ADVISORY OPINION NO. 06-015-E

April 14, 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.

(l) “Pecuniary benefit” means benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. Expenses associated with social occasions afforded public servants shall not be deemed a pecuniary benefit.

(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.

(q) “Relative” means the spouse, child or parent.

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

(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.

II. FACTS

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

The City is respectfully requesting an official opinion from your office related to a proposed construction project in our city.

The City Fire Department is proposing to construct a combination burn building and drill tower at the city’s Police and Fire Training Facility. We recently advertised for competitive bids for the erection of this building. All bids, including the lowest bid, were well over the anticipated budget amount and were officially rejected by the Mayor and Board of Aldermen.

We are intending to re-bid the erecting part of the project and have been approached by a licensed general contractor who wishes to submit a bid on the project. The contractor is doing business under the name of a corporation. The contractor is the brother of the city’s Fire Chief.

Our question to you is it permissible under the State of Mississippi Ethics Laws and Rules for the contractor to bid or be involved in this project?

III. ANALYSIS

Section 25-4-105(1), Miss. Code of 1972, prohibits a public servant from using his or her position in government to obtain pecuniary benefit for a “relative.” The term “relative” is defined in Section 25-4-103(q) as a “spouse, child or parent,” but not a brother. Therefore, no violation of the Ethics in Government Laws will result if the city contracts with a company owned by the brother of the fire chief.

MISSISSIPPI ETHICS COMMISSION



BY: Tom Hood, Executive Director and
Chief Counsel