95-044-E A community-based organization may not be awarded a contract by a state agency to perform planning services under a federal grant when the community-based organization's bid submitted in response to the state agency's requests for proposals (RFC) was prepared by the community-based organization's executive director who at the time he submitted the bid was serving on the state agency's steering committee established under the terms of the grant application and as a steering committee member had access to the RFC for the purpose of making comments and recommendations thereby making him privy to the requirements set out in the RFP to the exclusion of the other bidders. [22, B]
95-074-E A "memorandum of understanding" between a municipality and an industry required by a CDBG grant to require the industry indemnify the municipal for the grant amount should it not expand does not violate the conflict of interest laws even though three (3) members of the municipal board are employees of the industry. [6, 22]
95-082-E The spouse of a judge may serve as an uncompensated member of an advisory board established under the terms of a grant obtained by and awarded to the judge's court if the spouse's advisory board position is uncompensated. [22, 28, A, I]
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]
95-098-E A municipality funding a non-profit trust for historical and cultural preservation purposes when an alderman serves on the trust's board is not as such a violation of the conflict of interest laws as there are only competing public interests. There would be a violation of the conflict of interest laws if the trust compensated the alderman or the alderman received personal pecuniary benefits from contracts with the trust. [6, 22, H, I]
95-106-E A sole stockholder of a company contracting with a state agency may be employed by a state university even though both involve economic development services within the same geographical area as they are separate authorities under Section 25-4-105(4)(h). The stockholder is cautioned regarding Sections 25-4-101 and 25-4-105(1) and (5). [22, B, G]
95-107-E An alderman's parent may be a contractor under a home renovation grant funded by federal funds when the alderman's municipality received the grant if the alderman and parent are financially independent. The alderman was cautioned regarding Sections 25-4-101 and 25-4-105(1). [6, 22, 31]
95-148-E A state university may receive a grant from a state agency even though a faculty member of the university reviewed grant applications as long as the faculty member was unaware of the university's application. [22, B, G]
95-151-E A for-profit partnership controlled by a general partner that is a corporation whose chief executive officer is the executive director of a municipal housing authority may receive a loan from a public body corporation to fund a multi-family housing facility in a municipality other than the one employing the corporation's chief executive officer as the executive director of a municipal housing authority. [5, 7, 22, 25, B, I]
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 fund a multi- family housing facility in a municipality located in the supervisor 5 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]
95-153-E 1. A for-profit partnership controlled by a general partner that is a corporation whose chief executive officer is the executive director of a municipal housing authority may not receive a Home Fund grant loan from the municipality that the corporation's chief executive officer is employed by as the executive director of a municipal housing authority if the chief executive officer has a material financial interest in the corporation(s) and/or the for-profit partnership. Such a material financial interest results in a violation of Code Section 25-4-105(3)(a).
2. A for-profit partnership controlled by a general partner that is a corporation whose chief executive officer is the executive director of a municipal housing authority may receive a loan from a public body corporation to fund a multi-family housing facility in the municipality that the corporation's chief executive officer is employed by as the executive director of a municipal housing authority but should be cautious if the for-profit partnership has a loan from the municipality and the chief executive officer has a material financial interest in the corporation(s) and/or the for-profit partnership as this results in a violation of Code Section 25-4-105(3)(a).
Also, cautioned regarding Constitutional Section 109 and Code Section 25-4-105(1), (2) and (5). [5, 7, 22, 25, B, I]94-012-E 1. A former director of a city's Community Development Department (CDD) may not contract with another governmental entity (The Partnership) to perform tasks related to a grant initiated by the CDD and concerning which he was personally involved as a city employee.
2. Fees earned from the performance of a contract as outlined above may not flow to a corporation, the officers of which being the former mayor and the former CDD director.
94-026-E Two members of a local Tourism Commission may not be simultaneously associated with two not-for-profit entities which receive grants from the Tourism Commission.
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.
94-113-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.94-116-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.94-138-E Employees of a public hospital[s], including the chief financial officer, the administrator[s], and other administrative employees but not its trustees, may serve as non-compensated directors of a non-profit medical foundation established to expand and improve health care within the public hospital's service area when the public hospital[s] will be providing financial assistance and grants to the non-profit medical foundation and the non-profit medical foundation will be contracting with the public hospital[s] to provide certain health and administrative services.
93-205-E A prior division director of a department of the state may apply for a grant from the same department within one year of the time the director was employed by the department.
93-206-E Two children of a manager hired by the state to help manage two federal grants may not become employed one of the two grants.
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.
92-040-E An alderman owns approximate 4/10 of 1% of the stock of a corporation, said stock valued at $20,000. The corporation may not contract with the city and receive a community development block grant initiated by the city. Violations: Section 109; 25-4-105(2).
92-116-E A board member of a private non-profit corporate subgrantee of the state may either resign or his term expire, but thereafter may not become employed by the subgrantee. Violation: 25-4-105(2).
92-187-E A department of the state may make a grant to a newly formed non-profit corporation the executive director of which was formerly an advisor to the governor.
91-035-E An alderman may not sell goods to a contractor who is to be paid from proceeds of a Community development Block Grant awarded the city of the alderman. Violations: Section 109; 25-4-105(2).
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.
91-099-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.
91-100-E A city may loan proceeds of a CDBG grant to a non-profit corporation to renovate a donated hotel for the elderly, the uncompensated president of the donor corporation being the mayor of the same city. Caution: 25-4-105(1).91-101-E 1. A district attorney's spouse may serve as a county victim assistance co-ordinator.
2. ADA 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. ADA 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.
90-017-E An attorney serving as legal council for a city's Community Development Block Grant may not be appointed to or serve as city attorney for the same city. Violation: 25-4-1 05(3)(a).
90-111-E There is no violation of the Ethics Laws when a grant proposal by a university is submitted to a Division of a State Department, the director of which Division subsequently becomes the director of a component of the university which includes the center which receives the grant.
90-117-E A state public servant may not serve as an administrator of a grant received by a county from the state department of which the public servant is a member. Violation: 25-4-105(3)(a).
90-136-E 1. An engineering firm may not provide services to any state agencies or entities when one of the firm's owners is a Legislator. Violations: Section 109; 25-4-105(2).
2. An engineering firm may not provide services to entities receiving state or federal grants when one of the firm's owners is a Legislator, during the term of the Legislator and from one year thereafter. Violations: Section 109; 25-4-105(2).
89-32-E A city may not award the attorney for the city a contract for legal services to be performed in connection with and to be paid from funds of a Mississippi Housing Community Development Block Grant of Community Development Federal-State Programs. Violation: 25-4-105(3)(a).
89-35-E An Alderman/Vice-mayor any not simultaneously be an employee/part owner of a company contracting with the town and perform services for the company as an employee consisting of re-appraisal "recap" work enabled by a rehabilitation housing grant to the town. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a).
89-41-E A city building inspector may perform engineering services required by a grant to the city if he is so qualified, but he must do so in his capacity as a city employee without receiving additional compensation for same through the city. Otherwise, violation: 25-4-105(3)(a).
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).