95-001-E A county may lease office space for use by the circuit judge and court administrator from the brother of the circuit judge provided the circuit judge has no financial interest in and receives no pecuniary benefit from the leasing of the office. [9, 14, 27,28, 31]
95-002-E 1. A constable may not enter into a contract with the county of which he or she an officer for the purpose of collecting delinquent fines on a commission basis.
2. An alderman, councilman, and/or selectman may not serve in his or her elected capacity while a spouse is employed by the same municipality.
3. An employees of a district mental health complex may not concurrently serve in the state legislature. [6, 7, 14, 16, 19, A, E, F, M]
b 1. A county may pay the office telephone and utility costs for the court administrator's office when the office space and related furnishings are owned by the circuit judge, as long as the telephone and utility services are in the name of the court administrator's office and are used solely for court administrator duties.
2. A circuit judge may not issue an order that the court administrator's office be located in property titled to the circuit judge. [14, 27, 28]
95-014-E A county supervisor-elect may serve in the same county in which his spouse is employed as deputy chancery clerk provided the deputy chancery clerk is not compensated by funds provided by the board of supervisors for the performance of the duties of the chancery clerk. [14, 26, A, M]
95-018-E A person elected to the county board of supervisors may not serve in that capacity when the supervisor-elect is the lessor and the county is the lessee under a ten-year real property lease now in its fifth year. [14, M]
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]
95-041-E The spouse of a county election commissioner may become a candidate for county supervisor for the same district in which the election commissioner/spouse was elected, and if elected, serve in the office of county supervisor. [14, 21, A, M]
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]
95-069-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]
95-076-E An attorney for the county board of supervisors may practice before the court's within the county but may not be paid by the county as a public defender or share in the fees of his attorney/son who is a part-time public defender. [1, 14, 31]
95-081-E Members of the county board of supervisors and municipal governing boards may compose the board of a non-profit corporation acting as an economic development foundation when their public entities are funding the foundation if they are not compensated as foundation board members nor have personal pecuniary interests in contracts with the foundation. [6, 14, I, K]
95-088-E A county supervisor-elect's roofing company may contract with other public entities other than the supervisor-elect's county if the county is not appropriating funds to the other public entities or their projects. It violates Constitutional Section 109 and Code Section 25-4-105(2) for the supervisor-elect's company to contract with the supervisor-elect's county. [5, 9, 14, 20, M]
95-094-E A county supervisor may serve on an economic development board and an industrial development board when the supervisor's county funds both development entities without being in violation of Constitutional Section 109 and Code Section 25-4-105(2) if the supervisor is uncompensated for such service. [14, K]
95-096-E 1. A county supervisor may not be employed by a consulting firm that is presently contracting with the supervisor's county.
2. A county supervisor may contract with other governmental entities, including other counties, to help establish a self-help housing program through a federal grant when the supervisor's county has a similar grant. [14, 22]
95-108-E The conflict of interest laws and the definitions under the conflict of interest laws do apply to members of an industrial board established by a joint resolution of a municipal board and a county board of supervisors. [5, 6, 9, 14, 19, K]
95-115-E A member of a governing authority that established a joint municipal and county economic development authority:
1. may not after being contacted by an industrial prospect then contact the economic development authority to instruct its staff to make sure the industrial prospect locates on his property as to do so violates Section 25-4-105(1) and (5). Also, potential Section 109 and Section 24-4-105(2) problems.
2. may not contact an industrial prospect directly concerning his property as a potential site when he learned of the industrial prospect by reason of his official position as to do so violates Section 25-4-105(5). Also, potential Section 109 and Section 24-4-105(2) problems.
3. may attend briefings by the economic development authority that concerns a potential site owned by the member. The member was cautioned regarding Section 25-4-105(1) and (5).
A board member of a joint municipal and county economic development authority:
4. may sell property to the municipality and/or county which will then donate it to an industrial prospect. The member was cautioned regarding Section 109 and Section 25-4-105(2).
The member was cautioned regarding Section 25-4-101 in relation to all four (4) of the above issues. [5, 6, 8, 9, 14, 19, K]
95-116-E A county supervisor may not teach an emergency medical technician course at a private company and be compensated by the private company when the course is being taught for a community college which is funded by the supervisor's county. [14, 18]95-120-E A county board of supervisors may not lease a building to house a local library when the building is owned by a member of the county library advisory board of trustees. [9, 14, 19]
95-122-E An individual elected county coroner may not become a partner in an ambulance service which contracts with the county the coroner was elected to serve. [10, 14]
95-131-E A county supervisor at the expiration of his term may accept employment with a community college which his county funded during his term at the minimum mandatory level. [14, 18]
95-135-E A county supervisor-elect may continue his employment as a security guard with the county school district as long as the tax levy is limited to the mandatory amount requested by the school district and there are no contracts between the county and the county school district. [14, 20, M]
95-137-E A county supervisor-elect may continue his employment as a counselor/social worker with the county/municipal school district as long as the tax levy is limited to the mandatory amount requested by the school district and there are no contracts between the county and the county school district. [14, 20, M]
95-139-E A board attorney for the county board of supervisors may simultaneously serve as a youth court referee/judge. [1, 14, 28]
95-146-E 1. A county supervisor may purchase supplies from a company owned by his brother.
2. A county may not purchase from an automobile dealership owned by a member of the county's board of supervisors. [14, 31]
95-147-E A county supervisor-elect may not be employed with the bank serving as the county's depository. [2, 14, M]
95-149-E A county may have its depository a bank employing a supervisor-elect's son as long as they are financially independent from each other and the supervisor-elect properly recuses himself [2, 14, 31, M]
95-152-E 1. A for-profit partnership controlled by a corporation solely owned by a county supervisor may receive a loan from a public body corporation to funded a multi-family housing facility in a municipality located in the supervisor's county as long as the county is not authorizing the transactions.
2. A county supervisor may individually receive a loan from a public body corporation to fund a multi-family housing facility in a municipality located in the supervisor's county as long as the county is not authorizing the transactions. [9,14, 22, 25, B, I]
94-017-E A County Health Foundation may choose as a depository a bank which employees a supervisor's spouse when the supervisor is not a member of the Foundation.
94-030-E A county supervisor who is simultaneously a home builder/developer should not vote as to proposed changes to a county Comprehensive Plan.94-039-E 1. A County Economic Development Authority (EDA) may furnish technical assistance to a not-for-profit private foundation (Foundation) which employs one of the county supervisors.
2. The county and/or the EDA should not proceed with an application for
Federal Enterprise Community Status on behalf of a consortium which
includes the Foundation which employs the county supervisor.3. A county supervisor may be employed by a Foundation which receives
technical assistance from an EDA funded by the county.94-050-E A county supervisor may not become an employee overseeing maintenance for a municipal school district when leases and agreements exist between the county and the municipal school district.
94-057-E A county Board of Supervisors may not select as bond or legal council an attorney who has an agreement with one of the members of the Board of Supervisors to share anticipated legal fees earned in a legal matter now being handled solely by the attorney.
94-058-E A county supervisor as a general partner of a limited partnership may contract with towns within the county to construct and operate apartment developments under Home Fund Grants, if such contracts are in fact not authorized by the Board of Supervisors.
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.
94-068-E A county board of supervisors is advised against appointing to a county Port Commission a person who is a stockholder and officer of a corporation party to a contract with the county and the Port Commission.94-080-E 1. An attorney representing a board of supervisors may represent a gambling casino in a county which has legalized gambling, provided the county represented by the attorney has no contracts with the casino represented by the attorney.
2. An attorney representing a board of supervisors may represent a hospital board which receives county money, provided the attorney recuses himself in the event of a possible conflict of interest.
3. An attorney representing a board of supervisors may represent a board or entity which may come before the board of supervisors for approval of funding, with the same provisions found in 1 and 2.
94-081-E A county may contract with a business which employs the emancipated son of one of the supervisors.
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.
94-097-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.
94-111-E A state legislator may accept part-time and temporary employment with a county to perform tax appraisal services.
94-117-E A levee district employee may serve as a member of a county board of supervisors located within the levee district's limits.
94-121-E A county supervisor's attendance of a social occasion, such as a cook-out, reception, or open house that is voluntarily sponsored and extended at the volition of the particular vendor that does business with the county results in a "de minimis" interest in violation of Section 109.
94-133-E A county may accept a low bid for medical insurance from an insurance agent that employs the spouse of one of the county supervisors in a business other than the insurance agency.
94-135-E A member of a county Board of Supervisors may simultaneously serve as a city council member of a municipality located within the county where the member serves as a supervisor.
94-136-E County firemen may not work on their personal vehicles during the period of time they are being paid by the county.
94-139-E A county supervisor from a county that appropriates funds for office space, equipment, and supplies to the local welfare department, operated by the State Department of Human Services, my be approved as a foster parent by the State Department of Human Services and receive payments as a foster parent from the State Department of Human Services, provided...
93-006-E The spouse of a county supervisor may not serve the Board of Supervisors as its Secretary and Purchase Clerk.
93-023-E A county Supervisor who was represented by one member of a law firm in a private matter on a standard hourly charge may or may not make a motion or vote as to the Board's hiring of another member of the same law firm as its council, depending on determination of pecuniary benefit.
93-037-E A county employee of the County Tax Assessor may not write bail bonds returnable to the county.
93-038-E The spouse of a County Supervisor may be appointed by the Board of Supervisors to serve as Acting County Tax Assessor and Collector, and if subsequently elected to that position, may serve in that capacity.
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.
93-040-E A bank may contract with a county when the bank maintains a 401(k) account on the part of a former employee who is the spouse of a current county Supervisor.
93-055-E A county Supervisor may serve on a State Committee of the Agricultural Stabilization and Conservation Service (ASCS).
93-060-E A regional hospital may employ the son of a county supervisor when the son is also employed by a construction firm of the Supervisor.
93-064-E A water management district (WMD) may contract with a county and/or local drainage district (LDD) for the repair of levees when one of the WMD board members independently contracts with one or more of the same entities for the same type of work on a separate but continuous piece of land.
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..
93-078-E A county Supervisor may become employed by a business and sell goods or services to governmental entities outside the county.93-086-E 1. A county Supervisor may not become employed by a business which contracts with the county.
2. A county Supervisor may become employed by a business which sells fuel to other businesses which contract with the county, provided...
3. A county Supervisor may become employed by a business which contracts with other governmental entities which are not units of the county government.
93-094-E 1. An attorney for a Board of Supervisors may represent the Board of Supervisors when his law partner represents a town within the county which contracts with the county.
2. An attorney for a Board of Supervisors may be a compensated member of the board and minor stockholder of a bank depository in the county.
93-096-E A county Supervisor or his relatives may be employed by a community college which receives funding from the county authorized by its Board of Supervisors which funding does not exceed that which is mandated by statute, provided...
93-097-E A county may rent real estate from a Legislator for use of a contractor who will reappraise its county tax rolls, provided.
93-105-E A practicing attorney may become a member of the Board of Supervisors in the county of his practice.
93-113-E A member of a County Board of Supervisors may not serve on the Board of a private county Chamber of Commerce (CC C) which is funded by the county.
93-126-E A county hospital may not employ the spouse of a county Supervisor, but it may employ the emancipated son or daughter of a county Supervisor.
93-142-E A Deputy Circuit Clerk may serve as a Process Server as to Writs and Summonses issued by the Circuit Clerk, provided...
93-146-E A county Supervisor may conduct part-time inspections for a Department of the State.
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.
93-170-E A county may purchase goods from an uncle or emancipated son of a Supervisor.
93-173-E An Industrial Development Authority (IDA) may not contract with a bank to sell it land when one of the IDA Commissioners is employed by the bank.
93-176-E A community college may not contract with a member of the county Board of Supervisors to teach.
93-181-E A Justice Court Judge may not contract with the county to input data into one or more computers bought by the county for the office of the Justice Court Judge.
93-208-E A volunteer fire department (VFD) may not purchase gasoline from a service station owned by the son of a Supervisor of the county from which the Supervisor receives monthly income.
93-216-E A person elected as county Supervisor may not thereafter become affiliated with a law firm which contracts with an insurance company to represent certain county entities and public officials in the same and other counties.
93-224-E A county Supervisor may serve as an uncompensated Commissioner of a Fire Protection District within the county.
93-231-E A county may not contract with a tire repair business owned by a Justice Court Judge.
92-001-E A county community development foundation may purchase real property from a mother-in-law and father-in-law of one of the members of its board of directors who is also a supervisor.
92-004-E A county law librarian may simultaneously be employed as a family master as appointed by a chancery judge.
92-006-E An attorney for a county board of supervisors may also serve as attorney for a city board of mayor and commissioners.
92-007-E Three members of a county hospital board of trustees may not do business with the hospital and/or the county board of supervisors. Violations: Section 109; 254- 105(2).
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).
92-013-E 1. The private company of a supervisor may not contract with a corporation which sometimes contracts with the board of supervisors if the private company 5 contract with the corporation is actually a subcontract with another county. Violations: Section 109; 25-4-105(2); both per Smith.
2. The private company of a supervisor may not contract with a corporation which sometimes contracts with the board of supervisors if the private company 5 contract with the corporation is associated with the stockpiling of materials which may become a part of a contract with the supervisor's county or another county. Violations: Section 109; 25-4-105(2).
92-019-E A county may not purchase office supplies from a company owned by the spouse of the county circuit clerk. Violation: Section 109, per Smith.
92-019-ER A county may purchase office supplies from a company owned by the spouse of the county circuit clerk.
92-020-E A county supervisor may vote to retain his brother or his brother's law firm as legal counsel for the board of supervisors.
92-028-E A county supervisor may contract with federal agencies.
92-029-E A law firm of a person who is legal counsel to a board of supervisors may not become public defender of the same county. Violation: 25-4-103(a).
92-031-E A corporation in which a material financial interest exists on the part of a supervisor may not contract with a regional mental health authority. 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.
92-037-E 1. The son of a county supervisor may not be employed by the county's CDC when son lives with the father. Violations: Section 109; 25-4-105(2).
2. The son's contribution to the financial upkeep of the parents' and his residence does not violate the ethics laws.
3. Since the sons employment began before the father took office, there will be no violation until such time as the board of supervisors authorizes any budget, etc., of the EDD. Then, violations: Section 109; 254-105(2).
4. A recusal by the father will not eliminate violations of Section 109 or 12-4-105(2).
92-038-E 1. The corporation in question is a private entity and not a "government" or "governmental entity."
2. The CDA is effectively barred from the disclosure of non-public information. Section 254-105(5).
3. Individuals serving on the board of the CDA and EDD may contract with a private corporation which does no business with the board of which they are members.
4. A mayor and aldermen may contract with a private corporation which does no business with the board of which they are members.
5. Supervisors may contract with a private corporation which does no business with the board of which they are members.
92-046-E A county may contract for sand with one of its part-time employees who is considered the only source available.
92-047-E 1. A county may not contract with a non-profit corporate community health center employing one of its supervisors as executive director. Violations: Section 109; 25-4-105(2).
2. A county supervisor may become employed by the center, if it is not a political subdivision of the state, because, as stated in issue 1, the center may not contract with the county.
92-051-E An attorney may simultaneously serve as attorney for a county school district and a county board of supervisors.
92-055-E An attorney representing a board of supervisors may defend a private client being sued by a county hospital which is a political subdivision of the state and subsidized by the county.
92-057-E When matters concerning relatives and clients of relatives come before a board of supervisors, the supervisor in question should, generally, recuse himself. However, each matter should be handled on a case by case basis.
92-066-E A board of supervisors may appoint one of its members as commissioner of a regional mental health district, and the commissioner/supervisor may serve in both capacities.
92-069-E A funeral home may not contract with a county as to the transportation of bodies when the county medical examiner is employed by the funeral home. Violation: 25-4-105(3)(a).
92-071-E A supervisor may rent his private bulldozer to the affiliate of a major contractor with the state.
92-075-E A county may not contract with an electric company when the company is owned by a son of a supervisor who rents a building to the son. Violations: Section 109; 25-4-105(2).
92-076-E An emancipated daughter of a supervisor may be employed by the county hospital.
90-080-E A supervisor may attend"... an elegant Soiree de Gala..." with flight and room expenses provided by a Las Vegas casino, should the event is determined to be a social occasion. Otherwise, the supervisor violates 25-4-105(1).
92-083-E A supervisor may not become an employee of a private non-profit corporation partially supported by the county. Violations: Section 109; 25-4-105(2).
92-084-E A supervisor may not receive a loan from a multi-county planning and development district. Violations: Section 109; 25-4-105(2).
92-088-E A Legislator may sell property insurance to a municipal school district which receives minimum program funding, and to a county board of supervisors.
92-090-E A county may purchase goods from, and a county board of supervisors may approve a claims docket containing purchases from, an automobile parts house partially owned by the emancipated son of a supervisor.
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.
92-101-E A county hospital may employ the emancipated son of a supervisor.
92-103-E A supervisor and his immediate family may serve as teachers in the same county if the school district in question is a city school district and not the county's district.
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: 254- 105(3)(a).
92-115-E A Legislator may sponsor a bill which passes thus enabling a county to create a non-profit corporation to which a board of supervisors may appoint the Legislator a member of the board of directors.
92-123-E A business owned by a county supervisor may contract with cities and towns within the county and with other counties within the state.
92-126-E A circuit clerk may hire the son of a supervisor in a position which does not involve any authorization or discretion on the part of the board of supervisors.
92-129-E The spouse of a county supervisor may not be employed as a deputy tax assessor/collector. Violations: Section 109; 25-4-105(2).
92-136-E A construction firm employing the spouse of a supervisor may not be a subcontractor to a state aid contract. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a).
92-138-E A professional association (PA) may contract with a county when the chief medical officer of the PA is the emancipated son of a supervisor of the same county.
92-141-E A person may be elected supervisor whose brother is a veteran service officer of the same county.
92-146-E A county may not contract with a bank as a depository when one of the supervisors receives $6,600 annually as an advisory board member of the bank Violations: Section 109; 25-4-105(2).
92-158-E A county may not contract with a business owned by a former supervisor whose term of office expired December 31, 1991 until January 1, 1993.
92-159-E A county may contract with a business owned by its former chancery or circuit clerk whose term of office has expired.
92-167-E No action taken on whether a chancery clerk may not be appointed by a county board of supervisors to administer a $750,000 community development block grant in return for a negotiated fee. Violation: 25-4-105(3)(a).
92-168-E No action taken on whether a chancery clerk may not be appointed by a county board of supervisors to administer a $750,000 community development block grant in return for a negotiated fee. Violation: 25-4-105(3)(a).
92-170-E A school teacher in one county school system, who resides in a second county, whose spouse teaches in the second county school system, may serve as supervisor for the second county.
92-195-E Relatives of a county supervisor who are attorneys may appear before the board of supervisors representing third party clients or another governmental entity. Caution: 25-4-105(1).92-203-ER A county supervisor may serve as a member of a regional planning and development district. Caution: 25-4-105(1).
93-203-E A county supervisor may serve as a member of the board of directors of a regional planning and development district. But: 25-4-105(2); Section 109.
92-208-E A justice court clerk may simultaneously serve as a city mayor.
92-210-E A city parks and recreation manager may simultaneously be a county supervisor.
92-212-E A commissioner appointed by a county board of supervisors to a county development commission may become a candidate for city council of a city which is one of five cities which also appoints one commissioner or the CDC. Caution: 25-4-105(1).
92-221-E A county supervisor may serve without compensation as a member of a private non-profit corporation (community action agency).
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).
91-015-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.
91-025-E A county supervisor may serve as an advisory board member of a local bank depository, as the interest is de minimis, and may be too minor to attract the attention of the courts.
91-046-E An employee of a corporation locating in a county, said location financed in part by the issuance of general obligation bonds by the county acting through its county economic development district (EDD), may not be appointed to the board of trustees of the EDD. Violation: 25-4-105 (3)(a).
91-061-E 1. A county may not contract with a bank when a member of the board of supervisors is a director of the bank. Violations: Section 109; 25-4-105(2).
2. A county may contract with a bank when a member of the board of supervisors is a stockholder of the bank. Caution: 25-4-105(1).
91-073-E A Legislator may purchase a building owned by a county.
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).
91-120-E The spouse of a county supervisor may not be employed by a community hospital located in and partially funded by the same county. Violations: Section 109; 25-4-105(2).
91-123-E A county may not do business with a company employing one of the supervisors. Violations: Section 109; 25-4-105(1), (2), and (3)(a).
91-125-E An attorney may not represent multi-governmental agencies within one geographic area and also a bank which does business with the county of which same attorney represents the board of supervisors. Possible violations: Section 109; 25-4-105(1), (3)(d) and (5).
91-133-E 1. A city may not contract with a newspaper partially owned by one of the county's supervisors. Re: Smith.
91-135-E The brother of a supervisor may be appointed by the board as a trustee of a junior college.
91-137-E A county may not contract with a company employing the spouse of one of the supervisors. Violations: Section 109; 25-4-105(2).
91-138-E An attorney may simultaneously serve as a municipal judge, county youth court referee, and attorney for a county board of supervisors.
90-010-E A supervisor may have an interest in a credit life insurance company which does no business with the county.
90-012-E The brother of a supervisor may lease or sell a building to a business granted a franchise by the board of supervisors.
90-013-E A county supervisor may possess a petition to convert a road to a public road for the benefit of a foreman of the supervisor and also for the benefit of a daughter and son-in-law of the foreman.
90-040-E A board of supervisors may purchase real property from a brother of the board's attorney.
90-046-E A spouse of a county purchase clerk may be the brother-in-law of a supervisor.
90-047-E A Legislator who serves as local council to a board of supervisors issuing industrial development revenue bonds may also serve as the bond council for those bonds when such is allowed in his contract of employment.
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).
90-057-E A supervisor owning more than 10% interest in an automobile dealership may not contract to sell automobiles, parts, supplies, etc., to entities of the same county. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a); 25-4-105(1).
90-064-E A deputy sheriff may not contract with the same county to provide electrical services. Violation: 25-4-105(3)(a).
90-071-E A deputy sheriff may simultaneously serve as a commissioner of the same county's fire protection district.
90-078-E A board of supervisors may appoint a county employee (financial comptroller) as a member of a county commission (separate authority).
90-093-E An elected county prosecuting attorney may represent a county board of supervisors as relates to a local bond issue.
90-130-E The emancipated daughter of a candidate for county supervisor may continue in her employment position after the father/supervisor takes office.
90-134-E A county road manager may not sell gravel to a general contractor who is responsible for providing labour and materials responsive to a state aid contract let by the same county. Violations: 25-4-105(3)(a); 25-4-101.
89-02-E A county supervisor's appointment of his first cousin to serve as a trustee on the board of the county hospital is not a violation of the conflict of interest laws. Suggest contact the Attorney General regarding Nepotism law.
89-16-E An indirect interest of a supervisor/renter in a contract between the county and a third party renter may be removed by a sale of the rented premises to a non- dependent relative of the supervisor other than the spouse. The supervisor must recuse himself from any action on the renting of the premises after the transfer to avoid violating 25-4-105(1).
89-24-E A private businessman within a multi-county district who independently contracts with boards of supervisors for payment of services may simultaneously serve as director of an emergency medical services district encompassing a district which includes the counties with which he independently contracts.
89-29-E A sheriff's employment of his spouse as a dispatcher following the resignation of the prior dispatcher violates Section 109 and 25-4-105(2).
89-33-E 1. An independent insurance agent/supervisor may purchase a required bond through another independent insurance agent who brokers the purchase/bond through an insurance agency mutual to both.
2. The same county may accept future business from the broker agency as concerns bonds for other county officials or employees.
Cautions: 25-4-101; 25-4-105(1).
89-36-E A board of supervisors may contract with a private security company to transport prisoners which is owned by the sheriff's sons. Cautioned regarding 25-4-101 and 25-4-105(1).
89-47-E A county supervisor may participate as a landlord in a new Section 8 housing program. Cautioned regarding 25-4-101 and 25-4-105(1).
89-53-E A spouse of a member of a county board of supervisors may become a faculty member of a community college. The supervisor must recuse himself from all actions pertaining to the community college to avoid a violation of 25-4-105(1).
89-68-E A county supervisor/businessman may enter into a contract with a county school board. Cautioned regarding 25-4-105(1).
89-75-E The child of a county election commissioner may become a candidate for county supervisor. Cautioned regarding 25-4-105(1).
89-108-E A supervisor may receive per diem as a member of a county port commission.
89-116-E A county supervisor may not use his position to obtain his unemancipated child employment with a county owned hospital as to do so violates 25-4-105(1).
89-145-E 1. A county supervisor may simultaneously be employed as a census worker.
2. The simultaneous service of a person as a member of the county Democratic executive committee, alderman for a city within the county, and on a county district board of education requires an AG's opinion.
89-157-E 1. A county supervisor's renting of a building to a cable company doing business in the county pursuant to a franchise granted by the county board of supervisors violates Section 109 and 25-4-105(2).
2. A county supervisor may contract with an occupant of the county's industrial park who during the supervisor's term of office purchased a fee simple title to the property from the county.
88-19-E A board of supervisors may contract with a company when the father-in-law of one of the supervisors is part owner of the company, provided the son-in- law/supervisor and/or his wife do not benefit form the contract in any way.
88-20-E A board of supervisors may contract with the nephew of one of the supervisors, provided Section 25-4-105(4) is not violated.
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- 4-0105(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).
88-52-E A county supervisor may be employed by the State Board of Health and stationed in another county.
88-76-E The president of a board of supervisors may not, through his company, contract with a community hospital, jointly funded by the city and county. Violations: Section 109; 25-4-105(2)(f).
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.
88-101-E A county supervisor may simultaneously be employed as a bus driver for a school district located within the county which the supervisor serves.
88-112-E An elected county coroner may simultaneously serve as a deputy sheriff for the same county. Caution: appearance of impropriety.
88-133-E 1. A board of supervisors may contract with a local CPA firm which employs the emancipated daughter of one of the supervisors.
2. A board of supervisors may contract with a local CPA firm which handles many of the supervisors' personal accounting work. Reference: 88-135-E
88-134-E A mayor under a city manager/council form of government who is also an employee of the board of supervisors for the county in which the city is located (specifically, the county beat in which the city is located) may not simultaneously serve in both positions, as there exist inter-local agreement 5 with the city and county, resulting in the mayor's having an interest in a contract authorized by the board of which he is a member. Violations: Section 109; 25-4-105(2)(t); 25-4-105(1).
88-143-E A board of supervisors may not contract with a company which rents building space from a supervisor which the company uses to conduct the services for which the board wishes to contract. Violations: Section 109; 25-4-l05(2)(f).
88-145-E A board of supervisors may contract with a company which employs the emancipated son of a supervisor. Caution: 25-4-105(1).
88-161-E A county may purchase the building of an association of which a former supervisor and a current supervisor are former members.
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: 25-4-1 05(2)(a).
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-l05(2)(f).
87-02-E Members of an Economic Development Authority (EDA) may not have an interest in projects approved by the EDA with subsequent approval by other public bodies. Violations: 25-4-105(2)(f); Section 109.
87-14-E The spouse of a circuit clerk may not contract with Board of Supervisors of the same county. The circuit clerk holds a material financial interest in the spouse's business (insurance). Violations: 25-4-105(2)(a).
87-1 5-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).
87-30-E A county Supervisor may be employed by a company which utilizes the county Industrial Park and the county Port and Harbor (PHC), both largely owned by the county, since the county will have no part in the supervisor's contract of employment. However, the supervisor should recuse himself from deliberations concerning the PHC rates.
87-48-E An employee of the Yazoo City Public Service Commission (YCPSC) may simultaneously serve as a Commissioner of the YCPSC, provided the YCPSC has no authority to select its own depository. if this is not the case, a violation of Section 109 and Section 25-4-105(2)(f) would occur.
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).
87-70-E A member of a county board of supervisors may sell items to a county school district located within the same county, because the county's funding of the school district is mandatory and is in no way discretionary.
87-77-E A county sheriff may contract with a county recreation department for the lease of golf carts, because the recreation department is a "separate authority" under 25- 4-103(a).
87-97-E The trustees of a public hospital system may not delegate their statutory authority to select depositories to another agency in order to avoid application of the Ethics Laws. (Two of the trustees are bankers.) Violations: Section 109; 25-4- l05(2)(f).
87-104-E A supervisor may contract with the board of which he is a member when the contract execution is federally mandated and the amount for collection of charges, along with the amount of the charges themselves, is determined by an independent firm, and not by the board or the company of the supervisor. Otherwise, violations: Section 109; 25-4-105(1).