ADVISORY OPINION NO. 06-012-E

March 3, 2006

The Mississippi Ethics Commission issued this opinion on the date shown above in accordance with
Section 25-4-17(i), Mississippi Code of 1972, as reflected upon its minutes of even date. The Commission
is empowered to interpret and opine only upon Article IV, Section 109, Mississippi Constitution of 1890,
and Article 3, Chapter 4, Title 25, Mississippi Code of 1972. This opinion does not interpret or offer
indemnity from liability for any other laws, rules or regulations. The Commission based this opinion solely on the facts and circumstances provided by the requestor as restated herein. The indemnity provided under Section 25-4-17(i) is limited to the individual who requested this opinion and to the accuracy and completeness of these facts.

I. LAW

The pertinent Ethics in Government Laws to be considered here are as follows, to wit:

Section 25-4-103, Miss. Code of 1972.

...

(h) “Governmental entity” means the state, a county, a municipality or any other separate
political subdivision authorized by law to exercise a part of the sovereign power of the
state.

...

(p) “Public servant” means:

(i) Any elected or appointed official of the government;

(ii) Any officer, director, commissioner, supervisor, chief, head, agent or employee of the government or any agency thereof, or of any public entity created by or under the laws of the state of Mississippi or created by an agency or governmental entity thereof, any of which is funded by public funds or which expends, authorizes or recommends the use of public funds; or

(iii) Any individual who receives a salary, per diem or expenses paid in whole or in part out of funds authorized to be expended by the government.

...

Section 25-4-105, Miss. Code of 1972.

...

(3) No public servant shall:

(a) Be a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent, other than in his contract of employment, or have a material financial interest in any business which is a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent.

...

(4) Notwithstanding the provisions of subsection (3) of this section, a public servant or his
relative:

...

(j) If a constable, may be employed and receive compensation as a deputy sheriff or other employee of the county for which he serves as constable.

...

II. FACTS

Facts provided by the requestor are set forth below, with identifying information redacted, and are
considered a part of this opinion.

Please be advised that I represent a County. This letter is being written to you to request an official opinion on the following question:

The constable of one of the County’s two districts has resigned due to health reasons. The constable’s spouse is a part-time county employee who is in charge of the County’s Senior
Citizen Center. She wants to keep that job. May the Board of Supervisors appoint her to
serve also as constable until a special election is held in November, even though she is a
part-time county employee?

III. ANALYSIS

Section 25-4-105(3)(a), Miss. Code of 1972, prohibits a county official from also being a contractor to the county. Employees are normally contractors for purposes of the Ethics in Government Laws. However, the exception codified in Section 25-4-105(4)(j) allows a constable to be simultaneously employed by the county in another position. Therefore, the individual in question may serve as constable while remaining an employee of the county.

MISSISSIPPI ETHICS COMMISSION



BY: Tom Hood, Executive Director and
Chief Counsel