MISSISSIPPI ETHICS COMMISSION
ADVISORY OPINIONS
HOUSING AUTHORITIES
95-067-ER     It is a violation of Constitutional Section 109 and Code Section 25-4-105(2) if a municipal housing authority contracts with an engineering firm owned and controlled by a corporation that owns and controls a temporary personnel agency that employs a board member of the municipal housing authority. References Smith V. Dorsey. Also, cautioned as to a recusal not preventing a violation of 109 and 105(2). [25, 5]
95-080-E     An attorney for a municipal housing authority may continue to represent the housing authority after his father-in-law is appointed to the housing authority's board if they are completely financially independent of each other and the father-in- law recuses himself from matters concerning his son-in-law. [1, 6, 25, 31]
95-093-E     The spouse of a mayor may be employed by the municipality's housing authority without violating Constitutional Section 109 and Code Section 25-4-105(2) as the housing authority is a separate governmental authority from the mayor and board of aldermen. [8, 25, A]
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'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]
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]

94-110-E     1. A municipal council person may be employed as a teacher in the municipal school system, provided...

2. A municipal council person may be employed by a housing facility operated by the local housing authority, provided...

94-131-E     A municipal governing authority may appoint a principal in an architectural firm to the municipal housing authority when the appointee contracts with the municipal governing authority, provided...

94-141-E     A state legislator who is also the spouse of a municipal Council person may serve as appointed attorney of the housing authority board in the same municipality in which his or her spouse serves as Council person.

94-144-E     1. One of the current board members of the City Housing Authority may be the mother of an Alderman-elect.

2. One of the current board members of the City Housing Authority may be re-appointed for a new term by the Mayor and Board of Aldermen, on which her son is presently serving as an Alderman, provided...

92-202-E     A private company may not contract with a housing authority of a city when an employee of the company is simultaneously a member of the housing authority. Violations: Section 109; 25-4-105(2); 25-4-1 05(3)(a).
91-039-E     A former commissioner of a housing authority (HA) may not, within one year of his resignation, become an employee of the same HA. Violations: Section 109;25-4-105(2).
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).
90-002-E     An alderman may not be an independent air conditioning contractor with the city's housing authority. Violations: Section 109; 25-4-105(2).
90-005-E     A city's housing authority may not enter into a general depository agreement or any other like agreements with a bank whose 1st Vice President is the spouse of a commissioner of the same housing authority. Violations: Section 109; 25-4-105(1); 25-4-105(2).
90-055-E     A Legislator may not accept employment as a consultant for a corporation which contracts with several departments of the state. Violations: Section 109; 25-4-105(2).
90-067-E     A regional housing authority may purchase land from a corporation in a city where the mayor is also a stockholder in the corporation.
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-l05(3)(a) and (5).
89-26-E     A senior vice president of a local bank depository of a city housing authority may not simultaneously serve as a commissioner/board member of the housing authority. Violations: Section 109; 25-4-101, et. seq.
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).
89-47-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).
89-140-E     A tenant of a municipal housing authority may not simultaneously serve as a member of the board of commissioners of the same entity. Violations: Section109; 25-4-105(2); 25-4-105(3)(a).
87-39-E     After January 1, 1988, a member of a housing authority may not simultaneously be an officer or director in a banking institution that is a co-depository for the municipality. Violation: Section 109.
87-40-E     An employee of a bank contracting with a hospital system may not simultaneously serve on the hospital system's board of trustees. Violations: Section 109; Section 25-4-105(2)(f).

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.

87-78-E     A bank may not be designated as the depository for a community hospital when a member of the board of the community hospital holds a material financial interest in the bank. Violations: 25-4-105(2)(f); Section 109.
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; 25-4-105(2)(f).
87-109-E     1. The spouse of a Legislator may receive Medicaid payments for the treatment of qualified patients, provided the Legislator recuses him/herself from any and all discussions, official or unofficial, concerning Medicaid legislation.
2. A Legislator may not simultaneously be employed by a Medicaid provider. Violations: Section 109; 25-4-105 (2) (f).