ADVISORY OPINION NO. 06-048-E

September 1, 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.

(a) “Authority” means any component unit of a governmental entity.

(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.

II. FACTS

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

This letter is to request an opinion as to whether it would be a conflict if I accepted a part-time position at a Regional Correctional Facility as Registered Nurse. I currently hold the position as County Coroner for the County.

III. ANALYSIS

Section 25-4-105(3)(a), Miss. Code of 1972, above, prohibits a public servant from being employed by or otherwise being a contractor “with the governmental entity of which he is a member, officer, employee or agent.” That rule precludes a county elected official from holding a second employment position in the same authority of county government. This Commission has previously opined that a coroner is prohibited from being employed by other offices of county government. See Ops. Miss. Ethics Commn. Nos. 05-104-E, 05-004-E, 01-045-E, 99-105-E, 96-088-E and 96-003-E.

Pursuant to Section 47-5-931, Miss. Code of 1972, the Mississippi Department of Corrections “may contract with the board of supervisors of one or more counties and/or with a regional facility jointly operated by two (2) or three (3) counties” to house state inmates. The regional facility in question is named in this statute, and the employees of that facility are employees of the county which the requestor serves as coroner. Therefore, the requestor may not be employed by the county as a nurse at the county owned and operated regional correctional facility.

MISSISSIPPI ETHICS COMMISSION


BY: Tom Hood, Executive Director and
Chief Counsel