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]
95-015-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, K]
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]
95-043-E A municipality may employ the son-in-law of the mayor as a police officer, provided both the daughter and the son-in-law of the mayor are financially independent and free from the control of the father/mayor. [6, 7, 8, 31]
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, 11, 14, 23, 31, A]
95-058-E It is not a violation of 109 and 25-4-105(2) for a council member's financially independent son and residential property lessee to have ownership interests in a company that contracts with the municipality. [6, 31]
95-059-E It is not a violation of the conflict of interest laws for the relatives of a law enforcement or judicial official or an attorney to have a bail bond license but there will be circumstances where the relatives will be prohibited from serving as bail agents for a public servant/relative's governmental entity. [3, 31, A]
95-061-E It is not a violation of the conflict of interest laws for the county sheriff's niece to serve as a bail bond agent in the sheriff's county but the sheriff should be especially cautious of 25-4-105(5). [3,13,31]
95-071-E An alderman may vote to approve and pay the municipality's docket of claims when it includes invoices from a hardware store owned by the alderman's brother.
This situation does not violate the conflict of interest laws as brother is not included in the definition of "relative"" set forth in Code Section 25-4-103(q). However, the alderman should recuse himself in order to avoid the appearance of impropriety under Code Section 25-4-101 and using his official position to obtain pecuniary benefit under Code Section 25-4-105(1). [6, 31]
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]
95-077-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]
95-080-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]
95-091-E A parent may be an elected member of a school and a child an elected superintendent of the same school district but the parent must recuse himself from the consideration of the superintendent/child's salary. [20, 31]
95-099-E A child of a police chief may under certain circumstances become a police officer with the police chief's municipality. The police chief was cautioned regarding Sections 25-4-101 and 25-4-105(1). [5, 7, 31]
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]
95-124-E A corporation co-owned by a publishing company which is owned by a university employee and his spouse:
1. may contract with state governmental authorities other than his university employer if the exception is met that is set forth in Code Section 25-4-105(4)(b);
2. may not contract with his university employer unless the exception is met that is set forth in Code Section 25-4-105(4)(d)(ii); and
3. may contract with state governmental authorities subject to the exceptions set forth in (1) and (2) above but the university employee would still violate Code Section 25-4-105(5) if he used non-public information obtain through his public employment to establish the new corporation and to obtain any contracts for the new corporation. [31, F, G]
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]
95-146-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]
95-149-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]
95-150-E A county coroner may contract with the coroner's Efather-in-law to transport bodies. [10,31]
95-154-E A municipality may employ the daughter-in-law of the mayor if the mayor and the son and daughter-in-law are financially independent from the mayor and the mayor properly recuses himself [8, 31]
94-006-E A partnership may bid on highway maintenance (mowing) when a person involved with the partnership is a son-in-law of one of the members of the commission which authorizes the contract, provided the daughter and son-in-law of the commission member are financially independent on the father/commission member and the commission member recuses himself from matters relating to the contract in question.
94-009-E A city may purchase land from the father of one of its Aldermen, provided the son/alderman recuses himself from all deliberations concerning the purchase of the father's land.
94-016-E A person may become the director of a Commission and continue in that capacity when his daughter secured employment with the same Commission before he became Director.
94-028-E A stepson of an Alderman may be appointed as a Department Head of a city, provided the stepson is financially independent of the stepfather/alderman and the stepfather/alderman recuses himself from all actions and deliberations concerning the stepson's contract with the city.
94-081-E A county may contract with a business which employs the emancipated son of one of the supervisors.
94-099-E A county airport board may compensate a trust for an acquired easement as the trustees include an airport board member's three adult children who are also the beneficiaries of the trust.94-107-E 1. A city councilman and the city attorney may be father and son.
2. A city councilman may also be a member of the county school board.
94-119-E The attorney for a wastewater district may be re-employed since his brother is now one of the commissioners of the district.
94-124-E A municipality acting under a Mayor-Council form of government may not employ the municipality's maintenance managers son in the municipality's maintenance department if the maintenance manager is a department head under Code Section 21-8-23.
94-143-E 1. A municipally owned utility may contract with individuals to serve as radio dispatchers for the utility after normal business hours and on weekends if the individual with whom the utility proposes to contract is the spouse of a current utility department employee serving in the personnel classification of Construction and Operations Assistant.2. A municipally owned utility may not contract with individuals to serve as radio dispatchers for the utility after normal business hours and on
weekends if the individual with whom the utility proposes to contract is the eighteen year old son of a utility department superintendent, who lives in
the home of his father and is currently attending classes through a state
rehabilitation service program.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...
94-151-E A municipality with a code charter form of government (mayor/board of aldermen) may contract with a professional engineering firm whose owner is the son of the owner of another engineering firm employing both the son and the mayor of the municipality.
93-009-E The auditor for a city may be the son-in-law of one of its aldermen, provided...
93-036-E An emancipated son of the Chief Detective of a city may become an alderman of the same city.
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.
93-084-E The daughter of a town's part-time contract worker who resides with the father may not take office as an Alderperson for the town.
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...
93-120-E A county may contract with an electric company when the company is owned by the son of a member of the Board of Supervisors who has no financial interest in the business or financial dealings with the son.
93-122-E A city may contract with a corporation owned solely by two sons, their wives and children, of its mayor who is not an officer, employee, or director of the corporation, receives no remuneration from the corporation, and who has no financial dealings with his sons, provided...
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.
93-129-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.93-144-E 1. A Board of Aldermen may retain an attorney as City Attorney who is the brother of one of the members of the Board of Aldermen.
2. The Board of Aldermen may appoint a part-time judge who is the brother of one of the members of the Board of Aldermen.
3. A Board of Aldermen may appoint a Department Head whose wife's sister is married to a member of the Board of Aldermen.
93-159-E A county school board may not hire a "relative" of one of its former board members until one year has expired since the termination of the board member's membership.
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.93-163-E A daughter of a Commissioner of a regional Mental Health Commission may become employed by a Mental Health Board within the region, provided...
93-167-E The spouse and/or brother of a public school superintendent may become employed by the same school district, provided...
93-170-E A county may purchase goods from an uncle or emancipated son of a Supervisor.93-185-E 1. A city may contract with a legal firm for services when an Alderman of the city is a mother of a member of the legal firm, provided.
2. The mother should recuse herself from voting on such matters.3. The members of the legal firm may appear before the city Board of
Aldermen as regards appeals from the city Planning and Zoning Board,
provided...93-186-E A Board of Aldermen may employ a brother-in-law of one of its Aldermen as Director of Parks and Recreation, but...
93-193-E An Alderman may be an uncompensated auxiliary member of a volunteer fire department (VFD) which is funded largely by the city and which also employs a son of the Alderman as one of its Directors and Treasurer.
93-199-E An emancipated son of a school district Trustee may bid on Sixteenth Section land matters and also enter into agricultural leases with the school district, provided. .
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.
93-208-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.93-220-E 1. A county Port Commission may not do business with a bank of which one of the Port Commissioners is an officer.
2. A county Port Commission may not do business with a bank which employs the spouse of one of the Commission members.
3. A retired Commissioner holds a "de minimis" interest in a bank. The commission should not do business with the bank until one (1) year has expired since the commissioner retired.
93-226-E An emancipated daughter of an E-911 Communications Center Commissioner may be an employee of E-911, provided...
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.
92-020-E A county supervisor may vote to retain his brother or his brother's law firm as legal counsel for the board of supervisors.
92-024-E A coroner may appoint his emancipated son as deputy coroner. Caution: 25-4-105(1).
92-030-E A city may rent or sell city industrial park land to the son-in-law of one of its commissioners.
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; 25-4-105(2).
4. A recusal by the father will not eliminate violations of Section 109 or 25-4-105(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 25-4-105(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.
6. Same as 3-5 above.
92-049-E A chancery clerk may contract with an office supply company owned by two of his aunts.
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.
92-063-E A person whose spouse is employed by a district human resources agency and whose sister is employed by a local bank, who becomes a mayor would have a prohibited interest under Section 109 and 25-4-105(2) due to the employment of his wife.
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.
92-079-E A separate school district may employ the son of one of its board members as a teacher's aid.
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.
92-101-E A county hospital may employ the emancipated son of a supervisor.
92-102-E A sheriff 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: 25-4-105(3)(a).92-121-E The son of a city/county parks and recreation chairman may not be employed as a summer worker. Violations: Section 109; 25-4-105(2); 25-4-105(1).
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).
92-126-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.
92-133-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; 25-4-105(2).
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.
92-145-E A person may become president of a community college when his/her spouse is an employee of the community college. Caution: 25-4-105(1).
92-162-E A school district may award a bid to a company which employs the emancipated son of the district superintendent, whose son is not compensated by any sales within the city.
92-175-E A school district board may contract with the emancipated son of one of its members.
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: 254-105(1).
92-214-E The spouse of a county administrator may become employed by the county tax assessor/collector.
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).
91-017-E A sheriff may employ the brother of a supervisor.
91-028-E The spouse of a school district's liaison board member may be employed by the school board.
91-041-E A school bus company may contract with a school district when the superintendent of the school district and the owner/operator of the school bus company are h brothers. Caution: 25-4-101.91-088-E A father/police chief may not recommend his son for employment by the same police department Violation: 25-4-105(1).
91-109-E A person owning a company which does business with a school district may become employed by the school district if he divests himself of company ownership by conveying all interests to two emancipated sons.
91-119-E A state employee of one state entity, who on her personal time is a spokesperson and otherwise affiliated with an alumni association of a second state entity, may hold a material financial interest in and solicit sales of products of a private company owned by a son, and which company sells products to the alumni association paid for in part by state revenues allocated to a third set of public entities. Cautions; 25-4-101; 25-4-105(1).
91-135-E The brother of a supervisor may be appointed by the board as a trustee of a junior college.
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).
90-012-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.
90-015-E A special municipal separate school district may not select as its depository a bank for which one of the trustees serves as a director and in which the trustee owns stock, the father of the supervisor also owning stock in and being a director of same bank. Violations: Section 109; 25-4-105(2); 25-4-105(1).
90-018-E The son of an alderman, who also resides with the alderman/father, may not serve as a compensated volunteer fireman for the same city. Violations: Section 109; 25-4-105(1 )(Supra); 25-4-105 (2)(Supra).
90-020-E The first cousin of a sheriff may write bail bonds for the same county.
90-027-E The wife and son of a state university project director/employee may not be paid for services. Violations: 25-4-105(1); 25-4-105(30(a).
90-030-E The emancipated daughter of a member of a school district board of trustees may be employed by the same school district.
90-034-E An alderman may be an employee of a service station owned by his father and which sells goods and services to a corporation under contract with the city.
90-038-E A board of trustees of a county medical center may hire the emancipated son-in law of one of its members to serve as chief financial officer for the medical center.
90-039-E A Board of Fire Commissioners within a county district may not hire the fire chiefs son-in-law as a full-time fireman. Violation: 25-4-105(1).
90-040-E A board of supervisors may purchase real property from a brother of the board's attorney.90-042-E A city may lease a city building to the emancipated son-in-law of its mayor.
90-046-E A spouse of a county purchase clerk may be the brother-in-law of a supervisor.
90-048-E 1. A Legislator may not lease real property to the Mississippi Department of Mental Health. Violations: Section 109; 25-4-105(2).
2. The emancipated daughter of a Legislator may lease real property to the Mississippi Department of Mental Health.
Caution on 2: 25-4-105(1); 25-4-105(5).
90-052-E 1. A city may contract a portion of the city's work to a Legislator/attorney who practices in the same city where his father is a councilman and his law associate is the city attorney.
2. The Legislator/attorney may serve as Assistant City Attorney.
3. The Legislator/attorney may serve as Acting City Attorney, City Prosecutor, or City Judge.
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).
90-062-E A city may not contract with a company providing pest control services which is owned and operated by the immediate family of a captain of the city's fire department who also is employed part-time by the same company. Violation: 25-4-105(3)(a).
90-065-E A city may employ the emancipated son of an alderman.
90-070-E 1. The husband/wife, son or daughter or kinsman within the third degree of a mayor or alderman may be employed as a teacher or teacher's aid by the municipal separate school system within the city in which the mayor or alderman serves.
2. The husband/wife, son or daughter or kinsman within the third degree of an alderman may be employed by the park commission for the city in which the mayor or alderman serves.
3. The appointed park commissioner, husband/wife, son or daughter or kinsman within the third degree may not be compensated for services rendered by the park commission where he or she is appointed as commissioner. Violations: 25-4-105(3)(a); 25-4-105(1); Section 109; 25-4-105(2).
4. The appointed park commissioner, husband/wife, son or daughter or kinsman within the third degree may not be compensated for services rendered by any other source such as league monies, private donations, or other sources of income when the park commission collects those monies and disburses said funds to those rendering the service through routine warrants for payments. Violations: 25-4- 1 05(3)(a); 25-4-105(1); Section 109; 25-4-105(2).
5. A park commissioner who acts as an umpire and is paid by a league and not the commission, may not act in his/her official capacity when in session on any official ruling stemming from disputes or settlements arising from the game in which he/she acted as umpire. Violations: 25-4-101; 25-4-105(1).
90-072-E The brother of an alderman may be a volunteer fireman in the same city.
90-084-E The emancipated son of an alderman may become a policeman for the same city.
90-094-E The unemancipated son of an ex-mayor (within one year of the expiration of the mayor's term) may not purchase real property from the city, which property was not purchasable by the ex-mayor because of the prohibitions of the ethics laws. If the son is emancipated, the purchase would be lawful.
90-098-E A school board may employ the brother of a principal and long-time employee of one of the schools.
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.
90-107-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).
90-119-E A city may purchase real property for a library site from the financially independent parents of the mayor.
90-130-E The emancipated daughter of a candidate for county supervisor may continue in her employment position after the father/supervisor takes office.
90-138-E The spouse of a councilman may become an employee of a non-profit corporation not funded by or under contract with the city of the councilman.
90-139-E A public community college may make purchases from a store owned by the emancipated son of one of its instructors.
89-02-E A county supervisor's appointment of his first cousin to serve as a trustee on the board of the count hospital is not a violation of the conflict of interest laws. Suggest contact the Attorney General regarding Nepotism law.
89-07-E 1. A chancery judge may not own an interest in a business which sells book binding services and supplies to the chancery clerks within his district. Violation of 25-4-105(3)(a).
2. A blind trust will not prevent a violation of the conflict of interest laws if it does not remove the "material financial interest" of the chancery judge or of a "relative".
3. A process whereby proceeds of a blind trust fund flow to dependent children of the chancery judge would not survive an application of the conflict of interest laws.
89-09-E A sheriff may not employ a spouse, parent or child on a part-time basis when full time employees are on vacation. Violation of Section 109 and 25-4-105(2) if a spouse or dependent child or parent. Violation of 25-4-105(1).
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.
89-16-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).
89-22-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).
89-25-E Should a candidate for alderman be elected, a conflict of interest would not occur because a brother and niece of the candidate are already employees of the city.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).
89-37-E A legislator's vote on legislation that effects a cruise ship's operation which employs the legislator's nondependent son results in a violation of 25-4-105(1).
89-51-E 1. A lease between a community college's trustee's parents and the college for which the college pays no fees or rental is not a violation of the conflict of interest laws.
2. A business owned by the community college's trustee's father at which the trustee is employed may not lease a towboat from the community college as it violates Section 109 and 25-4-105(2) and (3)(a).
89-54-E A chancellor may employ as a law clerk the son of an attorney whose law firm employs the son of the chancellor. Cautioned regarding 25-4-101 and 25-4- 105(1).
89-59-E A city attorney/Legislator may participate in and negotiate an attorney's fee relative to the refunding of a bond issue by the city as authorized by enacted legislation.
89-64-E A junior college president may recommend to his board of trustees, the hiring of an instructor, whose immediate supervisor is supervised by the brother-in-law of the instructor's husband.
89-75-E The child of a county election commissioner may become a candidate for county supervisor. Cautioned regarding 25-4-105(1).
89-77-E 1. A city alderman who operates a wrecker service may respond to requests from the city as regards wrecked automobiles when all wrecker charges are resolved between the automobile owner and the wrecker service. Caution: 25-4-105(1); 25-4-105(5).
2. A city may purchase from a tire and automobile parts business owned by or employing the emancipated and financially independent son of the mayor. Reference: 88-135-E.
3. A city may not purchase from an automobile dealership which employs the mayor on a commission basis with the mayor also having a profit sharing agreement with the dealership. Violations: 25-4-105(3)(a); 25-4-105(1) and (5). Reference: 89-71-E.
4. An alderman may vote on raises and related matters which affect his brother, a police officer of the same city. Caution: recusal.
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).
89-85-E A legislator may not lease property to a state agency even if through a trust, corporation or spouse when the ultimate beneficiaries of the lease are the legislator's spouse and dependent children. Such lease violates Section 109 and 25-4-105(2).
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.
89-101-E The brother of an incumbent municipal judge may take public office as an alderman for the same municipality. Caution: recusal.
89-103-E A person is not prohibited from being a member of a governing board of a state entity which considers on a frequent basis the suitability and purchase of products of a corporation employing the son of the same board member in a sales capacity. Cautioned regarding 25-4-101 and 25-4-105(1).
89-107-E A city may purchase from a hardware store owned by the mayor's sister.
89-111-E A city may reappoint as city clerk the sister of an alderman. Caution: recusal.
89-114-E A board of aldermen may appoint as city clerk the emancipated daughter of one of the aldermen and daughter-in-law of the mayor. Cautions: 25-4-105(1); 25-4-101.
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).
89-136-E 1. The spouse of an alderman or mayor may not be an employee of a regional library system (RLS) partially funded by the city. Violations: 25-4-105(1); 25-4- 105(2); Section 109. Reference: 89-18-E.
2. A city may not make a $500 yearly contribution to a RLS when the spouse of the mayor is the librarian for the RLS and also the city clerk. Reference: 89-19-F. Violation: 25-4-105(3)(a); Section 109; 25-4-105(2)(a) and (2)(f).
3. Relatives of a city's governing body may not be employees of the RLS when the RLS is partially funded by the city. Violation of the governing body, not the RLS.
4. The spouse of a mayor of a city may be employed by a RLS which receives no funding from the city.
5. The sister-in-law of the mayor of a city may be employed by the RLS which receives some funding from the city.
89-138-E A board of aldermen may not appoint the mayor's spouse or children nor an alderman's spouse or children to serve on a housing authority board. Violations: 25-4-105(1).
89-150-E A board of aldermen may hire the brother-in-law of one of its members.
89-156-E An alderman may not vote on matters affecting a relative who is the city clerk who held the position prior to the alderman's election. Violation: 25-4-105(1). Reference: 89-1 14-E.
89-166-E A public servant is not prohibited from participating in an interview process following which the brother-interviewee of one of the interviewers is promoted.
89-167-E A board of aldermen may hire as an employee of the town's maintenance department an emancipated son-in-law of one of the aldermen. Caution: 25-4-105(1).
89-174-E A public college president may recommend his brother to the college board of trustees for employment as a member of the faculty. Referred to the attorney general's office regarding the nepotism law.
89-179-E A city may contract sanitation services with a company which employs the mayor's brother as a district manager in a separate district.
88-18-E The emancipated son of an alderman may be employed on a part-time basis with the city's water and sewage department, provided the father does not violate Section 25-4-105(1).
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.
88-27-E The spouse of a member of a city's board of aldermen may not be employed with a bank which serves as a city depository. Reference: 86-76-E. Violations: Section 109; 25-4-105(2)(f).
88-39-E 1. The emancipated daughter of a school board member may be employed by the school district as a teacher. Caution 25-4-105(1).
2. A superintendent of education may not recommend his/her spouse for employment within the same school district. Reference: 87-33-F.
3. Liability for violation of the ethics provisions are to be determined by a court of competent jurisdiction.
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).
88-51-E A city may employ as a fireman the emancipated son of an alderman, provided the father/alderman has no interest in the contract of the son/fireman.
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).
88-59-E 1. When the emancipated daughter of a school board member is employed by the same school board as a teacher, the father/board member may participate in actions which affect all teachers.
2. The father/board member may not participate in any matters which may affect the daughter/teacher to a greater extent than other teachers. Violation: 25-4-105(1).
88-66-E 1. A school board may employ the sister and two sisters-in-law of one of its board members, provided there are no financial ties between the school board member and his/her sister and sisters-in-law.
2. A school principal may recommend his brother or sister for employment within the same school, provided the are no financial ties between the principal and his/her brother or sister.
3. The spouse of a school superintendent may not be employed as a result of the superintendent's recommendation. Violations: Section 109; 25-4-105(1); 25-4-105(2)(f). References: 87-33-E; 88-39-E.88-93-E A person may serve on the board of trustees of a school district which employs the brother of the board member. Caution: recusal.
88-124-E An employee of a department of the state may not contract with that department for the provision of services through his private company. Violations: 25-4-105(2)(a); possibly 25-4-105(1); 25-4-105(2)(d); 25-4-105(2)(e).
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
88-135-E A city may contract with an auditing firm which employs the emancipated daughter of an alderman. Caution: 25-4-105(1).
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).
88-151-E A city may accept a low bid from an insurance agency owned by the emancipated son of an alderman. Caution: 25-4-105(1); 25-4-105(4).
88-153-E A school administrator may not initiate purchases from a company owned solely by his two children and daughter-in-law. Violations: 25-4-105(1); 25-4-101.
88-170-E The director of the State Legislative Budget Office may purchase a property leased to a State Agency only after the lease has expired. The director/purchaser may contract a new lease with the state agency after the purchase.
88-171-E The emancipated son of an supervisor may be employed by the county sheriffs department, provided the father does not violate Section 25-4-105(1).
87-06-E An elected superintendent of education may have a step-daughter employed within the same school district.
87-20-E 1. Members of a board may have no interest in any contract with that board within one year of the expiration of the members' term, not from the date of resignation. Violations: Section 109; 25-4-105(2)(f).
2. A school board may be held liable for contracts issued in violation of Section 109.
3. The entering into a lease with the school board by the immediate family of a resigned board member who continues to utilize the property appears to be an attempt to circumvent Sections 109 and 25-4-105(2)(f).
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).
87-38-E A relative of a member of the board of trustees of a junior college may be employed by the junior college, provided there are no violations of 25-4-105(1) or 25-4-105(4).
87-60-E The emancipated son of a member of the board of a local health department may contract with that agency, provided there are no violations of 25-4-105(1) and (4).
87-63-E A county school board may lease 16th Section Land to the mother-in-law of one of its board members. Caution: 25-4-105(4); 25-4-101.
87-92-E The son of the law partner of the city attorney may serve as alderman for the city. Caution: 25-4-105(1).
87-108-E A board of aldermen may select as a depository a bank which employs the emancipated daughter of a former mayor.