was directly concerned or in which he personally participated during the period of his employment with the city. Op. of Miss. Ethics Comm. Op. No. 98-106-E.

A deputy circuit clerk, having election duties and serving as a deputy registrar, may not contract with the county election commission to print the election ballots for the county unless the exceptions in subsections (4)(b) or (d) of this section apply. Op. of Miss. Ethics Comm. Op. No. 98-116-E.

An employee of an industrial foundation which contracts with the county economic development district may contract with the county election commission to print the election ballots for the county. Op. of Miss. Ethics Comm. Op. No. 98-116-E.

It is not a violation of the state conflict of interest laws for an individual to simultaneously serve as a member of the State Parole Board and in the part-time position of county civil defense director; however, he will be required to recuse himself from any parole matter coming before the State Parole Board that involves an inmate arrested by a law enforcement entity of and sentenced by a court of the county he serves as civil defense director. Op. of Miss. Ethics Comm. Op. No. 99-007-E.

An employee of the Mississippi Department of Economic and Community Development whose employment duties are unrelated to housing may simultaneously serve as a member of the Board of Directors of the Mississippi Home Corporation. Op. of Miss. Ethics Comm. Op. No. 99-012-E.

The Department of Transportation may not sell real property to one of its employees under its statutory authority to determine real property to be an uneconomic remnant and to sell the real property to adjoining landowners for not less than market value. Op. of Miss. Ethics Comm. Op. No. 99-019-E.

A state employee may coauthor publications that pertain to subjects in the state employee’s area of expertise where the publications’ topics are unrelated to the current research with the state agency, the work on the publications will be performed during personal time and will not involve the use of the state agency’s facilities, equipment, research and/or personnel, the employee will receive no pecuniary benefit for the work on the publications, and the employee’s coauthoring the publications will comply with all of the state agency’s policies and procedures. Op. of Miss. Ethics Comm. Op. No. 99-040-E.

It is not as such a violation of the state conflict of interest laws for a public, nonprofit corporation’s board of director’s to initiate a petition to have the public, nonprofit corporation provide the state with its automobile license plates. Op. of Miss. Ethics Comm. Op. No. 99-044-E.

It is not a violation of the state conflict of interest laws for the city to sell a building to and/or purchase land from the brother of a public servant of the city. Op. of Miss. Ethics Comm. Op. No. 99-057-E.

A local governmental entity’s board, including a county board of supervisors or a municipal board, is prohibited from authorizing funding to a nonprofit corporation when a member of the local governmental entity’s board, including a county supervisor or a municipal board member, is also a member of the board of director’s of the nonprofit corporation. Op. of Miss. Ethics Comm. Op. No. 99-061-E.

The state conflict of interest laws do not as such prohibit a state employee from contracting to provide computer consulting services to a county when the state employee is to be paid solely from the chancery clerk fee account. Op. of Miss. Ethics Comm. Op. No. 99-089-E.

An employee of the State Medical Examiner’s Office may serve as county coroner/medical examiner investigator if the State Medical Examiner’s Office is willing and able to put into place procedures and restrictions that will prevent the employee from being involved, either directly or indirectly, in any matter, especially autopsies, investigations, training, testing and reporting, that concern the county the employee serves as coroner. Op. of Miss. Ethics Comm. Op. No. 99-090-E.

An appointed city clerk’s daughter may accept employment with the city’s park and recreation department if the city clerk is totally and completely removed from the child’s initial employment process and is not involved, directly or indirectly, in supervising or evaluating the child’s work or in matters concerning the child’s compensation. Op. of Miss. Ethics Comm. Op. No. 99-097-E.

The employees of a business that is contracting with the county to provide commitment services are prohibited from being appointed as deputy chancery clerks if the employees have a material financial interest in the business contracting with the county. Op. of Miss. Ethics. Comm. Op. No. 00-043-E.

The statute does not prohibit one spouse from serving as a municipality’s election commissioner and the other spouse from selling insurance to the municipality as an election commissioner exercises no control, direct or indirect, over a municipality’s board of aldermen’s decision to purchase insurance for the municipality. Op. of Miss. Ethics. Comm. Op. No. 00-047-E.

It is not as such a violation of the state conflict of interest laws for a city to purchase from an automobile parts company that employs the father of a city employee; however, the city department in which the city employee was in charge of purchasing could not purchase from the auto parts company, as such would result in the city employee using his or her official position to obtain a pecuniary benefit for a relative and/or a business in which he or she was associated. Op. of Miss. Ethics. Comm. Op. No. 00-052-E.

A fair commission can employ one spouse as the facility manager of a facility center and the other spouse as the facility secretary of the same facility center; however, the spouse who is the facility manager would be prohibited from taking any actions that would result in the facility secretary spouse retaining and/or receiving a pecuniary benefit, such as actions that allowed the facility secretary to remain employed, be re-employed, receive a raise, receive additional benefits, receive a promotion, and/or receive other forms of compensation or income. Op. of Miss. Ethics. Comm. Op. No. 00-056-E.

A retail store business owned by a chancery clerk’s corporation was prohibited from being a vendor with the county’s community hospital. Op. of Miss. Ethics. Comm. Op. No. 00-073-E.

A retail store business owned by a chancery clerk’s corporation was prohibited from being a vendor with the county’s regional library system. Op. of Miss. Ethics. Comm. Op. No. 00-073-E.

A state employee’s company is not prohibited by the state conflict of interest laws from having a subconsultant contract with a totally separate government from the state such as with a city when the contract is paid solely with funds of the other government and the state employee as the director of a state bureau has no control or approval, direct or indirect, over the separate government’s project or its funding. Op. of Miss. Ethics. Comm. Op. No. 00-098-E.

A state employee’s company is not prohibited by the state conflict of interest laws from having a contract to provide professional services with a totally separate government from the state, such as with a city, when the contract is paid solely with funds of the other government and the state employee has no control or approval, direct or indirect, over the separate government’s contract and related services, including funding. Op. of Miss. Ethics. Comm. Op. No. 00-099-E.

A deputy chancery clerk may simultaneously serve as a part-time E-911 dispatcher for the same county without violating the statute. Op. of Miss. Ethics. Comm. Op. No. 00-100-E.

A care center operated by the sister of an executive director of a state agency could continue to receive Block Grant funding through a certificate or subgrant program administered by the state agency as the sister was not a relative for purposes of the state conflict of interest laws and the sister’s care center was not a business in which the executive director was associated. Op. of Miss. Ethics. Comm. Op. No. 00-104-E.

A deputy circuit clerk was prohibited from being employed and compensated by the county election commission to serve as the secretary of the election commission as the circuit clerk’s office’s election duties and the county election commission’s election duties were so intertwined that it was unreasonable to conclude that they were in separate authorities of the county government in regard to carrying out elections. Op. of Miss. Ethics. Comm. Op. No. 00-105-E.

A member, officer, or director of the volunteer fire department is prohibited from serving as a commissioner of a fire protection district and simultaneously maintaining his or her position with the volunteer fire department, as long as there are contractual arrangements between the district and the fire department authorized by the fire protection board during his or her term or within one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 00-109-E.

An appointed commissioner of a fire protection district is prohibited from serving as either a member, officer, or director of a volunteer fire department for as long as there are contractual arrangements between the district and the fire department authorized by the fire protection board during his or her term or within one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 00-109-E.

A deputy county tax assessor’s election and compensation as a county election commissioner would not violate the conflict of interest laws; however, he would be required to totally and completely recuse himself from all matters coming before the county election commission that concerned the county tax assessor/collector. Op. of Miss. Ethics. Comm. Op. No. 00-113-E.

An assistant road manager’s election and compensation as a county election commissioner would not violate the conflict of interest laws; however, he would be required to totally and completely recuse himself from all matters coming before the county election commission that concerned the county board of supervisors and/or any member thereof. Op. of Miss. Ethics. Comm. Op. No. 00-113-E.

A broker who was an agent of a city was prohibited from being a purchaser, direct or indirect, at any sale made by him in his official capacity, that is, the broker, by way of an attached exclusive right-to-sell listing contract, could not purchase from the city property which an attached exclusive right-to-sell listing contract gave the broker/agent the exclusive right to sell on behalf of the city; however, the broker was not prohibited from being a purchaser from the city at any sale by the city not made by him in his capacity as the city’s broker/agent as authorized in an attached exclusive right-to-sell listing contract. Op. of Miss. Ethics. Comm. Op. No. 00-121-E.

It was not a violation of the statute for an individual to simultaneously serve as a county’s E911 council’s appointed director and as the county and city’s emergency management council’s appointed assistant director, with the understanding that the individual was prohibited from being paid as both the county’s E911 council’s appointed director and as the county and city’s emergency management council’s appointed assistant director during the same work schedule. Op. of Miss. Ethics. Comm. Op. No. 00-123-E.

It is not a violation of the statute for an individual to simultaneously serve as a county and city’s emergency management council’s appointed director and as the county and city’s fair commission’s appointed part-time fair manager, with the understanding that the individual is prohibited from being paid as both the county and city’s emergency management council’s appointed director and as the county and city’s fair commission’s appointed part-time fair manager during the same work schedule. Op. of Miss. Ethics. Comm. Op. No. 00-124-E.

A county’s part-time veterans service officer is prohibited from being a contractor with the county as the grant administrator of the grant applied for and received by the county. Op. of Miss. Ethics. Comm. Op. No. 00-136-E.

An individual can resign as an administrative assistant in the office of the city clerk and accept an appointment by the mayor as a city election commissioner and serve as a city election commissioner if confirmed by the city council without violating the state conflict of interest laws. Op. of Miss. Ethics. Comm. Op. No. 00-138-E.

A business in which a city advisory board member has a material financial interest can sell goods and services to the city after the effective date of the advisory board member’s resignation; however, if a city’s park board has the authority to recommend or approve the recreation equipment purchased by the city’s governing board, then its members would be prohibited not only during their term but for one year thereafter from having an interest, direct or indirect, in the city’s contract to purchase the recreation equipment. Op. of Miss. Ethics. Comm. Op. No. 00-140-E.

It is not a violation of the statute for an individual to simultaneously serve as the executive manager of a county emergency medical service district and as the county’s elected coroner, with the understanding that the individual will be prohibited from being paid his salary as the executive manager of the county emergency medical service district and his fees as the county’s elected coroner during the same work period, that is, the individual should take personal leave from his job as the district’s executive manager when performing the duties of coroner if elected to that office. Op. of Miss. Ethics. Comm. Op. No. 01-008-E.

A county could purchase small engine repairs from the only small engine shop located within the county where the shop was owned by the father of a constable serving the county and the constable was employed by the shop as requiring the county to take small engine equipment, such as chain saws and weed cutters, to surrounding municipalities located outside of the county for repairs would have been an extreme hardship and would have substantially affected prompt repair of roads, courthouse grounds, and other county property. Op. of Miss. Ethics. Comm. Op. No. 01-015-E.

A county could not purchase small engine equipment from the only small engine shop located within the county where the repair shop was owned by the father of a constable serving the county and the constable was employed by the shop as requiring the county to purchase small engine equipment in surrounding municipalities would not create a hardship. Op. of Miss. Ethics. Comm. Op. No. 01-015-E.

A chancery clerk could lease a building to the United States Department of Agriculture where the county the chancery clerk served made an annual appropriation to the Natural Resources Conservation Service, which was one of the offices occupying the building, as there was no contract with the county whereby the chancery clerk or any business in which he had a material financial interest was agreeing to provide a service or a commodity to the county and the county was not a party to the lease and the funding the county provided to the Natural Resources Conservation Service was not paid by way of a contract. Op. of Miss. Ethics. Comm. Op. No. 01-025-E.

An employee of the Institutions of Higher Learning can contract with the federal government or with municipalities to provide services as a software instructor. Op. of Miss. Ethics. Comm. Op. No. 01-028-E.

Where one spouse is employed as the fair manager of a fair commission and the other spouse is employed as ticket seller, board secretary, and part-time office assistant of the fair commission. The spouse who is the fair manager is prohibited from taking any actions that would result in the spouse retaining and/or receiving a pecuniary benefit. Op. of Miss. Ethics. Comm. Op. No. 01-036-E.

A city’s part-time employee, who is also a licensed electrician and air-conditioning specialist, is prohibited from being paid by the city for selling parts and equipment and performing repair service on the city’s air-conditioning unit. Op. of Miss. Ethics. Comm. Op. No. 01-052-E.

A county engineer who represents the county on a wastewater and solid waste management district’s technical review committee cannot be employed by a company to manage its public works contract with a city if the company remains a contractor with the wastewater and solid waste management district and if the county engineer’s compensation from the company results in a material financial interest in the company. Op. of Miss. Ethics. Comm. Op. No. 01-068-E.

A firefighter employed by a municipality may not engage in the sales and service of fire fighting equipment, such as fire extinguishers and fire suppression systems, in a sideline business on his off duty and private time within the municipality the firefighter is employed to serve when the duties assigned the firefighter require the firefighter to inspect such fire fighting equipment within the municipality to enforce the municipality’s fire code. Op. of Miss. Ethics. Comm. Op. No. 01-086-E.

A municipal firefighter is not prohibited by the state conflict of interest laws from engaging in a sideline business in his off-duty and private time that is totally and completely unrelated to the municipal firefighter’s public duties. Op. of Miss. Ethics. Comm. Op. No. 01-086-E.

An individual cannot serve as a volunteer assistant fire chief of a fire department that has full-time firefighters employed by the city where one of the city’s full-time firefighters is the individual’s child as a supervisor/subordinate relationship would exist between the assistant fire chief and his child. Op. of Miss. Ethics. Comm. Op. No. 01-093-E.

The niece of a municipal court clerk can act as a bail bond soliciting agent and write bail bonds for the release of defendants held in the custody of the police department headed by the chief of police. Op. of Miss. Ethics. Comm. Op. No. 01-094-E.

The transfer and promotion of the sister of a city clerk to the position of deputy city clerk does not violate the statute. Op. of Miss. Ethics. Comm. Op. No. 01-106-E.

A city’s policy that prohibited a supervisor/subordinate relationship between relatives that were city employees reflected state law. Op. of Miss. Ethics. Comm. Op. No. 01-106-E.

The state conflict of interest laws will not prohibit a circuit clerk from employing his wife in the circuit clerk’s office if the wife is paid solely from the circuit clerk’s fees and the wife’s compensation combined with that of the circuit clerk does not exceed the statutory limit of $ 83,160.00 as allowed by Section 9-1-43(2). Op. of Miss. Ethics. Comm. Op. No. 01-111-E.

A city’s public works director and his partners can donate property for an access road to an industrial park to a county or the county can take the property by eminent domain when the city is funding part of the cost of the access road and the city’s public works director is the appointed construction manager on the access road project. Op. of Miss. Ethics. Comm. Op. No. 01-112-E.

A former board member of an economic development partnership established by local and private legislation as a not-for-profit corporation to carry-out economic development for the county and city with tax revenues may not be employed by the partnership within one year of the end of his term as a board member of the partnership. Op. of Miss. Ethics. Comm. Op. No. 02-002-E.

A former board member of an economic development partnership established by local and private legislation as a not-for-profit corporation to carry-out economic development for the county and city with tax revenues may not be employed by the partnership within one year of the end of his term as a board member of the partnership. Op. of Miss. Ethics. Comm. Op. No. 02-006-E.

A county road department worker may not write bail bonds as an agent for a bail bonding company for individuals being held in the custody of the law enforcement entity of the county employing the road department worker. Op. of Miss. Ethics. Comm. Op. No. 02-007-E.

An individual may be appointed to the position of deputy coroner if that individual is currently employed with a funeral home that services county residents and is sometimes used by the county; however, the individual would then be prohibited from using his position to provide a pecuniary benefit to his funeral home employer and the funeral home would be prohibited from contracting with the county to transport bodies, perform an autopsy, or burying paupers as long as the deputy coroner was employed by the funeral home. Op. of Miss. Ethics. Comm. Op. No. 02-009-E.

A county coroner may be employed and compensated by a local funeral home as well as receive the statutory fees for the duties of county coroner. Op. of Miss. Ethics. Comm. Op. No. 02-011-E.

A county board of supervisors may approve statutory expenses for a county deputy coroner, who is also employed by a local funeral home while acting as county deputy coroner, but if the deputy coroner has a material financial interest in the funeral home, the county board of supervisors may not contract with the funeral home employing the deputy coroner for any services, such as transporting bodies, performing an autopsy, or burying paupers as long as the deputy coroner is employed by the funeral home. Op. of Miss. Ethics. Comm. Op. No. 02-011-E.

A city fireman may not also work in a compensated part-time position for the city’s public works department. Op. of Miss. Ethics. Comm. Op. No. 02-027-E.

A city garbage department worker may not write bail bonds as an agent for a bail bonding company for individuals being held in the custody of the law enforcement entity of the city employing the garbage department worker. Op. of Miss. Ethics. Comm. Op. No. 02-029-E.

A state employee and/or his business may not train other governmental entities outside of the boundaries of the State of Mississippi in the use and operation of a federal computer program and charge a fee for such service. Op. of Miss. Ethics. Comm. Op. No. 02-034-E.

It is not a violation of the conflict of interest laws for a town clerk to sign a police officer/spouse’s paycheck if signing the paycheck is an administrative action only based on the town board’s setting the salary and approving payment. Op. of Miss. Ethics. Comm. Op. No. 02-039-E.

A former planning and development district employee may, without waiting a specified period of time after termination from the planning and development district, serve as the director of a state agency’s division that recommends and/or approves grants and funding to planning and development districts; however, the division director may not be involved as a compensated employee of the state agency with its division’s decision on a grant or funding for the division director’s former planning and development district employer if the division director was directly concerned with or personally participated in the application or decision of the planning and development district to seek the grant or funding while an employee of the planning and development district. Op. of Miss. Ethics. Comm. Op. No. 02-040-E.

It is not as such a violation of the conflict of interest laws for a former city employee to immediately contract with the city upon his or her termination from the city. Op. of Miss. Ethics. Comm. Op. No. 02-057-E.

A water management district may not purchase land from a bank when several of the district’s directors are stockholders of the bank, and such prohibition will extend until one after the terms of the district directors. Op. of Miss. Ethics. Comm. Op. No. 02-067-E.

State agency employees are not prevented from performing inspections for a private inspection service similar to their state jobs for compensation; however, they are prohibited from using the agency’s equipment, facilities or other resources to conduct the inspections for the private business, and will violate the statute should they conduct the private inspections when they have not completed their required work hours for their state employment positions or taken personal leave. Op. of Miss. Ethics Comm. Op. No. 02-086-E.

City employing a firefighter may not award a bid to a paving business in which the firefighter has a material financial interest, where the paving services do not meet the exception of “reasonably available from two (2) or fewer commercial sources” as set forth in §25-4-105(4)(d). Op. of Miss. Ethics Comm. Op. No. 02-087-E.

The director of a county emergency medical service district may simultaneously serve as the county’s coroner/medical examiner investigator if elected to that office. Op. of Miss. Ethics Comm. Op. No. 02-101-E.

A Department of Correction employee may also hold the position of county supervisor. Op. of Miss. Ethics Comm. Op. No. 02-105-E.

A city water department superintendent is prohibited from having a material financial interest in a company managing the city’s water treatment plant. Op. of Miss. Ethics Comm. Op. No. 02-107-E.

A convention and visitors bureau board member is prohibited from having an interest, direct or indirect, in any contract authorized by the board of which he serves during his term or for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau board member is prohibited from serving as an officer/director of a nonprofit organization that receives publicly funded grants from the bureau. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau is prohibited from providing grant funding to a nonprofit historic foundation when a member of the bureau board serves as an officer/director of the historic foundation. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau is prohibited from providing grant funding to a nonprofit historic foundation to provide advertising and promotional material when a bureau board member serves as an president of the historic foundation. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau is prohibited from providing grant funding to a nonprofit historic foundation to provide advertising and publish promotional material for a pilgrimage when a bureau board member is an antebellum home owner who participates in the pilgrimage and receives fees from the nonprofit historic foundation from ticket sales paid by the general public to tour the antebellum homes. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau may not purchase and place tourism related advertising with a television station and newspaper that both have a bureau board member as one of their owners. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau may not contract with one of its board members, or a business with which the member is associated, to prepare and print pilgrimage brochures on a cost-only basis. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau may not contract to provide grant funding to a nonprofit downtown festival for sponsorship and advertising of the festival when a bureau board member is an officer/director thereof. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau is not prohibited from contracting with a non-profit downtown festival when one of the bureau board members is one of a class of business owners who may derive some benefit from the festival. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau may not contract to provide grant funding to a non-profit downtown festival for sponsorship and advertising of the festival when bureau board members are restaurant owners who contract with the festival to sell prepared foods to attendees. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau may not contract to provide grant funding to a non-profit arts council for a music festival and other related programs when a bureau board member is an officer/director of the council. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau may not contract to provide grant funding to a tournament organization for hotel/motel rebates when a bureau board member is a manager/employee of a hotel/motel receiving benefits from the rebates. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau may not lease office space from a chamber of commerce when a bureau board member is also an officer/director of the chamber. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau board member is not prohibited from being a member of a chamber of commerce which has a lease with the bureau. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau may not contract with a chamber of commerce to provide services when a bureau board member is also an officer/director of the chamber. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau may contract with a chamber of commerce to provide services when a bureau board member is also a member of the chamber. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau may not contract to provide funding to a non-profit new organization formed from a merger of the chamber of commerce and an economic development association when a bureau board member is also an officer/director of the new organization. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A convention and visitors bureau board member is not prohibited from being a member of a nonprofit new organization that receives budgetary funding by contract from the bureau. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

Local and private statutes requiring members of nonprofit organizations be appointed to a convention and visitors bureau board are not prohibited by conflict the state conflict of interest laws, however, circumstances of individual board members can violate the state conflict of interest laws when such dual service exists. Op. of Miss. Ethics Comm. Op. No. 02-108-E.

A city may contract with an environmental services corporation to perform duties related to the operation of the city’s water and wastewater utilities including specific duties the corporation’s owner would have as acting public works director. Op. of Miss. Ethics Comm. Op. No. 02-109-E.

A highway patrol officer is not prohibited from setting up and teaching a defensive driving course and charging a fee from the participants for attending the course; however, the officer will be in violation if he: should use the state’s equipment, facilities or other resources to conduct the training classes; conducts the classes during time scheduled to perform his state public duties; influences and/or coerces individuals by way of his law enforcement position into taking his or another officer’s defensive driving course. Op. of Miss. Ethics Comm. Op. No. 02-110-E.

A recreational authority’s executive director, is prohibited from serving a city/county sports officials organization as an officer when his position as the authority’s executive director is responsible for oversight of its contract with the organization. Op. of Miss. Ethics Comm. Op. No. 02-111-E.

A city may employ the spouse of an assistant city clerk as a water meter reader. Op. of Miss. Ethics Comm. Op. No. 02-112-E.

The Department of Human Services may not contract with a security company to provide security services to one of its county offices when one of the department’s employees is co-owner of the security company. Op. of Miss. Ethics Comm. Op. No. 02-113-E.

A school board may not consider and accept bids for the sale of sixteenth section land timber from a company employing one of the school board members. Op. of Miss. Ethics Comm. Op. No. 02-114-E.

A city board is not barred from authorizing a contract with an insurance company when such authorization occurs after an alderman’s and his spouse’s full divestiture of their interests in the insurance company; however, the alderman must be advised that he should totally and completely recuse himself from any decision of the city board to contract with the company. Op. of Miss. Ethics Comm. Op. No. 02-115-E.

The mayor of a city is prohibited from receiving a grant contract approved and issued by the mayor and aldermen to rehabilitate the facade of the mayor’s building until one year after the mayor leaves office. Op. of Miss. Ethics Comm. Op. No. 02-116-E.

Conflict of interest laws do not prohibit a mayor from reappointing his brother-in-law to serve on a housing authority board. Op. of Miss. Ethics Comm. Op. No. 02-117-E.

It is not as such a violation of the state conflict of interest laws for a state conservation officer to be employed as a patrol officer for a levee board. Op. of Miss. Ethics Comm. Op. No. 02-118-E.

If a county supervisor was a member of the board that authorized the levy of an emergency telephone service charge to fund the E-911 Commission, Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) prohibit the supervisor’s spouse from remaining employed with the E-911 Commission after their marriage and this prohibition will apply until one year after the supervisor has left office. Op. of Miss. Ethics Comm. Op. No. 02-119-E.

It is not as such a violation of the conflict of interest laws for an attorney whose firm represents a municipality to simultaneously serve as a municipal school board member as the municipality and the school district are separate governmental authorities as defined in Code Section 25-4-103(g)(h). Op. of Miss. Ethics Comm. Op. No. 02-120-E.

A school board is prohibited by Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) from hiring a prospective school board member’s law firm and/or an insurance company when the school district’s contract with the law firm or the insurance company was authorized by the school board during the prospective school board member’s term or within one year thereafter. Op. of Miss. Ethics Comm. Op. No. 02-120-E.

A county supervisor may not in any way be involved in the board of supervisors’ decision to appoint his stepchild to a community college board of trustees as his involvement would result in a violation of Code Section 25-4-105(1). Op. of Miss. Ethics Comm. Op. No. 02-121-E.

A community college may contract for energy savings services with Company C when that company and Company A, for which a college trustee serves as a member of the board of directors, are both subsidiaries of Company B, because the trustee’s interest in Company C’s energy savings agreement with the college by way of his directorship with Company A is outside the “edge of the target” necessary for violating Mississippi Constitution Section 4-109 and Code Section 25-4-105(2). Op. of Miss. Ethics Comm. Op. No. 02-122-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) absolutely prohibit first-time home buyers from using grants partially funded by the county to purchase housing from the County Community Development Coalition employing a county supervisor as its executive director during the supervisor’s term or within one year thereafter. Op. of Miss. Ethics Comm. Op. No. 02-123-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) will prohibit an insurance agency employing a water supply district board member from selling insurance to a sewer authority during the member’s term and for one year thereafter. Op. of Miss. Ethics Comm. Op. No. 02-124-E.

A school district may contract with a school teacher’s spouse’s business to purchase sporting equipment without the school teacher violating Code Section 25-4-105(3)(a) if, in accord with the exception in Code Section 25-4-103(k)(iv), the teacher has no direct or indirect control over the contracts between the district and her spouse’s business. Op. of Miss. Ethics Comm. Op. No. 02-125-E.

Conflict of interest laws do not prohibit a planning commission from contracting with a business whose past employee now works as executive director of the planning commission nor do the conflict of interest laws impose a waiting period before such a contract may occur. Op. of Miss. Ethics Comm. Op. No. 02-127-E.

Because the executive director of a nonprofit organization, as a legislator, would be a public servant under Code Section 25-4-103(p)(i), if he had within his job duties as a compensated director of the organization the responsibility to attempt to persuade legislators to pass laws, he would be certain to violate Code Section 25-4-105(3)(d). Op. of Miss. Ethics Comm. Op. No. 02-130-E.

A state legislator serving as the executive director of a nonprofit organization that receives federal funds, state funds or any other funds that are appropriated by the Legislature is prohibited by Mississippi Constitution Section 4-109 and Code Section 25-4-105(2), during his term or for one year thereafter from being interested, directly or indirectly, in any contract authorized by the Legislature of which the legislator is a member or was a member. Op. of Miss. Ethics Comm. Op. No. 02-130-E.

Conflict of interest laws do not prohibit a prosecuting attorney from being employed by the state and a municipality; however the attorney is prohibited by Code Section 25-4-105(1) from using her official position to obtain a pecuniary benefit for herself or a business with which she is associated, and she must avoid involvement with any prosecution of a matter concerning the division of the state also employing her in order to fully comply with the public policy mandate set forth in Code Section 25-4-101. Op. of Miss. Ethics Comm. Op. No. 02-132-E.

City employees participating in a HUD loan program would not violate Code Section 25-4-105(3)(a) by receiving down payment assistance administered by the city; however, to fully and completely comply with the public policy mandate set forth in Code Section 25-4-101, the city and employees should avoid situations related to the program if the employees appear to realize personal gain through official conduct. Op. of Miss. Ethics Comm. Op. No. 02-134-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) absolutely prohibit the mayor or a member of the city council from participating in an HUD-funded down payment assistance program. Op. of Miss. Ethics Comm. Op. No. 02-134-E.

Failure of an aldermen to totally and completely recuse himself from matters pertaining to a re-zoning issue that could affect the value of his property would result in his violating Code Section 25-4-105(1) should he receive a pecuniary benefit through an increase or avoiding a decrease in the value of his property, in addition to his failing to comply with state public policy as mandated in Code Section 25-4-101. Op. of Miss. Ethics Comm. Op. No. 02-135-E.

Conflict of interest laws do not as such prohibit an individual from simultaneously holding the employment positions of county school resource officer, constable and county youth court compliance officer. Op. of Miss. Ethics Comm. Op. No. 02-136-E.

The conflict of interest laws do not prohibit a municipality from purchasing sports uniforms from an alderman’s son’s business as long as the alderman has no direct or indirect interest in the son’s business’s contract with the city to sell the uniforms. Op. of Miss. Ethics. Comm. Op. No. 03-001-E.

A school district would not be prohibited from continuing to furnish teachers to a city operated community center employing the newly elected school board member as the assistant director of the city community center. Op. of Miss. Ethics. Comm. Op. No. 03-002-E.

A member of the county board of supervisors would be prohibited from using his official position in approving his father’s employment as the county district’s road construction manager in a beat system county; to avoid a violation, the supervisor may not, in any way, be involved in the decision to employ his father with the county and, in addition, may not be involved in any decisions concerning pay raises or the increasing of other benefits that would benefit his father’s county employment. Op. of Miss. Ethics. Comm. Op. No. 03-003-E.

Conflict of interest laws do not prohibit an individual from holding the employment position of constable while simultaneously being employed as a Department of Transportation law enforcement officer, a president/fire chief of a volunteer fire department, an operator of a water association and a part-time campus police officer for a county school district. Op. of Miss. Ethics. Comm. Op. No. 03-004-E.

Code Section 25-4-105(3)(a) does not prohibit a chancellor, who does not have a primary office provided by the county, from using the per annum provided by the Administrative Office of the Courts under Code Section 9-1-36(8) to pay rent expense on office space owned and provided by the chancellor and used as his primary office; furthermore, Code Section 25-4-105(1), is not applicable as the authorized per annum is considered compensation provided for by law. Op. of Miss. Ethics. Comm. Op. No. 03-006-E.

The Office of State Aid Road Construction is not prohibited by the conflict of interest laws from employing the spouse of the Department of Transportation’s chief engineer. Op. of Miss. Ethics. Comm. Op. No. 03-008-E.

It is not a violation of the conflict of interest laws for a city’s buildings and grounds director to simultaneously serve as a county supervisor when the employing city is located within the county he will serve. Op. of Miss. Ethics. Comm. Op. No. 03-009-E.

The employment contract of a legislator’s spouse with a planning and development district as a nurse case manager for the Medicaid waiver program does not violate Mississippi Constitution Section 4-109 or Code Section 25-4-105(2). Op. of Miss. Ethics. Comm. Op. No. 03-010-E.

In order to avoid violating conflict of interest laws by contracting with a publishing company to develop material that could be approved as an educational curriculum, a part-time employee of a state university, who performs professional development and implementation of programs work under a contract between the university and the department of education to develop curriculum frameworks for the department of education, must recuse himself, in his university job, from all matters concerning the publishing company. Op. of Miss. Ethics. Comm. Op. No. 03-012-E.

Conflict of interest laws do not prohibit City A’s alderman from also serving as the board attorney of City B when City B’s alderman is employed by City A because the two municipalities are separate governmental entities as set forth in the definitions in Code Section 25-4-103(g)(ii) and (h). Op. of Miss. Ethics. Comm. Op. No. 03-013-E.

It is not a violation of the conflict of interest laws for a city firefighter to simultaneously serve as a county supervisor, even though the employing city is located within the county he will serve. Op. of Miss. Ethics. Comm. Op. No. 03-014-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) would prohibit the son of a member of a city council from remaining employed with the city if the council member does, in fact, have an interest, direct or indirect, in the son’s employment contract; to avoid using his official position to obtain a pecuniary benefit for his son, the council member must totally and completely recuse himself from subject matters providing a pecuniary benefit to his son. Op. of Miss. Ethics. Comm. Op. No. 03-015-E.

A state employee is prohibited from having a material financial interest in an outsourcing business, as a part owner, if the business enters into a contract to provide services to any agencies, departments or commissions of the state. Op. of Miss. Ethics. Comm. Op. No. 03-016-E.

After purchasing a residential property from the county board of education, a town is prohibited from selling or leasing the property to an alderman who currently resides in the property, as the school’s principal. Comm. Op. No. 03-017-E.

After purchasing a residential property from the county board of education, a town is prohibited from leasing the property to the county board of education for use as the residence of the school’s principal, who is also the town’s alderman. Comm. Op. No. 03-017-E.

It is not a violation of the conflict of interest laws for a school teacher to simultaneously serve as a county supervisor, even though the employing school district is located within the county he will serve. Op. of Miss. Ethics. Comm. Op. No. 03-018-E.

Code Section 25-4-105(1) would absolutely prohibit a county supervisor from participating and voting on the in the issuance of Tax Increment Financing Bonds if a subsidiary corporation employing the supervisor’s daughter was developing the area or involved in any other way; the only way the supervisor could avoid a violation would be by totally and completely recusing himself from all discussions, actions and votes of the board of supervisors related to the authorization and issuance of the bonds. Op. of Miss. Ethics. Comm. Op. No. 03-019-E.

Code Section 25-4-105(3)(a) will prohibit a county planning commission member from being employed and compensated by the county sheriff’s department as a part-time deputy sheriff. Op. of Miss. Ethics. Comm. Op. No. 03-020-E.

Conflict of interest laws do not prohibit an individual from serving as city judge when the individual’s sister or brother serves as an alderman for the same city. Op. of Miss. Ethics. Comm. Op. No. 03-021-E.

Conflict of interest laws will not prohibit a police chief from serving a city, whose cousin also serves the same city as alderman, unless the alderman has a direct or indirect interest in the employment contract. Op. of Miss. Ethics. Comm. Op. No. 03-021-E.

Code Section 25-4-105(3)(a) prohibits a state agency from purchasing parts, supplies or equipment, or leasing equipment, from any businesses in which the agency’s commissioner has a material financial interest. Op. of Miss. Ethics. Comm. Op. No. 03-024-E.

A legislator is prohibited by Mississippi Constitution Section 4-109 and Code Section 25-4-105(2)from being employed as legal counsel with a correctional facility when the facility contracts with the Department of Corrections to house, care and control state inmates during the legislator’s term or within one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 03-025-E.

It is not a violation of the conflict of interest laws for a board of supervisors to appoint an individual to the position of jury commissioner when the individual’s spouse serves the county as deputy circuit clerk. Op. of Miss. Ethics. Comm. Op. No. 03-026-E.

It is not a violation of the conflict of interest laws for a board of supervisors to appoint an individual to the position of jury commissioner when the individual’s spouse serves the county as deputy circuit clerk. Op. of Miss. Ethics. Comm. Op. No. 03-026-E.

Conflict of interest laws do not prohibit the mother of a state board executive director from assisting a state agency in an investigation, on a pro bono basis, when the mother has a specific medical condition conducive to helping in the conduct of an investigation of possible professional misconduct by individuals regulated by the state agency in question. Op. of Miss. Ethics. Comm. Op. No. 03-027-E.

Conflict of interest laws do not prohibit a municipal court judge from also serving as the county youth court prosecutor when the municipality is located within the county the youth court prosecutor serves. Op. of Miss. Ethics. Comm. Op. No. 03-028-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2 prohibit the spouse of a county hospital board of trustees member from remaining employed with the hospital after the trustee takes office and the board of which he is a member approves a budget authorizing the salary of the spouse. Op. of Miss. Ethics. Comm. Op. No. 03-029-E.

A constable may not purchase sheriff’s department surplus vehicle from the county he serves as a constable due to the prohibition set forth in Code Section 25-4-105(3)(b). Op. of Miss. Ethics. Comm. Op. No. 03-030-E.

Code Section 25-4-105(3)(e) does not prohibit a retired state employee from working with a consultant on the retired employee’s state agency’s projects if the employee was not directly concerned or did not personally participate, while employed by the agency, in any case, decision, proceeding or application related to the consultant’s selection for the project or the project itself. Op. of Miss. Ethics. Comm. Op. No. 03-031-E.

A state university instructor, if elected as a member of the Legislature, must resign from her employment position with the university prior to the Legislature’s appropriation of funding for the university during her term of office. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

State conflict of interest laws do not prohibit a state university instructor from being a candidate for the Legislature; however, Code Sections 25-4-101 and 25-4-105(1) both prohibit a university instructor from campaigning for elected office during those hours when she is carrying out public duties and being compensated by the state, and from using state equipment, supplies or other resources in any campaign activity. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

The employment of a Legislator’s spouse as a university instructor compensated with funds appropriated by the Legislature would not violate Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) due to the Supreme Court’s “large class rule”being applicable to the circumstance. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

Conflict of interest laws do not as such prohibit a Legislator’s spouse from serving as a county public defender. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

Conflict of interest laws do not as such prohibit a legislative candidate or an elected Legislator from serving on a city planning and zoning commission. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

It is not a violation of the conflict of interest laws for a city planning and zoning commissioner’s spouse to receive compensation from the same city related to city misdemeanor cases. Op. of Miss. Ethics. Comm. Op. No. 03-033-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) do not prohibit a state commission from approving payments to an architect for a project associated with a grant approved by the commission prior to the appointment of the architect’s spouse to the board of directors of the commission. Op. of Miss. Ethics. Comm. Op. No. 03-035-E.

An individual simultaneously serving a city as an alderman and a county as a coroner is not in a situational violation of the conflict of interest laws; however, Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) would prohibit the alderman from being directly or indirectly paid any fees or other compensation by his city as coroner that would arise from a contract authorized by the board of aldermen during his term on that board and within one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 03-036-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) will not prohibit a Convention and Visitors Bureau board member from simultaneously serving as an officer/director of an economic development organization, even though the organization may receive grant funding from the Bureau and may enter into a service contract with the Bureau. Op. of Miss. Ethics. Comm. Op. No. 03-037-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) will prohibit a Convention and Visitors Bureau board member from simultaneously serving as an officer/director of a non-profit main street organization if the organization receives grant funding from the Bureau during the member’s term and one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 03-037-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) will prohibit a Convention and Visitors Bureau board member from simultaneously serving as an officer/director of a nonprofit historic foundation if the foundation receives grant funding from the Bureau during the member’s term and one year thereafter. Op. of Miss. Ethics. Comm. Op. No. 03-037-E.

A Convention and Visitors Bureau may award a grant to a nonprofit historic foundation when a board member of the Bureau is an antebellum home owner who participates in the foundation-sponsored annual pilgrimage but receives no fees related to the pilgrimage. Op. of Miss. Ethics. Comm. Op. No. 03-037-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) prohibit a Convention and Visitors Bureau from purchasing brochures from a board member of the Bureau or a business with which he is associated, regardless of the cost savings to the Bureau. Op. of Miss. Ethics. Comm. Op. No. 03-037-E.

Convention and Visitors Bureau may award a grant to a private organization for hotel/motel cost rebates when a board member of the Bureau is an employee of one of the hotel/motels that may be used by the organization’s participants without violating Mississippi Constitution Section 4-109 and Code Section 25-4-105(2).Op. of Miss. Ethics. Comm. Op. No. 03-037-E.

A superintendent of education’s spouse can remain employed as a non-instructional employee and be re-employed by a school board if the board has established a policy to authorize the board’s designee to recommend the spouse as an employee when the spouse was employed by the local school district at the time the superintendent was elected or appointed to office and the employee is not compensated in excess of the statewide average for such a position. Op. of Miss. Ethics. Comm. Op. No. 03-038-E.

Conflict of interest laws do not prohibit an individual from serving as a county constable while simultaneously employed by the Department of Human Services as a child support enforcement officer; however, the individual may not perform the duties and responsibilities of a constable when on duty with the state and being paid by the state or using state resources. Op. of Miss. Ethics. Comm. Op. No. 03-039-E.

A town may contract with the municipal court clerk’s spouse’s business to maintain the town’s cemetery without the clerk violating Code Section 25-4-105(3)(a), where the exception set forth in Code Section 25-4-103(k)(iv) is applicable. Op. of Miss. Ethics. Comm. Op. No. 03-040-E.

It is not a violation of the conflict of interest laws for the county to hire the county tax assessor/collector’s spouse as a road foreman. Op. of Miss. Ethics. Comm. Op. No. 03-042-E.

A retired state university employee, who receives retirement payments from the PERS system, may serve in the state Legislature. Op. of Miss. Ethics. Comm. Op. No. 03-043-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) prohibit a state legislator’s law firm from being paid directly from loan monies from the Water Pollution Control Revolving Loan Fund as the regional utility authority’s regular attorney and/or receiving additional benefits and/or compensation as a authority’s regular attorney if those additional benefits/compensation arise from or are due to the pollution control project for which the authority received the Revolving Loan Fund monies from the Department of Environmental Quality. Op. of Miss. Ethics. Comm. Op. No. 03-044-E.

A state legislator’s law firm is not prohibited from performing litigation and/or attending to matters such as bond issues as long as such actions are not a result of a regional utility authority’s loan from the Water Pollution Control Revolving Loan Fund. Op. of Miss. Ethics. Comm. Op. No. 03-044-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) prohibit a state legislator’s law firm from being paid attorney fees out of loan funds received from the Water Pollution Control Revolving Loan Fund administered by the Department of Environmental Quality where the firm has a direct interest in the loan agreement contract authorized by the laws passed by the Legislature of which the legislator was a member. Op. of Miss. Ethics. Comm. Op. No. 03-044-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) will not prohibit a state legislator and/or his law firm from continuing to serve as the attorney(ies) for a county board of supervisors, as authorized in Code Section 19-3-47, should the regional utility authority repay county loans from the Water Pollution Control Revolving Loan Funds loan. Op. of Miss. Ethics. Comm. Op. No. 03-044-E.

Where an employee of a planning and development district married executive director’s daughter, as the son-in-law’s supervisor and the district’s executive director, the director may not transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline the son-in-law as a district employee. Op. of Miss. Ethics. Comm. Op. No. 03-045-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) prohibit the child of a member of the city council from remaining employed with the city as a member of the police department if the child is not completely financially independent and the member, in fact, has an interest, direct or indirect, in the child’s employment contract. Op. of Miss. Ethics. Comm. Op. No. 03-046-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) prohibit a town from selling or leasing property to an alderman who resides in the property as a school principal, after the town purchases the property from the school district. Op. of Miss. Ethics. Comm. Op. No. 03-048-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) prohibit the sale by a town of property purchased from a school district to a third party who intends to allow an alderman, who resides in the property as a school principal, to continue using the property for his residence. Op. of Miss. Ethics. Comm. Op. No. 03-048-E.

An alderman is prohibited from purchasing or leasing property purchased by a town from a school district for a period of one year after he leaves office. Op. of Miss. Ethics. Comm. Op. No. 03-048-E.

Mississippi Constitution Section 4-109 and Code Section 25-4-105(2) would prohibit a Mayor-Council municipality from contracting with a business employing the mayor’s son if the mayor was directly or indirectly interested in the contract. Op. of Miss. Ethics. Comm. Op. No. 03-049-E.

OPINIONS OF THE ATTORNEY GENERAL

Based on a recent opinion from the Mississippi Ethics Commission a constable may not be employed by the sheriff’s department without violating Section 25-4-105(3)(a). Rogers, January 10, 1996, A.G. Op. #96-0005.

Nepotism statute prohibiting a board of alderman from appointing a person who is related by blood or marriage within the third degree to a board member to one of five specific positions, that is, officer, clerk, stenographer, deputy or assistant, applies by its own terms to five positions only and, therefore, does not preclude the mayor and aldermen from appointing the mayor’s brother as an operator/laborer in the water department. Thomas, January 9, 1998, A.G. Op. #97-0833.

A legislator will be prohibited by Article 4, § 109 of the Mississippi Constitution and §25-4-105 from contracting with a Head Start agency receiving funding through the legislative appropriation process even if the funding is indirect. Jackson, September 4, 1998, A.G. Op. #98-0551.

State law contrary to 42 U.S.C.S. § 1437 is preempted, and a tenant may serve on a board of commissioners of a public housing authority/regional public housing authority until a court of competent jurisdiction rules otherwise. Johnson, III, May 19, 2000, A.G. Op. #2000-0265.

The prohibitions imposed by Constitutional Section 109 and Code Section 25-4-105(2) are eliminated if the school board and school superintendent follow the procedure stated in Code Section 37-7-333 when selecting a depository; however, the constitutional prohibitions are eliminated only with regard to the selection of a depository, and there would still be a conflict for other purposes, such as selecting and opening accounts in various banks, approval of securities pledged, and transfer and deposit of funds between depositories, etc. Manning, July 14, 2000, A.G. Op. #2000-0324.

A member of the state legislature may simultaneously serve as an elected municipal alderman, as both positions are squarely within the legislative branch of government. White, July 3, 2002, A.G. Op. #02-0134.

There is no conflict between §25-1-53 and this section. The prohibitions contained therein are cumulative and individuals must comply with both statutes. Bowman, Feb. 27, 2004, A.G. Op. 04-0071.

RESEARCH REFERENCES

Law Reviews.

1987 Mississippi Supreme Court Review, Professional responsibility. 57 Miss. L. J. 433, August, 1987.

Editor’s Notes —

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 14.

Amendment Notes —

The 2008 amendment rewrote the section.

Cross References —

Authority of the ethics commission to issue advisory opinions with regard to any standard of conduct set forth in this section, see §25-4-17.

Prohibition against public official deriving income from issuance of bonds under Mississippi Major Economic Impact Act, see §57-75-25.

Application of penalty provisions of this section to elected or appointed officials who derive pecuniary benefit as result of duties under Mississippi Gaming Control Act, see §75-76-281.

JUDICIAL DECISIONS

1. In general.

The jury trial provision of §25-4-107 does not alter or amend the summary judgment procedure under Miss. R. Civ. P. 56; the conflicts of interest statute provides for civil remedies and penalties, and the provision for trial by jury means no more than it means in any other civil process before the circuit court. Towner v. Moore, 604 So. 2d 1093, 1992 Miss. LEXIS 424 (Miss. 1992).

ETHICS OPINIONS

1. In general.

All complaints for a violation of Article 3 of the Mississippi Ethics in Government Act must be brought in the circuit court, and such complaints may be initiated only by the Mississippi Ethics Commission or the district attorney. Op. of Miss. Ethics Comm. Op. No. 99-064-E.

Editor’s Notes —

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 15.

Amendment Notes —

The 2008 amendment rewrote the section.

Cross References —

Authority of the ethics commission to issue advisory opinions with regard to any standard of conduct set forth in this section, see §25-4-17.

Prohibited and authorized activities of public servants, see §25-4-105.

Imposition of conditions described in subsection (2) of this section against public servant by authority head, see §25-4-111.

Prohibition against public official deriving income from issuance of bonds under Mississippi Major Economic Impact Act, see §57-75-25.

JUDICIAL DECISIONS

1. In general.

Claims made under §§25-4-109 and25-4-113 were properly joined in one action, even though the statutes require different evidentiary standards, where the several claims asked jointly for relief, arose out of the same transaction or occurrence, and presented common questions of law and fact. Towner v. Moore, 604 So. 2d 1093, 1992 Miss. LEXIS 424 (Miss. 1992).

ETHICS OPINIONS

A town could proceed with a grant for funding the construction of rental units to be built on property of the spouse of a newly elected board member where the application and approval of the grant occurred prior to the newly elected board member taking office as no further actions on the part of the town’s board of aldermen was required in the grant process other than the board’s approval of the payment draws, which was part of the terms of the grant application and grant contract approved by the previous board of aldermen. Op. of Miss. Ethics. Comm. Op. No. 01-109-E.

Cross References —

Authority of the ethics commission to issue advisory opinions with regard to any standard of conduct set forth in this section, see §25-4-17.

Prohibited and authorized activities of public servants, see §25-4-105.

Prohibition against public official deriving income from issuance of bonds under Mississippi Major Economic Impact Act, see §57-75-25.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section. The words “violation of this act” in the first sentence were changed to “violation of this article.” The Joint Committee ratified the correction at its August 5, 2008, meeting.

Editor’s Notes —

On August 5, 2008, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section by Laws of 2008, ch. 562, § 16.

Amendment Notes —

The 2008 amendment inserted “the commission” near the beginning of the first sentence.

Cross References —

Authority of the ethics commission to issue advisory opinions with regard to any standard of conduct set forth in this section, see §25-4-17.

Prohibition against public official deriving income from issuance of bonds under Mississippi Major Economic Impact Act, see §57-75-25.

JUDICIAL DECISIONS

1. In general.

2. Construction with other sections.

1. In general.

Claims made under §§25-4-109 and25-4-113 were properly joined in one action, even though the statutes require different evidentiary standards, where the several claims asked jointly for relief, arose out of the same transaction or occurrence, and presented common questions of law and fact. Towner v. Moore, 604 So. 2d 1093, 1992 Miss. LEXIS 424 (Miss. 1992).

2. Construction with other sections.

Where a person objects to unethical conduct by that body, that person is only entitled to file a charge with the Mississippi Ethics Commission for investigation and subsequent action in the courts. The Commission should then investigate the individual’s allegations, and upon finding probable cause for believing that a violation has occurred, the Commission is statutorily commanded to refer all complaints and evidence gathered during its investigation to the Attorney General and the local district attorney having jurisdiction for prosecution. City of Jackson v. Greene, 869 So. 2d 1020, 2004 Miss. LEXIS 337 (Miss. 2004).

RESEARCH REFERENCES

Law Reviews.

Ray, Constitutional and statutory authority of the Attorney General to prosecute actions. 59 Miss. L. J. 165, Spring, 1989.

Cross References —

Authority of the ethics commission to issue advisory opinions with regard to any standard of conduct set forth in this section, see §25-4-17.

Prohibition against public official deriving income from issuance of bonds under Mississippi Major Economic Impact Act, see §57-75-25.

Cross References —

Authority of the ethics commission to issue advisory opinions with regard to any standard of conduct set forth in this section, see §25-4-17.

Prohibition against public official deriving income from issuance of bonds under Mississippi Major Economic Impact Act, see §57-75-25.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Ethics Commission having opined that certain employment of a mayor would be prohibited by the ethics laws, he would not be immune to possible criminal prosecution if he elected to engage in such employment. King, May 24, 2002, A.G. Op. #02-0272.

Editor’s Notes —

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, an error in a statutory reference in this section was corrected by substituting “…this article…” for “Article 3, Chapter 4, title 25, Mississippi Code of 1972.”

Editor’s Notes —

Laws of 2009, ch. 497, which enacted this section, amended §§57-43-1,57-43-15 and57-45-1. Additional provisions of Laws of 2009, ch. 497 are noted under those same sections and under §65-1-703.

At the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, an error in a statutory reference in this section was corrected by substituting “…this article…” for “Article 3, Chapter 4, title 25, Mississippi Code of 1972.”

Amendment Notes —

The 2008 amendment inserted “or enter a plea of guilty or nolo contendere” in the first sentence of the first paragraph.

Cross References —

Power of Governor to suspend state and county officers in default, see Miss. Const. Art. 5, § 125.

Authority of Legislature to empower Governor to remove and appoint county and municipal officers, see Miss. Const. Art. 5, § 139.

Jurisdiction of chancery court over suits on bonds of public officers for failure to account for money or property received, see Miss. Const. Art. 6, § 161.

Criminal liability of public officers for wilful neglect of duty or misdemeanor in office, see Miss. Const. Art. 6, § 175.

Definition of “felony”, see §1-3-11.

Definition of “infamous crime”, see §1-3-19.

General supervisory powers of Governor over official conduct of state officers, see §7-1-5.

Annulment of appointment to office upon refusal of senate consent, see §7-1-35.

Appointment of pro tempore clerk of court, sheriff, or coroner, see §9-1-27.

Authority of judge or chancellor to remove court reporter from office, see §9-13-11.

Quo warranto to test right to public office, see §11-39-1.

Vacancy upon failure of person elected or appointed to office to qualify, see §25-1-7.

Vacancy by removal or default of officer, see §25-1-59.

Removal from public office pursuant to this section as disqualification from serving on temporary municipal or county executive committees or county, municipal or state executive committees, see §25-1-113.

Power of governor to remove elective county officials, see §25-5-3.

Procedure for removal of elective county officer, see §§25-5-7 et seq.

Convening of removal council to consider removal petition, see §25-5-23.

Removal of executive director of Boards of Tax Appeals, see §27-4-5.

Removal of Attorney General or district attorney for advising or defending criminals, see §97-11-3.

Removal of officer for drunkenness, see §97-11-23.

Removal of peace officer for failure to return offenders, see §97-11-35.

Vacation of commission of public officer for gambling or wagering with public money, see §97-33-3.

JUDICIAL DECISIONS

1. In general.

When the Attorney General sought an alderman’s removal based on a prior conviction, sufficient evidence showed the conviction because the alderman could not withdraw an admission to the conviction on the grounds statements of counsel were not evidence, as the alderman made the same statements as a witness. Rogers v. State (In re Removal of Rogers), 177 So.3d 193, 2014 Miss. App. LEXIS 660 (Miss. Ct. App. 2014), cert. denied, — So.3d —, 2015 Miss. LEXIS 550 (Miss. 2015), cert. denied, — So.3d —, 2015 Miss. LEXIS 549 (Miss. 2015), cert. denied, 178 So.3d 333, 2015 Miss. LEXIS 548 (Miss. 2015).

Although a member of a county board of supervisors who was convicted of embezzlement was removed from office pursuant to §25-5-1 without being given the opportunity for a hearing, the failure to abide by the statutory requirements was harmless error since the statute mandates the removal of officers found guilty of felonies, and therefore the board member would have been removed from office regardless of what would have occurred at a hearing. Gerrard v. State, 619 So. 2d 212, 1993 Miss. LEXIS 220 (Miss. 1993).

Petitioner, having been removed from the office of supervisor of a county district upon his conviction of fraud in public office, lacked standing to interfere with a special election to fill the vacancy. Furthermore, petitioner forfeited all of his rights to the public office, regardless of what might transpire on appeal, and his right to such office for the remainder of the term to which he was elected was extinguished by reason of his conviction. Cumbest v. Commissioners of Election, 416 So. 2d 683, 1982 Miss. LEXIS 2053 (Miss. 1982).

In view of the mandatory terms of the Constitution and of Code 1942, § 4053 a court will not stay a removal from office pending appeal, where the officeholder has been convicted of a felony. Jolliff v. State, 210 So. 2d 47, 1968 Miss. LEXIS 1492 (Miss. 1968), overruled, Cumbest v. Commissioners of Election, 416 So. 2d 683, 1982 Miss. LEXIS 2053 (Miss. 1982).

Where the mayor of a town was convicted of attempted embezzlement and the judgment of the trial court ordered his removal from office and declared the office vacant, the judgment of removal and vacancy was not stayed by the defendant taking an appeal with supersedeas. Bucklew v. State, 192 So. 2d 275, 1966 Miss. LEXIS 1243 (Miss. 1966).

The mere fact that a person who has been convicted may, by means of an appeal, ultimately succeed in establishing his innocence does not necessarily entitle him in the meantime to hold public office. Bucklew v. State, 192 So. 2d 275, 1966 Miss. LEXIS 1243 (Miss. 1966).

This section is self-executing. Bucklew v. State, 192 So. 2d 275, 1966 Miss. LEXIS 1243 (Miss. 1966).

Under statutes respecting removal, officer cannot be removed without previous conviction of crime, if any, which the doing of the prohibited act constitutes. State v. Henderson, 166 Miss. 530, 146 So. 456, 1933 Miss. LEXIS 347 (Miss. 1933).

City marshal elected by the people is a “public officer” within Const. 1890, § 175. Lizano v. Pass Christian, 96 Miss. 640, 50 So. 981, 1910 Miss. LEXIS 153 (Miss. 1910).

Justice of peace cannot remove sheriff from office as directed by this section, and the circuit court, on appeal from such conviction, cannot impose such a sentence. Moore v. State, 45 So. 866 (Miss. 1908).

The court is without power to remove or suspend the clerk from office, except upon conviction as provided in this section. Ex parte Lehman, 60 Miss. 967, 1883 Miss. LEXIS 49 (Miss. 1883).

OPINIONS OF THE ATTORNEY GENERAL

Justice Court judge removed from office for violations of ethical rules is disqualified from being paid medical insurance or salary, until court of competent jurisdiction rules otherwise. Cooper, Sept. 30, 1992, A.G. Op. #92-0760.

Trustee of city-county library system is public officer. Once appointed, trustee of city-county library serves for term of five years and can only be removed pursuant to specific statutory provision. Raulston Sept. 30, 1993, A.G. Op. #93-0735.

The separation of powers doctrine, Miss. Const. of 1890, Art. 1, § 2, does not prohibit a city firefighter from serving simultaneously as a county supervisor. Although the two positions are within separate branches of the county government, a firefighter does not exercise substantial policy-making power at the core of the executive branch so there is no conflict. Inquiries concerning potential ethics issues should be referred to the Ethics Commission. Bowen, March 2, 2007, A.G. Op. #07-00094, 2007 Miss. AG LEXIS 85.

RESEARCH REFERENCES

ALR.

Injunction as remedy against removal of public officer. 34 A.L.R.2d 554.

What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office. 71 A.L.R.2d 593.

Removal of public officer for misconduct during previous term. 42 A.L.R.3d 691.

Refusal to submit to polygraph examination as ground for discharge or suspension of public employees or officers. 15 A.L.R.4th 1207.

What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office. 10 A.L.R.5th 139.

Constitutionality of state and local recall provisions. 13 A.L.R.6th 661.

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 214 et seq.

48 Am. Jur. Proof of Facts 2d 183, Wrongful Discharge – Bad Faith Dismissal of At-Will Employee.

CJS.

67 C.J.S., Officers §§ 148, 149, 175, 220.

Lawyers’ Edition.

Public employee’s right of free speech under Federal Constitution’s First Amendment – Supreme Court cases. 97 L. Ed. 2d 903.

Law Reviews.

1982 Mississippi Supreme Court Review: Criminal Law and Procedure: No Right to Hold Public Office After Conviction. 53 Miss. L. J. 155, March 1983.