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 employee of a district mental health complex may not concurrently serve in the state legislature. [6, 7, 14, 16, 19, A, B, F, M]
95-015-E A county industrial development authority may purchase from the son of one of its board members the right-of-way for an access road to an industrial development site to be deeded to a municipality for designation as a public road, provided the son is entirely financially independent from his father and has no financial relationships existing with the father including any joint business interests. [6, 9,19,31]
95-017-E A redevelopment authority may, pursuant to a management agreement, reimburse certain expenses, including expenses of providing security, incurred by its property management company when the security expenses being reimbursed are the hourly rate charges of a security company which purchases insurance coverage from one of the public redevelopment authority's board members, provided the board member recuse himself from any discussion, consideration, or action concerning the security company. [5, 19, J]
95-027-E A municipality may not purchase water/sewer supplies from the municipality's certified water/sewer operator when the certified water/sewer operator is the municipality's agent through a monthly service contract with the municipality. [5,6, 7, 19]
95-030-E A county conservation district commissioner may not participate in a water control project administered by a state agency and funded by the federal government when the commissioner's land was submitted to the commissioner's district board for approval by a local drainage district. [19, B]
95-034-E The executive director of an independent water and sewer district may become the new director of the municipality's new water and sewer board upon the municipality's take-over of the independent water and sewer district, provided the executive director of the independent water and sewer district was not a voting member of the water and sewer district which voted to approve the take-over by the municipality. [5, 7, 19]95-047-E A non-profit corporation's board member may sell insurance to the non-profit corporation which was established to purchase buildings from and then lease them to another non-profit corporation which was established to be the contract provider of mental health services to a regional mental health district. [19, I]
95-060-E It is a violation of 25-4-105(3)(b) for an economic development authority to sell property to the spouse of its assistant director. [19, A, K]
95-073-E A state district's board member's appointment to an advisory board of a bank that serves as the depository for the state district results in the board member having a prohibited interest in any contracts between the bank and the district entered into during his term and for one year thereafter in violation of Constitutional Section 109 and Code Section 25-4-105(2). Also, addresses recusal and de minimis interest. [19, 2, B]
95-083-E An appointee serving on a state commission that appropriates funds to a local entity the appointee's spouse serves as director which directly or indirectly increases the spouse's compensation violates Constitutional Section 109 and Code Section 25-4-105(2). Also, addresses penalties imposed by Code Sections 25-4- 109,111 and 113. [9,19, A, B, B]
95-095-E An executive director of a state subdivision may accept an appointment to a county tourism commission's board if the state subdivision is not contracting with the county tourism commission. [9, 19]
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 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]
95-120-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]
95-123-E A legislator within one year of the expiration of his term may not accept employment with a water management district which the legislature authorized spending for during the legislator's term as it would violate Constitutional Section 109 and Code Section 25-4-105(2). [19, B, F]
95-130-E A board member of a planning and development district [')DD] may not continue to serve on the PDD's board when he also serves on the board of a rural electric power association that is to enter into a loan agreement with the PDD. The board member has a fiduciary responsibility to both entities and therefore has a fiduciary interest in the loan contract in violation of Constitutional Section 109 and Code Section 25-4-105(2). [19, I]
95-133-E The corporation addressed below meets the definition of "government" as set forth in Code Section 25-4-103(g)(v).
1. A corporation's maintaining of a bank account/deposit agreement with a bank in which any member of its board holds corporate stock or is an employee would be prohibited by Constitutional Section 109 and Code Section 25-4-105(2).
2. The corporation's attorney's serving as chairman and as a member of the board of directors of the corporation's depository is prohibited by Code Section 25-4-105(3)(a) if the attorney has a "material financial interest" in the bank. [1, 2, 19]
94-033-E Commissioners of a Sewer district, a political subdivision of the state, may become users of the district.
94-035-E A local tourism council may disburse funds received from businesses or persons as payment to some members of the tourism council who own a company or motel which privately contracted with those businesses or persons outside the tourism council.
94-054-E A water-sewer district (District) may compensate one of its Commissioners for mileage and for serving as Secretary-Treasurer, but not for services or expenses as relates to his performing duties as Acting Manager.94-078-E 1. A local college district board of trustees may appoint one of its members to serve on a District Work Force Development Council.
2. A local college district board of trustees' member who is also an industrialist may not be provided training services for the employees of his business.
94-101-E A district board of commissioners may enter into a contractual relationship with a bank that one of its board members, now deceased, was simultaneously serving as a bank director.
94-113-E A Planning and Development District (PDD) may be a contractor with a local public entity at the same time the company of the spouse of a PDD employee is a contractor with the same local entity with both contracts involving the same grant awarded by the state.
94-114-E A Planning and Development District is advised against employing a member of the Mississippi Legislature.94-116-E 1. Board members of a sewer district may not sell property necessary for the completion of a sewer project to the sewer district to be paid for with funds from a state and/or federal loan for constructing the sewer project.
2. Board members of a sewer district may not sell property necessary for the completion of a sewer project to the sewer district to be paid for from
DCBG program funds solicited and obtained by the board of supervisors
for the sole purpose of financing the construction of the sewer project.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.
94-119-E The attorney for a wastewater district may be re-employed although his brother is now one of the commissioners of the wastewater district.
93-044-E An employee of one political subdivision (a serviceman for a gas district) may become a candidate for an office of another political subdivision (an alderman for a town).
93-045-E A member of a volunteer non-profit fire department (VFD) which is a member of a fire protection district (FPD) may not simultaneously serve as an alderman of a city which financially supports the FPD.
93-064-E A water management district (WM) 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 contiguous piece of land.
93-065-E A convention center may acquire land by Eminent Domain which is owned by one of its Commission members, under certain conditions.
93-098-E A governmental water management district (WMD) may not contract with a bank in which one of the WMD board members owns less than 1% of the stock.
93-112-E A part-time librarian of a private regional library system with contracts with the town may not simultaneously serve as mayor of the same town.
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 county supervisor.
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).
92-044-E 1. A full-time employee of a department of the state may be appointed a member of the board of directors of an Air Ambulance District (ADD).
2. A part-time employee of an ambulance service that contracts with the ADD of which the part-time employee is a board member must resign from the ADD board or cease employment with the ambulance service prior to the ADD board's modification or renewal of the contract with the ambulance service. Violations: Section 109; 25-4-105(2).
92-063-E A person elected mayor has a prohibited interest under Section 109 and 25-4-105(2) in his spouse's employment contact with a district human resource agency but not his sister's employment the municipality's depository.
92-065-E 1. A water and sewer district may compensate one of its members as its secretary treasurer.
2. A commissioner/secretary-treasurer of a water and sewer district is a "public officer."
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.
92-096-E A chancery clerk may serve as a member of the board of an air ambulance district.
92-114-E Fire protection districts are classified a both "government" and " governmental entity." Their members are" public servants."
92-117-E A business owner located in a county economic development authority (EDA), who possesses a loan in part authorized by the EDA, may be appointed to the board of directors of the EDA.
92-124-E The emancipated son and father of a chairman of a regional mental health commission may separately contract with the commission. Caution: 25-4-105(1).
92-133-E A school district board may not contract with the emancipated son of one of its members, who also lives on the board member's property. Violations: Section 109 and 25-4-105(2).
92-163-E A rural electric power association may purchase land from one of its employees. Not public servants.
92-177-E A levee board may issue an easement to a corporation which is contracting with one of the levee board members. Caution: 25-4-101.
92-203-ER A county supervisor may serve as a member of a regional planning and development district. Caution: 25-4-105(1).
92-203-E A county supervisor may serve as a member of the board of directors of a regional planning and development district. Caution: Section 109 and 25-4-105(2).
92-211-E The Mississippi Ethics in Government Laws are not applicable to private, non profit corporations organized under the laws of the State of Mississippi as electric power associations.
92-221-E A county supervisor may serve without compensation as a member of a private non-profit corporation (community action agency).
92-229-E A bank may not purchase bonds of a public regional airport authority, said purchase being a secondary purchase following an original issuance to another institution, when a member of the board of the airport authority has a material financial interest in the bank. Violations: Section 109 and 25-4-105(2).
92-233-E An employee of an emergency management district may become a part-time employee of an engineering firm which is retained by one county within the district.
91-004-E A Legislator may become an employee of a 911 system. Caution: 254-105(1).
91-063-E An executive director of a regional housing authority (RHA) may not be a paid consultant for a corporation which receives subsidy payments from the RHA. Violation: 25-4-105(1).
91-070-E An elected director of a natural gas district may simultaneously be an employee of a competing electric power association. Cautions: 25-4-105(1); 25-4-105(2); 25- 4-105(4); 25-4-105(5).
91-071-E A Legislator may participate as bond counsel for a county relating to an issue of the county which is 67% of a grant application, the remaining funds being furnished by a community development block grant.
91-095-E A flood and drainage district may compensate one of its members as its treasurer.
91-097-E Contractual relationships may exist between two political subdivisions in which and elected official of one political subdivision is an appointed official of the other.
91-099-E A county may purchase with proceed of a community development block grant land owned by a member of a private non-profit water association.
91-131-E 1. A Legislator may not own more than 10% of a corporation which does subcontracting work on road construction projects funded, in part, by the Mississippi Highway Department. Violation: Section 109.
2. Dependent upon Smith.
3. Non-voting does not remove violations of Section 109.
4. Not enough facts.
90-001-E A governmental water and sewer district may hire as a maintenance technician an emancipated son of one of its commissioners.
90-003-E A natural gas district board may fill a new administration position with a current employee who is an emancipated daughter of one of its board members and who was employed by the gas district in a different classification before her father became a board member. Caution: 25-4-105(1).
90-006-E An Emergency Communications District( ECD) commissioner may sell goods or services to units of the same county government. Caution: 25-4-105(1).90-007-E A private telephone employer of an E911 Emergency Communication District (ECD) commission member may not sell equipment to be used by the EDC. Violations: 25-4-101; Section 109;
25-4-1 05(2)(Supra); 25-4-105(1 )(Supra); 25- 4-1 05(3)(a)(Supra).90-014-E A trustee of a regional library system may own stock in and have family ties to a bank which is a depository of the same library system, provided the interest is de minimis. Violation does occur, but is probably too small to attract the attention of the courts.
90-021-E An appointed member of a city/county developmental authority may not become employed as an auditor of the same authority. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a).
90-039-E A fire commission board within a county district may not hire the fire chiefs son- in-law as a full-time fireman. Violation: 25-4-105(1).
90-045-E A member of the board of a public water district may own a de minimis interest in a bank depository of same authority, without attracting the courts' attention to the Section 109 violation.
90-051-E A county patrolman may simultaneously serve as an appointed commissioner of a sewer and water district.
90-071-E A deputy sheriff may simultaneously serve as a commissioner of the same county's fire protection district.
90-080-E A Legislator may simultaneously be employed with a county's economic development district.
90-095-E A water management district created by state statute may not contract to repair levees on land owned by one of its board members. Violations: Section 109; 25-4- 105(2); 25-4-105(1). A recusal will not prevent violations of Section 109 or 25-4-105(2).
90-102-E An executive director of a transportation authority may hire the emancipated son/daughter of one of the commissioners of the same authority.
90-104-E An employee of a regional wastewater management district (RWMD) may not become an alderman of a city which has contracted with the RWMD. Violations: Section 109 and 25-4-105(2).
90-107-E A manager of a county sewer district may not hire his emancipated son to help repair broken water pipes. Caution: 25-4-101. Violation: 25-4-105(1).
90-128-E A water management district board decides to construct a special structure on land. The affected land owner may not subsequently become a member of the board. Violations: Section 109 and 25-4-105(2).
89-11-E An engineering firm may be approved as qualified to do business with a state development district board of directors when the principal of the engineering firm is the independent son of one of the board members if the board member recuses himself from the vote.
89-17-E A director of ageing within a planning and development district which receives state, federal, and county funds but no local city funds may simultaneously serve as Alderman for a city located within the district.
89-22-E Property belonging to non-dependent children of a chairman/commissioner of a regional housing authority may be purchased by the authority without violating the conflict of interest laws if the chairman properly recuses himself from the action avoiding a violation of 25-4-105(1). Cautioned regarding 25-4-105(3)(a) and (5).
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.
89-27-E 1. An employee of a planning and development district PDD) working at a nutrition site in a city which provides in-kind and financial remuneration to PDD may not simultaneously serve as alderman of the city. Violations: Section 109; 25-4-105(a); possible 25-4-105(1).
2. The husband of the above PDD employee may not become an alderman of the city. Violations: 25-4-105(1); Section 109; 25-4-105(2).
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).
89-60-E A member of the board of commissioners of a state post authority may vend to a customer of the authority, when an enabling license issued by the board of commissioners is a prerequisite. Reference: Aseme Case. Cautions: 25-4-105(1); 25-4-105(5).
89-86-E The brother of a city alderman may be appointed to a district gas board by the board of aldermen, provided the alderman recuses herself from all deliberation relating to the appointment of the brother.
87-46-E The business partner (through business 1) of a member of the Legislature may contract, through a separate and distinct business (business 2), with a school district as a low bidder on a walkway project, provided the Legislator has no financial or other interest in the second business (business 2), and that none of the monies gained would flow to the Legislator or his business (business 1).
87-64-E The board of a state agency may not select as a depository a bank of which one of the board members simultaneously serves as a officer or director. Violation: Section 109.
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).
87-110-E A Legislator may not sell property to an authority which is partially funded by the Legislature. Violations: Section 109; 25-4- 105(2)(f).