95-003 -E A county E-911 director may become a candidate for constable, and if elected, serve in both positions. [11, 16, M]
95-007-E A county tourism commission may not contract with a moving and storage company partly owned by a member of the commission. [9, 11]
95-019-E A sheriffs 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. [9, 11, 13]
95-022-E A sheriff may not retain his spouse as an employee after their marriage. [11, 13, A]
95-023-E A city council member may sell insurance to community hospital employees through a program offered by the community hospital which allows payment by payroll deduction when the community hospital is jointly owned by a county and the city the council member represents if the decision to participate is solely the employees' and the premiums are paid totally by the employees, provided the council member recuse himself from participation in pertinent matters. [6, 7, 11,14, 24]
95-024-E A supervisor-elect may serve in that capacity when his brother is an employee of the same county, however, the supervisor should recuse himself from any board action relating to his brother. [11, 14, 31, M]95-031-E 1. A county road employee elected constable cannot serve in both positions without violating 25-4-105(3)(a).
2. A constable's spouse serving as a deputy justice court clerk does not in and of itself violate the conflict of interest laws. [11, 16, 29, A, M]
95-054-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. [9, 11, 29]
95-057-E It is a violation of 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.[9,1 1,14,23,31,A]
95-062-E It is a violation of 25-4-105(3)(a) for a county employee to be employed in more than one position or to personally contract with the authority of the county employing him but it is not a violation for the employee to perform work for different county departments. [9, 11]
95-064-E It is not a violation of the conflict of interest laws if a dispatcher is employed by a county sheriff's department, who also 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. Cautioned as to 25-4-105(1) and (5). Prohibition as to 25-4-105(3)(a) writing bail bonds to entities of employing county. [11, 3, 13]
95-069-E It is not a violation of the conflict of interest laws if a state entity which has the primary responsibility of approving the financing for projects that create jobs and provide investment in the state receiving as an appointment to its board of directors an individual who is employed as the executive director of a county economic development commission when the state entity does not contract with the county economic development commission but does on occasion finance projects in the county. Cautioned as to 25-4-105(1), (3)(d) and (5). [B,1 1, 9, 14]
95-077-E A county human resource agency:
1. may not enter into a contract with a former board member within one year of the end of the former member's term as such contract violates 109 and 25-4-105(2).
2. may have a purchasing agent that is related to another employee that works in close coordination with the purchasing agent but both must be cautious of 25-4-105(1) and 25-4-101. [9,11,31]
95-085-E It is not a violation of Code Section 25-4-105(3)(a) for a county road employee's company to contract with the county prior to July 1, 1994, nor is it a violation for a former county road employee to contract with the county after July 1, 1994. References the Supreme Court's ruling in the McCullough case. [9, 11]
95-104-E 1. A chancery clerk-elect may not retain a position on the board of directors of the county's depository as to do so is prohibited by Section 25-4-105(3)(a).
2. A chancery clerk/county administrator may not serve on the board of director's of the county's depository as to do so is prohibited by Section 25-4-105(3)(a). [2, 9,11,26]
95-134-E A insurance agency owned by the father of the attorney for the county board of supervisors may not contract with the county if the county board attorney is a part owner of the insurance agency and if the father is a partner in the county board attorney's law firm. [1,11,31]
95-136-E The conflict of interest laws do not prohibit a secretary to the board of supervisors and an assistant to the county administrator from serving as a county election commissioner as the county board of supervisors and the county election commission or separate authorities and the exception found in Code Section 25-4-105(4)(h) applies. However, there may be problems under the election laws so the requester was referred to the Attorney General. [9, 11, 21]
95-1 56-E 1. An attorney serving as county prosecuting attorney and/or attorney for the board of supervisors may simultaneously serve as a municipal board attorney.
2. An attorney serving as county prosecuting attorney may simultaneously serve as a attorney for the county board of supervisors. [1, 5, 7, 11, 12]
94-018-E A Justice Court Judge may sell insurance to employees of the county, provided the Justice Court Judge does not use his official position to secure pecuniary benefit for himself.
94-038-E A mayor may simultaneously serve as the county administrator of the same county.
94-063-E (92-019-ER)
A county may not purchase office supplies from a company owned by the spouse of the county circuit clerk.
94-090-E A District Attorney may delegate to a Board of Supervisors the responsibility and authority to employ and set the salary of one employee who is the spouse of the District Attorney.
94-091-E A sheriff may not hire his spouse as jail administrator.94-093-E 1. A full-time county road foreman may not simultaneously serve as Mayor of a Town.
2. A full-time county road foreman may not simultaneously serve as Mayor of a Town, noting both positions are salaried.3. A full -time county road foreman may not simultaneously serve as Mayor of a Town, noting that the county and town have a close working
relationship.4. A full-time county road foreman may not simultaneously serve as Mayor of a Town, noting the county makes payments to the town or provides services to the town.
94-097-E A full-time security guard for a state hospital may become a candidate for county Constable, and if elected, perform the duties of both positions.
94-100-E A county Board of Supervisors may pay a full-time employed Deputy Clerk for working in the election center.
94-102-E An attorney may be appointed as a county's public defender when the attorney also serves as special master on all lunacies, city attorney, and school board attorney.
94-115-E A state employee may campaign as a candidate for county public office and solicit campaign contributions while remaining employed by the state, provided...
94-129-E An elected County Commissioner of Elections may be employed and compensated by the County as an operator for the County's E-911 system.
94-136-E County firemen may not work on their personal vehicles during the period of time they are being paid by the county.
93-006-E The spouse of a county supervisor may not serve the Board of Supervisors as its Secretary and Purchase Clerk.
93-014-E A county school board may not contract with its teachers or maintenance employees to provide to the county schools goods or services from businesses owned by them.
93-019-E A state legislator may also serve as a county arson investigator.
93-037-E A county employee of the County Tax Assessor may not write bail bonds returnable to the county.
93-039-E A client of a Certified Public Accountant (CPA) in public practice may sell goods to a county whose County Administrator is the same CPA, provided the compensation to the CPA from the client is less than $5,000.
93-068-E The Purchase Clerk for a Board of Supervisors may resign following her marriage to one of the Supervisors, and thereafter become a Deputy Chancery Clerk for a Chancery Clerk who is then designated Purchase Clerk by the Board of Supervisors at the same salary being paid the Deputy, provided...
93-090-E An Assistant Public Defender of a county may simultaneously serve as a city Councilman, provided...
93-109-E A county tourism bureau may not contract with a private chamber of commerce when a person is a member of both governing boards.
93-129-E A daughter (who lives with her parents) of a board member of a library system may not become an employee of the library.93-138-E A County Road Manager may not hire his son-in-law as a foreman.
93-142-E A Deputy Circuit Clerk may serve as a Process Server as to Writs and Summonses issued by the Circuit Clerk, provided...93-162-E 1. A county may do business with the son of one of its employees, provided..
2. A current sheriffs office employee may transfer to a department under
supervision of the Board of Supervisors, the employee being a Board of
Supervisors member's sister-in-law.93-175-E An assistant data clerk and secretary for a county Tax Assessor may not accept a fee from a citizen to furnish him information from property record cards and tax receipts.
93-210-E An Alderman may be employed as a lieutenant of a Sheriffs Office or as a captain of a Metro Narcotics Unit, formed by local governmental entities including his city and funded by a federal grant.
93-211-E A Sheriffs Department may purchase radio equipment from a vendor which licenses a Sheriffs Deputy as a dealer, provided..
93-227-E An off-duty police detective may be employed as a Deputy Coroner, provided...
92-004-E A county law librarian may simultaneously be employed as a family master as appointed by a chancery judge.
92-010-E A county supervisor may not become employed by a county tourism board or commission within one year of the expiration of his term of office, such agency formed as a result of state, local, and private legislation and implemented by a board of supervisors. Violations: Section 109; 25-4-105(2).
92-032-E An uncompensated auxiliary county deputy may be a vendor with the county and buy surplus county property.
92-043-E A county school employee may publish a non-governmental newsletter on his own time, separate and apart from his county employment.
92-046-E A county may contract for sand with one of its parttime employees who is considered the only source available.92-056-E The spouse of a constable may write bail bonds.
92-056-ER The spouse of a constable may write bail bonds.
92-059-E A Legislator may not simultaneously serve a director of both a county juvenile center and a private boys and girls home. Violations: Section 109, re: Smith.
92-078-E A special master of a chancery court may become a city attorney.
92-091-E A county board of supervisors may designate the chairman and member of the county economic development district to serve as assistant purchase clerk for the county.
92-104-E A county may not contract with a blacksmith shop owned by the spouse and son of one of its employees who also occasionally works for the shop. Violation: 25-4-105(3)(a).
92-107-E A sheriffs office may not compensate one of its deputies for the storage of evidence. Violation: 25-4-105(3)(a).
92-125-E A county medical examiner investigator (CEMI) may have as a deputy CEMI a person who is simultaneously director of a local funeral home.
92-143-E A county employee may serve as an elected election commissioner for a district of the county.
92-163-E A rural electric power association may purchase land from one of its employees. Not public servants.
92-165-E The spouse of a cafeteria manager of a county school district may not serve as an elected member of the same district's school board. Violations: Section 109; 25-4-105(2).
92-191-E A full-time employee of a county sheriff may be elected and simultaneously serve as a county election commissioner.
92-208-E A justice court clerk may simultaneously serve as a city mayor.
92-225-E 1. A constable may simultaneously serve as a collection agent for the county justice court.
2. A constable may receive a $20 fee for serving arrest warrants in the capacity of collection agent.
Referred to AG.92-231-E A county hospital employee may not continue in that position after taking office as a supervisor. Violations: Section 109; 25-4-105(2).
91-006-E A daughter of a board member of a county hospital may not become an employee of the hospital. Violations: Section 109; 25-4-105(2); 25-4-105(1).
91-008-E A municipal police officer may simultaneously become a candidate for county constable and if elected serve in both positions. Caution: 25-4-105(1).
91-010-E A city clerk may serve on a county Democratic executive committee. Caution: 25-4-105(1).
91-01 1-E 1. A school board member may contract with his prior board after twelve months from the time his resignation was effective.
2. The date of the former board member's interview depends upon several circumstances.
91-015-E A supervisor may contract in a private capacity with a department of the state for office space for the administrative division of that department.
91-016-E The spouse of a constable may not write appearance bonds returnable to the county. Violations: 25-4-105(3)(a); 25-4-105(1); possibly 25-4-105(5).
91-016-ER The spouse of a constable may write bail bonds returnable to governmental entities other than the county in which the constable serves.
91-021-E 1. A county superintendent may recommend to the county school district board of education his future spouse as a principal. Alter their marriage, violation: 25-4-105(1).
2. The board, upon recommendation of the superintendent, may employ the principal/future spouse under a three year contract. Caution: 25-4-105(1).
91-023-E A county E-911 supervisor may become a candidate for constable and if elected serve in both positions. Caution: 25-4-105(1).
91-042-E An employee of the state Department of Agriculture may simultaneously fill an unexpired term of a constable and thereafter, simultaneous with his continued state employment, pursue a candidacy for the constable position.
91-060-E 1. An elected constable may serve as a full-time sheriffs department investigator under the ethics laws. (Referred to AG.)
2. The constable/sheriffs investigator may not perform constable duties and receive consequent fees while on duty for the sheriffs department. Violation: 25- 4-105(1); 25-4-101.
91-072-E A Legislator may simultaneously be a county public defender. Caution: 25-4-105(1).
91-076-E 1. Does not deal with public employees.
2. A fire fighter may not simultaneously serve as Fire Protection District (FPD) board member. Violations: Section 109; 25-4-105(2); 25-4-105(1).
3. A county fire coordinator may simultaneously serve as a county supervisor.
4. The member of a public entity who violates the ethics laws is personally liable.
91-101-E 1. A district attorney's spouse may serve as a county victim assistance coordinator.
2. A DA may serve as an adjunct faculty member or pursuant to federal grant as an instructor after hours or on weekends with an institute believed to be associated with a university.
3. A DA may recommend to a judge the treatment, supervision, counseling, etc., of probationers at a non-governmental facility employing the spouse of the DA.
4. Re: Smith v. Dorsey.
91-102-E A road manager's spouse may be a purchase clerk of the same county.
91-105-E A member of a municipal school district may not become employed by a vocational center created and operated by the municipal and county school district. Violations: 25-4-105(2); Section 109.
91-106-E A county school teacher or principal's sending of their child to a private academy or school does not violated the ethics laws.
91-111-E The spouse of a newly elected supervisor may not continue in her position as deputy justice court clerk. Violations: Section 109; 25-4-105(2).
91-126-E A city councilman may or may not simultaneously be employed as a coordinator of a county's worthless check unit, depending upon Smith.90-046-E A spouse of a county purchase clerk may be the brother-in-law of a supervisor.
90-050-E A county medical examiner investigator may not contract with the county employing him by way of a lease of his vehicle to transport bodies. Violation: 25- 4-105(3)(a).
90-051-E A county patrolman may simultaneously serve as an appointed commissioner of a sewer and water district.
90-060-E 1. A county appraiser may not list her county office telephone number in advertisements of her private real estate and appraising business. Violation: 25-4-105(1).
2. The sister of a county appraiser may become employed by the county tax assessor's office.
3. A county appraiser may not recommend or authorize her daughter for employment with the tax assessor's office. Violation: 25-4-105(1).
90-061-E A city may not contract with a company selling fire equipment and service which is wholly owned by the wife of the city's fire chief. Violation: 25-4-105(3)(a).
90-064-E A deputy sheriff may not contract with the same county to provide electrical services. Violation: 25-4-105(3)(a).
90-075-E An elected coroner may simultaneously be employed as an EMT of a county supported hospital.
90-076-E A county attendance officer may simultaneously be employed as a census worker.
90-078-E A board of supervisors may appoint a county employee (financial comptroller) as a member of a county commission (separate authority).
90-080-E A Legislator may simultaneously be employed with a county's economic development district.
90-107-E A manager of a county sewer district may not hire his emancipated son to help repair broken water pipes. Violations: 25-4-101; 25-4-105(1).
90-116-E A county attorney may not rent office space or sell property to the county which he serves. Violation: 25-4-105(3)(a).
90-123-E 1. An attorney employed on a monthly retainer or hourly rate basis by a public agency is a "public servant."
2. A public agency's retained attorney may advocate a position consistent with that of his agency which enures to the benefit of a private client(s).90-129-E A resident of a house also occupied by a county school district secretary may become a member of the county school district's board of trustees.
90-134-E A county road manager may not sell gravel to a general contractor who is responsible for providing labor and materials responsive to a state aid contract let by the same county. Violations: 25-4-105(3)(a); 25-4-101.
89-13-E The business in which a chancery clerk, who is also county administrator, holds less than a material financial interest may contract with the county in which the clerk/administrator serves. Several caution issued.
89-81-E 1. A part-time consulting county engineer is cautioned against approving roads constructed by a developer by specifications and under the supervision of the county engineer's emancipated son, an engineer in a separate private practice. Violations: 25-4-101; 25-4-105(1).
2. A part-time consulting county engineer is cautioned against setting bonds for a developer on newly developed subdivisions, the roads of which are engineered by and constructed (supervised) by the county engineer's son. Violations: 25-4-101; 25-4-105(1).
89-82-E A board of supervisors may select as a depository a bank which employs the fiancé" (soon-to-be spouse) of the county clerk. Caution: 25-4-105(1).
89-127-E A city councilman may simultaneously serves as a county inventory control clerk and county veterans' advisor. Cautions: 25-4-101; 25-4-105(1).
89-135-E An elected justice court judge may not simultaneously be employed by a county as a school crossing guard. Violation: 25-4-105(3)(a).
89-162-E 1. A Legislator may not simultaneously be employed as an investigator for a district attorney. Violations:
2. A Legislator may simultaneously be employed as a county patrolman.
89-173-E A Legislator may simultaneously serve as a director of both a county juvenile center and a private boys and girls home.
88-35-E 1. Members of the board of supervisors of a county may not purchase at auction items once owned by the county. Violations: Section 109; 25-4-105(2)(b); 25-40105(2)(f).
2. Employees of the board of supervisors of a county may not purchase at auction items once owned by the county. Violation: 25-4-105(2)(b).88-48-E A county may contract with a company which employs the emancipated daughter of one of the county's supervisors. Caution: 25-4-105(1); 25-4-105(4).
88-53-E The dependent daughter of a county supervisor may be employed by a county hospital in the same county, per Section 25-4-105(3)(h).
88-80-E The spouse of a county supervisor may not be employed as the secretary for the County Civil Defense. Violations: Section 109; 25-4-105(2)(f).
88-94-E A member of a board of trustees for a county hospital may simultaneously be employed by the board of supervisors for the county in which the hospital is located.
88-96-E The spouse of a county supervisor may be employed by the county hospital, provided 25-4-105(1) is not violated.
88-97-E A subcontractor of a county hospital may not simultaneously serve in the hospital's board of trustees. Violations: Section 109; 25-4-105(2)(f).
88-98-E A member of a county library board may not be awarded a bid on a contract with the library board. Violations: Section 109; 25-4-105(2)(f).
88-101-E A county supervisor may simultaneously be employed as a bus driver for a school district located within the county which the supervisor serves.
88-109-E A school attendance officer may simultaneously be employed by a county school board as a school bus driver.
88-112-E An elected county coroner may simultaneously serve as a deputy sheriff for the same county. Caution: appearance of impropriety.
88-123-E School principals may not recommend their spouses for employment in either certified or non-certified positions. Violations: 25-4-105(1); 25-4-103(p). Reference: 88-61-E.
88-126-E A county administrator may serve on the board of a community action program. Caution: 25-4-101.
88-129-E The spouse of a former trustee of a school district may not receive monies from the district until one year has expired since conclusion of the board member's term.
88-140-E 1. A superintendent of education may not recommend his/her spouse for employment within the same school district. Reference: 87-33-E; 88-39-E.2. Penalties to be determined by appropriate circuit court, re: 25-4-109.
88-144-E A selectman may simultaneously be employed by a county vocational complex. Caution: 25-4-105(1).
88-147-E An employee of a school district may not be employed by a separate firm for the partial fulfillment of the firm's contract with the school district. Violations: 25-4-l05(2)(a); possibly 25-4-105(1).
88-152-E The wife of a former school board member may not be employed by the school board until one year has expired since the expiration of the board member's term. Violation: Section 109.
88-155-E An member of a consolidated school board may simultaneously be employed by the county-wide school district, based upon the following:
1. the fact that the consolidated district board has no authority of any kind in the county district board's hiring of employees; and
2. the student transportation duties lies within the county district, not with any of the consolidated districts.
88-157-E A consolidated school district board may use as a depository a bank of which the board attorney is a member of the board of directors. Based upon the fact that the county school district has total control over the placement of funds in the depository, even though the funds are designated for the consolidated school district's use.
88-158-E The wife of a former school board member may not be employed by the school board until one year has expired since the expiration of the board members term. Violation: Section 109. Reference: 88-152-E.
88-172-E A deputy sheriff/owner of a plumbing contracting business may not contract with the board of supervisors, as that is the same governmental entity of which he is an employee. Violation: 25-4-105(2)(a).
88-175-E The spouse of a trustee of the East Tallahatchie School District may be employed by the West Tallahatchie School District.
88-176-E A former supervisor may not be employed by the county sheriffs department prior to the expiration of one year after he left office. Violation: 25-4-105(2)(t).
88-177-E A county supervisor may simultaneously be employed as a teacher by a school district located within the county.
88-178-E The sister of a school board trustee may be employed by the same school district.
88-179-E The spouse of a member of the County Board of Education may be employed by a consolidated school district in the same county.
88-184-E The emancipated daughter or daughter-in-law of a school board member may be employed by the school district, provided the board member recuses him/herself from any and all matters affecting the relative's contract of employment.
87-15-E 1. An elected Supervisor would violate Section 109 if he received funds from the sale of fresh produce to the county school district if the funds originate from discretionary tax levies. Funds originating from mandatory tax levies would not cause a 109 violation.
2. The Supervisor may receive funds from the sale of fresh produce to a Separate school district located within the county, since the city council provides and authorizes all funding.
87-28-E An father-in-law of an elected supervisor may continue as an employee of the supervisor's beat, as the father-in-law is not a "relative" under 25-4-103(p).
87-43-E A member of the Legislature may sell insurance to a county hospital provided that premiums to be paid under the proposed contract are not contingent upon the hospital's receipt of Medicaid funds. Possible violations: 25-4-105(10 and (4).
87-47-E A chancery clerk for a county may simultaneously serve as a member of the board of trustees of a county hospital.
87-50-E A director of a depository selected by the board of supervisors may simultaneously serve as a member of the county port commission when port commission funds are placed in the depository, because the port commission has no authority over the selection of its depository.
87-69-E The spouse of an appointed member of a county board of supervisors may not continue to be employed by the county in the Tax Assessor's office, as the budget for the office is approved by the board of supervisors. Violation: 25-4-105(2)(f).
87-84-E A legislator may simultaneously serve a an assistant to a county administrator within the district for which he serves in the Legislature. This decision is based on the absence of legislative funding or authorization of the administrator's office.
87-91-E 1. An alderman may simultaneously serve as director of a county port commission, as the city provides no funding to the port commission.
2. An alderman may not simultaneously be employed by an agency which receives funding from the city for the purpose of agency salaries. Violations: Section 109; 25-4-105(2)(f).
3. An alderman may simultaneously serve an the advisory board for the bank which serves as the city's depository. Violation: Section 109.
4. An alderman may be employed by a county school district for the county in which the city is located, as they are tow separate governmental agencies.
87-93-E The former employee of a board of supervisors, filling the unexpired term of a retired supervisor, may not return to the employ of the board of supervisors until one year has expired after the date of the former employee/interim supervisor's term. Violations: Section 109; 25-4-105(2)(f).
87-99-E A Legislator may simultaneously be employed as a county youth court juvenile counselor, as the youth court receives no state funding. Caution: recusal.
87-100-E Bankers whose banks serve as board depositories only serve on boards which are subservient to the board which makes the decisions selecting depositories. Otherwise, Violations: Section 109; 25-4-105(2)(f). Reference: 87-48-E.