MISSISSIPPI ETHICS COMMISSION
ADVISORY OPINIONS
SPOUSES
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, B, F, M]
95-005-E     The spouse of a sheriff may be appointed by the county/youth court judge as the county court administrator in the same county in which the sheriff serves as an elected official, and serve in that position. [13, 27, 28, A]
95-009-E     A municipality operating under a code charter form of government may not contract with a printing company owned by the spouse of the municipality's city clerk if the city clerk has any control, direct or indirect, in the municipality's purchasing process. [6, 7, A]
95-012-E     The spouse of an employee of one state agency may lease property to another state agency. [A, B, E]
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]
95-022-E     A sheriff may not retain his spouse as an employee after their marriage. [11, 13, A]
95-029-E     A municipal council member should recuse himself from voting on an appointment to the board of trustees of the municipal school district when the council member's spouse is employed by the district in a teacher-level position. [6, 7, 20, A]

95-031-E     1. A county road employee elected constable cannot serve in both positions without violating 25-4-105(3)(a).

2. A constable's spouse serving as a deputy justice court clerk does not in and of itself violate the conflict of interest laws. [11, 16, 29, A, M]

95-035-E    1. A school district may not contract with a health clinic to provide medical assistance for the school's students when members of the school board are or were employees of the health clinic.

2. A school district may not contract with a health clinic to provide medical assistance for the school's students when the school district's Chapter I coordinator is the spouse of the health clinic's director if the Chapter I coordinator has a material financial interest in the health clinic's contract with the school district. [20, A]

95-039-E     A community or junior college may continue to purchases from a local sporting goods store that it has routinely purchased from in the past after one of the store's employees marries the college's assistant football coach. [18, A, B]

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]
95-052-E     A legislator's spouse may not sell office machinery to state agencies located within a specified territory assigned to the spouse by his or her employer. [A, B, F]
95-055-E     The spouse of a lessee on an existing sixteenth section lease may be appointed as a board member of the school district that is the lessor on the existing sixteenth section lease. [20, 30, A]
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, 14,24,31, A]
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]
95-060-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]
95-082-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]
95-083-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, E]
95-089-E     A municipality's leasing of real property to:
1. a nonprofit corporation or an organization compensating an alderman's spouse as a director or employee violates Constitutional Section 109 and Code Section 25-4-105 (2).
2. an organization that an alderman's spouse is an uncompensated board member requires the alderman to recuse himself to avoid violating Code Section 25-4-105(1).
3. a nonprofit corporation that an alderman's spouse is an uncompensated board member does not violate the conflict of interest laws if the nonprofit corporation does not receive public funds because it would not then be defined as a "business" under Code Section 25-4-103(c).
4. an alderman has conflicting fiduciary interests should he be part of the governing body of a church and if the church's financial support of the nonprofit corporation or organization which the alderman's spouse is associated is contingent upon the lease being entered into by the municipality. [6, A, I]
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]
95-100-E     A husband and wife, who are both teachers, may sell educational video materials to school districts other than to their school district employers. It is a violation of Section 25-4-105(3)(a) for them to sell to their school district employers. [20, A]
95-126-E     1. A school district's purchasing through a term bid with an auto parts store that employs a board member-elect after the board member-elect is sworn into office violates Constitutional Section 109 and Code Section 25-4-105(2) and (3)(a).
2. A school board member-elect may take office when his spouse was a former teacher for the school district and whose resignation was less than one year prior to the beginning date of the term of the board member-elect. [20, A, M]
95-144-E     The spouse of a municipal law enforcement officer can write bail bonds in the officer's municipality as a bail bond agent for a company the spouse it not a owner or officer. The spouse can not write bail bonds in the officer's municipality if the officer or the spouse own the bail bond company. [3, 7, A]
94-015-E     A town may purchase business forms from a company where the spouse of the mayor shares working space and does typesetting for the forms when required but does not charge for the typesetting service, provided the mayor has less than a material financial interest in the contract and recuses himself from all deliberations and votes concerning the contract.
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.
94-036-E     The spouse of a weigh enforcement officer employed by a department of the state, may own and operate a trucking company subject to laws and regulations enforced by the weight enforcement officer, provided the spouse/state employee's duties do not include those involving the trucking company of the spouse or a competitor or the spouse.
94-045-E     The spouse of an Alderman may not be a successful bidder as to a parcel of land declared surplus by a town and thereafter placed for sale to the highest and best bidder.
94-053-E     A town may simultaneously employee one spouse as its city clerk and the other spouse as Water Department Superintendent.
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.
94-082-E     The local school district duties of the spouse of the State Superintendent of Eduction may be expanded to include that of District Test Coordinator.
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.
94-091-E     A sheriff may not hire his spouse as jail administrator.
94-092-E     The spouse of an Executive Director of a department of the state may continue in a position of employment with the same department when overall responsibility for her supervision is placed under a department board member with some routine or specific supervisory duties being delegated to an acting director of one of the department's divisions or segments who reports to the board member as concerns overall supervision of the spouse.
94-103-E     A contract may exist between a bank and a state agency (System) and the spouse of the System's Deputy Director of Membership Services is an employee and officer of the bank.
94-104-E     The spouse of a candidate elected to the position of Alderman for a city may not continue in her position of employment after the spouse/Alderman takes office.

94-106-E     The spouse of a City's Mayor may not be employed by the City's Tourism Commission.

94-109-E     The spouse of a state board member may not become employed by a private firm which holds a contract with the state board.
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.

94-126-E     1. A law enforcement officer and his spouse may form a bail bonding company.

2. A law enforcement officer's spouse may write bail bonds for other bonding companies.

3. A law enforcement officer and/or the spouse of a law enforcement officer may not write bail bonds for the release of defendants into the custody of the law enforcement entity employing the law enforcement officer.

94-132-E     A municipal governing authority may not select as its depository a bank employing as a teller a council member's spouse.

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.

94-134-E     1. A municipal governing authority may vote to approve a variance of a municipal zoning ordinance on a parcel of land that a municipal council member has an option to purchase, provided...

2. A municipal council member's spouse employed by one company may not sell services to another company that has ongoing contracts with the
municipality, if...

94-137-E     1. A public school district may not purchase textbooks from a publishing company that were authorized by a district employee and his or her spouse if the district employee and his or her spouse receive a royalty from the publishing company for each textbook sold totaling $5,000 or more.

2. A public school district may not purchase textbooks from a publishing
company that were authorized by a district employee and his or her spouse if the district employee and his or her spouse receive a royalty from the publishing company for each textbook sold excluding those sold to the employing school district.

3. A public school district may purchase textbooks from a publishing
company that were authorized by a district employee and his or her spouse if the district employee and his or her spouse receive royalties from the publishing company not to exceed payments totaling $5,000.

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 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.

94-148-E     1. A senior citizen daycare center may not receive Medicaid and Medicare reimbursements when a Legislator has an ownership interest in the senior daycare center.

2. A senior citizen daycare center may not receive Medicaid and Medicare reimbursements when a Legislator is an employee of the senior day care center.

3. A senior citizen daycare center may not receive Medicaid and Medicare reimbursements when the spouse of a Legislator has an ownership interest in the senior daycare center.

4. A senior citizen daycare center may receive Medicaid and Medicare
reimbursements when the spouse of a Legislator is an employee of the
senior daycare center.

94-149-E     A Legislator's spouse may be employed as an Assistant District Attorney when he or she will be paid with funds appropriated by the Legislature and paid by the Department of Finance and Administration.

94-150-E     A candidate may be elected to the position of Selectman for a city which has employed the candidate's spouse as a police officer for several years, provided the spouse/police officer does not continue to work for the city.
93-006-E     The spouse of a county supervisor may not serve the Board of Supervisors as its Secretary and Purchase Clerk.
93-011-E     A community college may purchase goods or services from two companies owned by the respective spouses of one of its clerical employees and an Assistant Director of one of its departments, neither of whom exercises control over the purchases.
93-013-E     A community college may purchase goods or services from a company owned by the spouse of one of its faculty members who exercises no control over the purchases but whose spouse is also a member of the State Junior Community College Board.
93-015-E     A town may not accept a donation of contaminated land subject to certain contingencies when the spouse of one of the town's Aldermen is employed by a manufacturing plant making the donation.
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.
93-040-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.

93-043-E     1. A City Councilman may serve in that capacity while his wife is employed as a waitress for a casino within the city.
 
2. A long as the councilman's wife is employed by the casino, the casino may not contract with the city.

3. The councilman may become employed with a casino that is outside of the city limits and has no contractual relationship with the city.

93-051-E     The spouse of a Department of the State may contract with that Department as well as other state and federal entities, provided...

93-056-E     A Mayor's spouse may serve as Alderman of the same city, provided...
93-069-E     A town may appoint as its Town Marshall and/or water department person the spouse of its appointed Town Clerk.

93-093-E     1. A legal assistant may not sell law books to the District Attorney.

2. The spouse of the District Attorney may not remain his secretary following their marriage when her initial employment occurred before the marriage.

3. A District Attorney or a "relative" may not be paid from funds appropriated by the state for office expense allowance for monthly rental of real or personal property owned by him (or the "relative").
4. A School Attendance Officer may not be paid from the compulsory school attendance officer's office expense allowance rent for use of his home as an office.
93-106-E     A Legislator's spouse who is employed by one department of the state may not contract with another department of the state as to forestry programs.
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.
93-133-E     The spouse of a Councilperson may not serve as a Public Defender following the spouse's appointment by the Mayor in a Mayor-Council form of government.
93-134-E     A spouse of a District Attorney may not remain his secretary following their marriage when her initial employment occurred before their marriage.
93-139-E     The spouse of a Mayor may not be employed by a regional library system (RLS) in a library partially supported by the same town.
93-154-E     The spouse of a Superintendent of a school district may become employed by a bank depository of the school district, provided...
93-167-E     The spouse and/or brother of a public school superintendent may become employed by the same school district, provided...
93-191-E     A private publishing corporation may contract with a department of the state when a spouse of an employee of the private corporation is employed by the state department but who has no involvement or control over the contract.
93-194-E     An employee of a department of the state may not perform regulatory and compliance functions as to Licensure of a private day care facility owned by his spouse.
93-212-E     A city may purchase printing supplies from a business which is one of four businesses owned by a family, as Alderman and his/her spouse being employed by two of the other businesses.
92-003-E     The spouse of a city attorney may be appointed a city judge of the same city.
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.
92-025-E     The spouse of a city attorney/exlegislator may become employed by the same city's school district.
92-026-E     A public school board may hire the spouse of a Legislator as a teacher.
92-027-E     A public entity contracts for custodial services with a bank:
1. The spouse of a public servant/employee of the public entity may be a senior vice-president of a department of the bank, the public servant being legal counsel for the pubic entity. Caution: 25-4-105(1) and (5).
2. The spouse of a public servant/employee of the public entity may be a commercial loan officer of the bank, having no involvement in the bid or contract, the public servant being involved in evaluating bank bids by extracting information for use by the public entity's trustees. Caution: 25-4-105(1) and (5).
3. Not enough info to render a decision.
92-039-E     The spouse of a member of the board of trustees of the city school district may, if elected, serve as councilman for the same city.
92-052-E     A person may not become a member of a county Economic Development Board EDD) when he/she (1) is simultaneously an advisory board member of a county branch of a community college, (2) leases an office building to a department of the state, and (3) has a spouse who serves on a state commission. Violations: Section 109; 25-4-105(2).
92-054-E     The board of trustees of a county consolidated school district may not contract with a private corporation employing one of the trustees and the spouse of another. Violations: Section 109; 25-4-105(2).

92-056-E     The spouse of a constable may write bail bonds.

92-056-ER     The spouse of a constable may write bail bonds.

92-062-E     A law firm may represent clients before a state commission whose legal counsel is the spouse of one of the partners of the law firm.

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.
92-081-E     The spouse of a county prosecuting attorney may be appointed by a county court judge to be a director of a federally funded program.
92-082-E     A county school system may not contract for goods, services, or supplies from a business which is half owned by the spouse of one of its school principals. Violation: 25-4-105(3)(a).
92-082-ER     1. Sales to the principal's school: 25-4-105(3)(a) applies.
2. Sales to the schools within the same district: 25-4-105(3)(a) does not apply.
92-085-E     A sheriff may not recommend his spouse for employment with the sheriffs department. Violation: 25-4-105(1).
92-087-E     The spouse of a deputy city attorney may be awarded a contract by the city based on a low bid to supply furniture.
92-097-E     A community hospital may contract with a newspaper which employs the spouses of tow of its employees, neither of whom have a material financial interest in the newspaper.
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).
92-111-E     A person elected alderman, whose spouse is a sergeant on the city's police department, will violate Section 109 and 25-4-105(2) when the city's annual budget is adopted.
92-11 8-E     The spouse of an employee of the state may be elected election commissioner of a county.
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).
92-131-E     The spouse of a county school superintendent may be hired by the same district as a principal. Caution: 25-4-105(1).
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).
92-170-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.

92-173-E     A county school board may not contract with a corporation as to the sale of 16th Section timber when one trustee and the spouse of another trustee of the school board are employed by the corporation. Violations: 25-4-105(3)(a); Section 109; 25-4-105(2).

92-179-E     A member of a state commission may participate in formal action of the commission concerning a group of businesses previously legally represented by a spouse who now does not represent the group, but does represent one business of the group. Cautions: 25-4-105(1).
92-180-E     A bank may not be a depository of a city when the spouse of an alderman is employed by the bank. Violations: 25-4-105(2); Section 109.
92-182-E     A company may contract with a commission of the state when a spouse of a part owner of the company is an employee of the commission but who exercises no control over the contracts. No material financial interest.
92-193-E     1. A private corporation may not contract with the state when the department of the state is regulated by and affiliated with a state commission, a member of which possesses through his spouse a material financial interest in the corporation. Violations: Section 109; 25-4-105(2); 25-4-1 05(3)(a).
2. A recusal will not prevent a violation of the ethics laws.
3. A removal of a financial interest in the corporation as well as any ownership by the spouse will avoid a conflict on the part of the commissioner.
4. Should the spouse remove her interest in the corporation, the commission member may continue to advise the corporation, receiving no compensation for which. Caution: 25-4-105(1).
92-222-E     The spouse of the author of a public school's Chapter 1 program may be employed as a teacher in the public school Chapter 1 project.
92-232-E     An EDA may not contract with a private non-profit EDC when one member of the EDA board is president of the EDC, and the spouse of another EDA member is a paid executive of the EDC. Violations: Section 109; 25-4-105(2).
91-016-E     The spouse of a constable may not write appearance bonds returnable to the county. Violations: 25-4-1 05(3)(a); 25-4-105(1); possibly 25-4-105(5).
91-016-ER     The spouse of a constable may write bail bonds returnable to governmental entities other than the county in which the constable serves.
91-019-E     The spouse of a state employee may conduct a seminar, which may be attended by some state employees, concerning computers which is the general nature of the state employee's job. Caution: 25-4-105(1); 25-4-1 05(3)(a).
91-021-E     1. A county superintendent may recommend to the county school district board of education his future spouse as a principal. After their marriage, violation: 25-4- 105(1).
2. The board, upon recommendation of the superintendent, may employ the principal/future spouse under a three year contract. Caution: 25-4-105(1).
91-022-E     The spouse of a public school principal may not contract with the same public school system. Violation: 25-4-105(3)(a).
91-032-E     The spouse of a public school teacher may contract with the same public school system.
91-038-E     The spouse of a junior college teacher may become a member of the State Board of Community and Junior Colleges. Caution: 25-4-105(1).
91-044-E     1. A city councilman who is a teacher with the city's school system should not vote to confirm an appointment to the city school board. Reference 86-16-E.
2. A city councilman whose wife is a teacher with the city's school system should not vote to confirm an appointment (or related issue) to the city school board. Reference 86-16-E.
3. A city councilman may simultaneously serve as a probation and parole officer. Caution: 25-4-105(1).
4. A city councilman may serve in that position when her husband is a county prosecuting attorney sharing office space with the city prosecuting attorney.
5. A city judge, appointed by the mayor and confirmed by the council, may not represent council members as to their actions involving their service on the council. Violation: 25-4-105(3)(a).
91-054-E     A town may not contract with a bank when the spouse of an alderman is an assistant vice-president of the bank. Violations: Section 109; 25-4-105(2).
91-055-E     A city may allocate some of its tax dollars to a university when one of its aldermen is employed by the university, another alderman does business with the university, and the spouse of another alderman provides professional services to the university. Caution: 25-4-105(1).
91-077-E     The spouse of a former member of a board of trustees of a community college may  not be hire before the expiration of the spouse's/former board member's trailer.
Violations: Section 109; 25-4-105(2).
91-081-E     The spouse of a superintendent of education may be employed as a principal within the same district, provided very specific guidelines are strictly adhered to.
91-094-E     An accounting employee of a department of the state may simultaneously be an uncompensated secretary of a non-profit corporation, the uncompensated president of which is his spouse and which corporation contracts with the same department. Caution: 25-4-105(1); 25-4-105(3)(d).
91-101-E     1. A district attorney's spouse may serve as a county victim assistance coordinator.
2. A DA 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. A DA 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.
91-102-E     A road manager's spouse may be a purchase clerk of the same county.
91-107-E     1. The executive director of the Mississippi Board of Pharmacy may practice pharmacy in a retail, hospital, or nursing home setting.
2. The spouse of the executive director of the Mississippi Board of Pharmacy may practice pharmacy at a location permitted and regulated by the Board of Pharmacy.
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).
91-113-E     The certified employee of a school district may continue in that position after his/her spouse takes office as the elected superintendent. Problems may arise when the contract of the certified employee's contract is up for renewal.
91-116-E     1. A newly elected county school superintendent may request the county board of education and the present superintendent of education to employ his spouse as a secretary before he is sworn into office. Strong caution: 25-4-101.
2. The spouse, so hired may serve as the elected superintendent's secretary after he is sworn into office until her term expires. Then, possible violation: 25-4-105(1).
3. The spouse of a newly elected superintendent may serve as his uncompensated secretary under the above appointment procedure until her term expires. Then, possible violation: 25-4-105(1).

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).

91-137-E     A county may not contract with a company employing the spouse of one of the supervisors. Violations: Section 109; 25-4-105(2).
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).
90-031-E     A city may not award a contract based on a low bid to a spouse of the city's bookkeeper having no participation in the receipt, writing, opening, evaluating, awarding or payment of the bid. Violation: 25-4-105(3)(a).
90-061-E     A city may not contract with a company selling fire equipment and service which is wholly owned by the wife of the city's fire chief. Violation: 25-4-105(3)(a).
90-063-E     A school board may not contract with a vendor employing the wife of a school board member in a marketing capacity. Violations: Section 109; 25-4-105(2); 25- 4-105(3)(a); possibly 25-4-105(1).
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: 25-4-105(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).
90-082-E     A school board of a municipal separate school district may not employ as its legal counsel an attorney whose spouse is employed by the same district as a school principal. Violation: 25-4-105(3)(a).
90-083-E     The spouse of a consolidate school principal may lease 16th Section land from the county board of education.
90-97-E     A university may not expand its employee benefits program by electing an insurance company the local agent of which is the spouse of one of its faculty members. Violation: 25-4-105(3)(a).
90-97-ER     An insurance company, the local agent of which is the spouse of a faculty member of a university, may contract directly with university employees with no approval required by or payroll deductions affected by the university.
90-108-E     A city may not contract with either of two banks, the mayor being a chairman of one, and an alderman and his/her spouse being employed by the other. Violations: Section 109; 25-4-105(2).
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).
89-15-E     A city may award a contract as a result of a low bid to the spouse of a city secretary who had no participation in decisions of the city prior to, during, or after the bid process.
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).
89-18-E     The spouse of a successful candidate for alderman or mayor may not be employed by the regional library system library partially funded by the town. Violations: 25-4-105(1); 25-4-103(p); Section 109; 25-4-105(2).
89-19-E     1. A community college's purchase of commodities from a business which employs the spouse of a college as a secretary and purchasing agent violates 25-4-105(3)(a) if the "material financial interest" requirement is met.
2. A community college's purchase of commodities from a business which employs a member of the college's board of trustees violates Section 109 and 25-4-105(2).
89-20-E     A city may award a contract based on a low bid to a general contractor whose bid is composed in part of a subcontract submitted by an entity which has a management employee whose wife is a secretary for a remote and disinterested subdivision of the city.
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(2); 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).
89-29-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).
89-40-E     The spouse of a school teacher employed in a line consolidated school district may become an alderman.
89-45-E     A public school district may not purchase textbooks from a company whose sales representative's spouse is employed by the school district in the area of curriculum development because it is a violation of 25-4-105(3)(a).
89-46-E     A legislator would be prohibited from voting on appropriations funding insurance written by the legislator's spouse's company.
89-50-E     A person may serve as dean of the school of accountancy of a university whose spouse is a fully tenured professor of the same school when all supervisory functions and responsibilities as to the spouse are removed from the dean and placed with a person superior to the dean.
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).
89-61-E     The spouse of a Municipal Judge may be elected to and serve as Mayor of the city employing the Judge. Caution: Reappointment of the Judge necessitates recusal by the mayor.
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.

89-80-E     1. A county board of education is prohibited from doing business with a firm employing one of the county board of education's members in an administrative capacity as it violates Section 109 and 25-4-105(2) and (3)(a).

2. A county board of education's spouse may not be employed by a CPA firm which contracts with a the school board as it violates Section 109 and 25-4-105(2) and (3)(a).
89-82-E     A board of supervisors may select as a depository a bank which employs the fiancé (soon-to-be spouse) of the county clerk. Caution: 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).
89-89-E     The spouse of a mayor in a council-manager form of government may not be employed by the city. Violations: Section 109; 25-4-105(2).
89-94-E     A program of a university may have a nonsalaried, nonfee, no-expense-paid advisory committee member whose spouse contracts with the program as a physician consultant.
89-100-E     The spouse of a city council member-elect may not continue to be employed by the city following the swearing-in of the spouse/councilperson. Violations: Section 109; 25-4-105(2).
89-109-E     A junior college dean may not employ the spouse of the junior college president as a part-time teacher even if the dean is empowered by the board. Results in violations of Section 109 and Section 25-4-105(2) and (1).
89-115-E     A spouse of a member of the county school board is prohibited from being employed as a school bus driver for the county schools as it violates Section 109 and 25-4-105(2).
89-131-E     A candidate for school board trustee whose spouse is a secretary to the superintendent has a prohibited interest in his spouse's contract under Section 109 and 25-4-105(2).
89-134-ER     A planning and development district is a private nonprofit corporation by attorney general's opinion and not entitled to request an official advisory opinion.
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-B.
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-B. 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).
89-143-E     A business which the county tax collector and/or his spouse owns more than 10% would violate 25-4-105(3)(a) if the business sold office supplies to the tax collector's office or other offices of the county government. Also refers to 25-4-105(1).
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: 89-114-E.
89-163-E     The spouse of an assistant district attorney is not prohibited from becoming a subcontractor of the state in highway construction projects. Cautioned regarding 25-4-105(1).
89-172-E     1. A public college may not do business with a commercial firm whose owner was a member of the college's board of trustees until one year after the expiration of the trustee's term as it violates Section 109 and 25-4-105(2).
2. A public college may not do business with a commercial firm whose owner's wife is an instructor at the college as it violates 25-4-105(3)(a).
89-180-E     1. A retired county school teacher whose spouse teaches in the public schools may be a legislator. Refer Fraizer v. State.
2. A retired county school teacher is not prohibited from running and, if elected, serving in the legislature.

3. Referred the question of simultaneously drawing a legislator's salary and state retirement to the Public Employees' Retirement System.

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 foremployment within the same school district. Reference: 87-33-E.
3. Liability for violation of the ethics provisions are to be determined by a court of competent jurisdiction.

88-43-E     1. The spouse of a city council person may serve as a member of the board of a 501(c)(3) corporation. The spouse receives no compensation for service on the non-profit board.
2. The spouse of a city council person may be employed by a corporation which receives grants from the city, as the spouse's salary is compensated by state funds and no city funds.
88-54-E     1. The spouse of a member of a county school board may not be employed as a non-certified employee of the school board. Violations: Section 109; 25-4-105(2)(f).
2. The spouse/employee may not be paid as long as the spouse/school board member remains on the board. (Smith.)
88-55-E     1. The spouse of a member of a county school board may not be employed as a non-certified employee of the school board. Violations: Section 109; 25-4-105(2)(f).
2. The spouse/employee may not be paid as long as the spouse/school board member remains on the board. (Smith.)
88-56-E     The spouse of a community college president may not be employed by the community college in a non-faculty position. Violation: 25-4-105(1).
88-61-E     1. School principals may not recommend their spouses for employment in either certified or non-certified positions. Violations: 25-4-105(1); 25-4-103(p).
2. A principal may not recuse himself from his statutory duties to avoid a violation of 25-4-105(1).
88-64-E     1. A superintendent of education may not recommend his/her spouse for employment within the same school district. Reference: 87-33-E.

2. School principals may not recommend their spouses for employment in either certified or non-certified positions. Violations:
25-4-105(1); 25-4-103(p).

3. The spouse of a member of a county school board may not be employed as a non-certified employee of the school board. Violations: Section 109; 25-4-105(2)(f).

4. The sister of a school board member may be employed by the same school board, provided there are no financial ties between the school board member and his/her sister.
88-72-E     1. The spouse of a trustee of a local school district may not be employed by the school district as a teacher's aid. Violations: Section 109; 25-4-105(2)(f).
2. The board members resignation would remove a conflict under the current contract, but would not eliminate a conflict if the contract were extended or renewed within one year of the expiration of the trustee's term.
3. The resignation of the spouse of the board member would eliminate a conflict with reference to the contract which expires during the current year. The violation would not be removed for the upcoming scholastic year.
4. It makes no difference whether the board member's spouse is employed on a contractual or month-to-month basis.
5. The one year period after the board member's resignation would begin from the date the board member leaves office. (Smith v. Dorsey)
88-73-E     School principals may not recommend their spouses for employment in either certified or non-certified positions. Violations: 25-4-105(1); 25-4-103(p).
88-77-E     A principal may not delegate his statutory duties to avoid a violation of 25-4-105(1). Reference: 88-61-E.
88-79-E     School principals may not recommend their spouses for employment in either certified or non-certified positions. Violations: 25-4-105(1); 25-4-103(p). Reference: 88-61-E.
88-81-E     The wife or other "relative" of a city police officer may not issue a bail bond with the city court. Violations: 25-4-105(2)(a).; 25-4-105(1); 25-4-105(4).
88-85-E     A school board superintendent may not recommend his/her spouse for employment with the school board. Violations: Section 109; 25-4-105(1); 25-4-105(2)(f).
88-92-E     1. School principals may not recommend their spouses for employment in either certified or non-certified positions. Violations: 25-4-105(1); 25-4-103(p).
2. A principal may not recuse himself from his statutory duties to avoid a violation of 25-4-105(1). Reference 88-61-E.
88-95-E     A Court Education Program may contract with the hotel of a circuit judge, as the two are separate authorities.
88-99-E     The spouse of a curriculum director for an school district may not contract with the school district for the purpose of staff development, as that falls within the purview of the curriculum director. Violation: 25-4-105(2)(a).
88-116-E     The appointed commissioner of the department of banking and consumer finance may, with his wife, hold accounts in state-chartered and national banks; may liquidate his loans to state-chartered banks; may hold a lease with GMAC; may own stock in a state-chartered bank and national banks. The department does not enter into contracts with any financial institution. Caution: 25-4-105(1) and (4).
88-123-E     School principals may not recommend their spouses for employment in either certified or non-certified positions. Violations: 25-4-105(1); 25-4-103(p). Reference: 88-61-E.
88-129-E     The spouse of a former trustee of a school district may not receive monies from the district until one year has expired since conclusion of the board member's term.
88-130-E     The spouse of an alderman may not be employed by the city library on a part-time basis. Violation: Section 109.
88-140-E     1. A superintendent of education may not recommend his/her spouse for employment within the same school district. Reference: 87-33-E; 88-39-E.
2. Penalties to be determined by appropriate circuit court, re: 25-4-109.
88-141-E     A superintendent of education may not recommend his/her spouse for employment within the same school district. Reference: 87-33-E; 88-39-E.
88-148-E     The spouse of a school principal may not be employed by the same school, when the principal recommends his/her spouse for the employment position. Violation: 25-4-105(1). Reference: 88-61-E.
88-150-E     The spouse of a member of a county school board may not be employed as anon certified employee of the school board. Violations: Section 109; 25-4-105(2)(f). References: 88-54-E; 88-55-E.
88-169-E     A school board may continue its responsibilities under a contract with the spouse of a newly-elected board member, when the contract was initiated before the board member took office. Caution: Contract may not be renewed, extended, or modified until one year has expired following the expiration of the board member's term.
88-173-E     Relative means the spouse, parent or child.
88-175-E     The spouse of a trustee of the Bast Tallahatchie School District may be employed by the West Tallahatchie School District.
88-182-E     A university may not contract with the spouse of an employee of the financial affairs division of the university's accounting department. Violations: 25-4- 105(3)(a); 25-4-103(j).
87-06-E     An elected superintendent of education may have a step-daughter employed within the same school district.
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).
87-17-E     1. A member of the Legislature may not sell items to a state agency. Violations: Section 109; Section 25-4-105(2)(f).
2. A member of the legislature may sell items to cities, counties, and public hospitals, provided...
3. A member of the legislature may sell items to local public schools, provided.
87-26-E     The spouse of a board member may not contract with the same board for the purpose of providing medical services, including training. Violations: 25-4-105(2)(a); 25-4-105-(2)(f); Section 109.
87-27-E     A Commissioner of the Department of Natural Resources should not vote or otherwise participate in any matter which may relate to or affect any of his/her land developments, or to the any business with which the Commissioner's spouse is associated, as the commissioner would have a material financial interest. Otherwise, a violation of 25-4-105(1) would occur. Commissioner is cautioned regarding 25-4-105(4).
87-32-E     The spouse of an Alderman may be employed by the city school system, as long as the funding of the school district is mandatory and in no part discretionary. Otherwise, a violation of Section 109 would occur. Reference: 87-16-E.
87-33-E     1. The spouse of a Superintendent of Bducation may not be employed by the school district. Violations: Section 109; 25-4-105(2); possibly 25-4-105(1).
2. Although the superintendent is not a member of the district school board, per se, he/she is an integral part of the contract authorization process.
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).
87-52-E     The spouse of a school board member may no be employed by that school board. Violations: Section 109; 25-4-105(2)(f).
87-54-E     1. A separate municipal school district may continue to have as its depository a bank of which one of the city's aldermen and the spouse of another are officers.
2. The town's appointment of three members to the school board would also not violate the Ethics Laws. Caution is urged regarding 25-4-105(1).
87-56-E     The spouse of a member of the Legislature may be appointed to and serve as a member of the board of trustees of a municipal separate school district.
87-57-ER     A former alderman may not contract with the board of which he was a member until one year from the date that the alderman leaves office. There is no exception, and the time may not be shortened. Violations: Section 109; 25-4-105(2)(f).
87-85-E     The spouse of a county superintendent of education may not be employed by the same school district as a teacher. Violations: Section 109; 25-4-105(2)(f); possibly 25-4-105(1). Reference: 87-33-E.
87-87-E     The spouse of an employee of a department of the state, who is elected to serve in the Legislature, may not participate in any actions, officially or unofficially, which may affect the department of which the Legislator's spouse is an employee. Violations: 25-4-105(1).
87-90-E     A city may select as a depository a bank in which the spouse of an employee of the city is listed as a vice-president and branch manager.
87-103-E     A principal may not recommend his/her spouse for employment or re employment as a teacher. Violation: 25-4-105(1).