ADVISORY OPINION NO. 90-080-E   July 20 1990  

This Advisory Opinion concerns the following issue as formulated from facts and/or circumstances furnished by a requestor. The opinion is based solely on the facts and circumstances as stated below and was approved by the Commission on July 20, 1990.

Do the Mississippi Ethics in Government laws prohibit a legislator from simultaneous employment with a county's Economic Development District (EDD)?

The issue at hand has three different areas of possible concern:

1. Mississippi Laws outside the jurisdiction of this Commission. An example of this is the Separation of Powers provision of the 1890 Mississippi Constitution which is interpreted by the Office of the Attorney General, State of Mississippi.

2. Any internal rules and/or regulations of a body which are in addition to (1) above. An example of this is the rules and regulations adopted by Board of Supervisors.

The above areas, 1. and 2. are mentioned solely for your possible concern and are not of further comment by this Commission as it lacks authority to render opinion - in these areas. The interpretation Commission suggests that the requestor seek interpretation in these areas from the proper authority.

3. The conflict of interest legal provisions interpreted by the Commission are Sections 25-4-101, et seq., 1972 Mississippi Code Annotated and Article IV, Section 109, Mississippi Constitution of 1890. The opinion which follows is restricted to this body of law- the conflict of interest laws. Please note the following:

Constitutional Section 109 provides:

"No public officer or member of the legislature shall be interested, directly or indirectly, in any contract with the state, or any district, county, city or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member, during the term for which he shall have been chosen, or within one year after the expiration of such term."

Code Section 25-4-101 provides:

"The legislature declares that elective and public office and employment is a public trust and any effort to realize personal gain through official conduct, other than as provided by law, or as a natural consequence of the employment or position, is a violation of that trust. Therefore, public servants shall endeavor to pursue a course of conduct which will not raise suspicion among the public that they are likely to be engaged in acts that are in violation of this trust and which will not reflect unfavorably upon the state and local governments."

Code Section 25-4-105 (1) and (2) states:

"(1) No public servant shall use his official position to obtain pecuniary benefit for himself other than that compensation provided for by law, or to obtain pecuniary benefit for any relative or any business with which he is associated.

(2) No public servant shall be interested, directly or indirectly, during the term for which he shall have been chosen, or within one (1) year after the expiration of such term, in any contract with the state, or any district, county, city or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member."

I would like an advisory opinion on whether or not it would be a conflict of interest if I were employed by a county's Economic Development District.

Advisory Opinion No. 90-080-E
July 20, 1990
Page 3

A review of Code Section 19-5-99 (1989 Supp.), 1972 Mississippi Code, Annotated, captioned "Establishment of economic development districts," indicates the only legislative action taken during the legislator's tenure was action deleting the date for repeal of "sovereign immunity." The enactment of the legislation predated tenure of the legislator. The lack of significant legislative authorization in this instance largely moots the potential applicability and prohibition of Constitutional Section 109 and Code Section 25-4-105 (2).

The Commission therefore concludes that the provision of the ethics laws as set forth above do not prohibit that which is the issue above.

The Commission suggests that the legislator be mindful of each legal provision cited above so that his local employment does not lay a legal predicate to conflict with the ethics laws as he exercises his legislative responsibilities. In this regard, the legislator should be especially mindful of any legislation which may impact on his local employment by the district and should recuse himself in matters.
 

                                                                                                    Ronald E. Crowe
                                                                                                    Executive Director