C:\PROGRA~1\TEXTBR~1\TIFFS\MEC\OUT533.HTM

MISSISSIPPI ETHICS COMMISSION ADVISORY OPINIONS STATE AGENCIES

95-01 2-E The spouse of an employee of one state agency may lease property to another state agency. [A, E, B]

95-030-E A county conservation district commissioner may not participate in a water control project administered by a state agency and funded by the federal government when the commissioner's land was submitted to the commissioner's district board for approval by a local drainage district. [19, B]

95-038-E A state entity which has as a primary responsibility the approval of financing for projects that create jobs and provide investment in the state may receive as an appointment to its board of directors an individual who serves on the advisory board of a large bank that conducts business with the state entity, provided the individual's interest in the bank is "de minimis." [2, B]

95-040-E A state agency's assistant agency head having the responsibility for recommending the approval or disapproval of the education programs of public and private institutions to a state commission having the authority to approve the education curriculum's of these institutions:

1. may accept an instructor's position with the education program of one of the private institutions;

2. may accept an instructor's position with the education program of one of the public institutions; and

3. may accept an instructor's position with a program other than the education program of one of the public or private institutions. [B, C, G]

95-042-E A state board with members from the industries regulated by the board may not vote on regulations that authorize contracts which its members may be interested per 109; may not vote on regulations and licencing restrictions that affect the pecuniary interest or benefit of the member or member's business; or disclose non public information that could provide a pecuniary benefit to the member or member's business. A member voting on regulations and licencing restrictions that are general in nature would not be construed as use of office. [B]

95-044-E A community-based organization may not be awarded a contract by a state agency to perform planning services under a federal grant when the community-based organization's bid submitted in response to the state agency's requests for proposals (RFP) was prepared by the community-based organization's executive director who at the time he submitted the bid was serving on the state agency's steering committee established under the terms of the grant application and as a steering committee member had access to the RFP for the purpose of making comments and recommendations thereby making him privy to the requirements set out in the RFP to the exclusion of the other bidders. [22, B]

95-045-E A former associate manager of a state agency whose primary duty was to manage grant applications from local governments and to monitor grantees may become a consultant to local governments providing assistance in making new applications for grants to his or her former state agency employer, provided the former associate manager limits his or her consultant work to grant applications and/or grants that originate after his or her termination with the state agency. [6, B, E]
95-049-E 1. A shareholder in a law firm elected to the state legislature and/or the firm may represent a private company in negotiating a contract on behalf ot the fee arrangement is not contingent upon the success of negotiating the contract or the terms of the contract.
2. The shareholder and/or the firm may represent a client in litigation between the state or any agency of the state and the private client when the representation would be on a fee basis and not contingent upon the out come of the litigation.

3. The firm may continue its current representation of numerous health care providers, including community hospitals, private hospitals and private physicians most of which receive Medicaid reimbursement when the firm is retained by these health care providers on a hourly fee basis. [1, 24, B, F]
95-051-E 1. A legislator/attorney's law partner's providing of legal representation to a state agency that receives money appropriated by the legislature results in a violation of Constitutional Section 109 even if the legislator/attorney does not share in the fees received by his law firm for that particular representation.
2. If the law partner of a legislator/attorney represents a client in such ways as drafting legislation which the client then tries to have introduced and passed by the legislature, the legislator/attorney may avoid a violation of Code Section 25-4-105 by:
a. completely recusing himself/herself as a legislator from any action or consideration of the particular piece of legislation which his law partner has drafted; and
b. not sharing in the fees generated from the representation by the attorney/legislator's partner (although this would not remove a potential violation of Constitutional Section 109). [1, B, F, L]

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]

95-053-E The law firm of a legislator may not represent an insurance company's interest in defense of medical practitioners employed by a state institution when the insurance coverage is purchased by the state institution. [1, 23, B, F]

95-063-E It is not a violation of the conflict of interest laws for a state employee to have a part-time job but where the part-time job is with an association regulated by the state agency there are many potential conflicts of interest and an appearance of impropriety under 25-4-101. [B, E]

95-066-E It is a violation of Constitutional Section 109 and/or Code Section 25-4-105(2) if board members of a state commission and a state stewardship coordinating committee administer a federal incentive program including the establishment of cost-share rates to be paid for implementing the practices by landowners to prepare plans to accomplish the practices which results in the board members being paid by the landowners under the federal incentive program at the cost-share rate they set as board members of the state commission and/or the state stewardship coordinating committee. Recusal and caution as to 25-4-105(1) and 25-4-101. [B]

95-069-E It is not a violation of the conflict of interest laws if a state entity which has the primary responsibility of approving the financing for projects that create jobs and provide investment in the state receiving as an appointment to its board of directors an individual who is employed as the executive director of a county economic development commission when the state entity does not contract with the county economic development commission but does on occasion finance projects in the county. Cautioned as to 25-4-105(1), (3)(d) and (5). [B, 11, 9, 14]

95-070-E A newly elected legislator's law firm:

1. may not continue to accept any contracts entered into during his term or for one year thereafter with the Dept. of Transportation in eminent domain proceedings which would be in violation of Constitutional Section 109 and Code Section 25-4-105(2).

2. may conclude pending litigation representing the Dept. of Transportation in eminent domain proceedings that were filed prior to the law partner/legislator's election. However, the legislator does have a prohibited interest in existing contracts should state funds be used to compensate the law firm appropriated by the Legislature during the legislator's term or within one year thereafter violating Constitutional Section 109 and Code Section 25-4-105(2). A recusal will not prevent a violation. [B, E, 1]

95-073-E A board member of a state district appointment to an advisory board of a bank that serves as a depository of the district results in an interest in any contracts between the bank and the district entered into during his present term or any future terms and for one year thereafter in violation of Constitutional Section 109 and Code Section 25-4-105(2). Caution and recusal, may be de minimis. [19, 2, B, K]

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]

95-084-E A municipality accepting donations for its police department that come from a bingo game operated by a nonprofit corporation located within the municipality when it is properly licensed by the state does not violate the conflict of interest laws. However, it has the appearance of an impropriety contrary to Code Section 25-4-101. [5, 7, B, I, J]

95-090-E A former staff attorney for a state agency may contract with a company which he was involved on behalf of the state in a permit process against that company if the contract with the company is unrelated to the permit process. [1, B, B]

95-106-E A sole stockholder of a company contracting with a state agency may be employed by a state university even though both involve economic development services within the same geographical area as they are separate authorities under Section 25-4-105(4)(h). The stockholder is cautioned regarding Sections 25-4-101 and 25-4-105(1) and (5). [22, B, G]

95-113-E A board member of a state commission which issues licenses to educational institutions:

1. may purchase an educational institution in temporary licensure sure status and currently undergoing review by the state commission as a license is not a contract.

2. may not obtain pecuniary benefits from information available as a member of the state commission but not readily available to the general public as to do so would violate Section 25-4-105(1) and (5). [B, B]

95-118-E Former employees of a state agency may become consulting firm employees even though the consulting firm employs them to work on contracts with their former state agency employer as long as they do not work on projects they were directly concerned with during their public employment which is prohibited by Section 25- 4-105(3)(e). [B, B]

95-123-E A legislator within one year of the expiration of his term may not accept employment with a water management district which the legislature authorized spending for during the legislator's term as it would violate Constitutional Section 109 and Code Section 25-4-105(2). [19, B, F]

95-148-E A state university may receive a grant from a state agency even though a faculty member of the university reviewed grant applications as long as the faculty member was unaware of the university's application. [22, B, G]

95-151-E A for-profit partnership controlled by a general partner that is a corporation whose chief executive officer is the executive director of a municipal housing authority may receive a loan from a public body corporation to fund a multi-family housing facility in a municipality other than the one employing the corporation's chief executive officer as the executive director of a municipal housing authority. [5, 7,22, 25, B, I]

95-152-E 1. A for-profit partnership controlled by a corporation solely owned by a county supervisor may receive a loan from a public body corporation to fund a multi- family housing facility in a municipality located in the supervisor's county as long as the county is not authorizing the transactions.

2. A county supervisor may individually receive a loan from a public body corporation to fund a multi-family housing facility in a municipality located in the supervisor's county as long as the county is not authorizing the transactions. [9, 14, 22, 25, B, I]

95-153-E 1. A for-profit partnership controlled by a general partner that is a corporation whose chief executive officer is the executive director of a municipal housing authority may not receive a Home Fund grant loan from the municipality that the corporation's chief executive officer is employed by as the executive director of a municipal housing authority if the chief executive officer has a material financial interest in the corporation(s) and/or the for-profit partnership. Such a material financial interest results in a violation of Code Section 25-4-105(3)(a).

2. A for-profit partnership controlled by a general partner that is a corporation whose chief executive officer is the executive director of a municipal housing authority may receive a loan from a public body corporation to fund a multi-family housing facility in the municipality that the corporation's chief executive officer is employed by as the executive director of a municipal housing authority but should be cautious if the for-profit partnership has a loan from the municipality and the chief executive officer has a material financial interest in the corporation(s) and/or the for-profit partnership as this results in a violation of Code Section 25-4-105(3)(a).

Also, cautioned regarding Constitutional Section 109 and Code Section 25-4-105(1), (2) and (5). [5, 7, 22, 25, B, I]

94-006-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.

94-016-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.

94-022-E An Instructor Supervisor or other Instructors of a State Academy (S A):

1. may teach fire service courses outside the SA for personal compensation, i.e., those administered by MEMA.

2. may teach fire service courses outside the SA to private organizations such as industrial fire protection personnel for personal compensation.

3. may own a private company which does consulting work similar to that offered by the SA which may include fire service training for personal compensation.

4. or other SA staff may contract with state community and senior colleges for fire service course deliveries for personal compensation.

All of the above are allowed, provide the instruction does not utilize SA equipment and does not compete with the SA for business.

94-023-E A member of a state commission should not rent one of his houses to a person who is a member of an industry licensed and regulated by the commission of which he is a member, for doing so would create the appearance of impropriety.

94-029-E A member of a municipal agency's Board, which agency is one of several members of a larger political subdivision of the state, may contract with the latter agency to furnish services, but it is NOT advised.

94-033-E Commissioners of a Sewer district, a political subdivision of the state, may become users of the district.

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.

94-037-E A member of a law enforcement division of a department of the state may become employed as a security guard, armed or unarmed, during times when he is not on official duty.

94-044-E If a private association's purchase and provision of a vehicle to an Executive Director for his or his staffs use in performing their official duties is approved by the Attorney General, the Executive Director and his staff may accept the vehicle provided it is used exclusively for official business of the state.

94-066-E A state commission may be composed in part by those who are members of the construction industry or other interested groups who may hope to do business with the state and who as members of the commission will be responsible for the development of a public procurement code to be furnished either to the Legislature or the Department of Finance and Administration as a recommendation.

94-070-E A legislator may not serve in a high level staff position of the Governor within one year of his resignation from his elected position.

94-072-E A legislator/attorney may represent a client in civil litigation against the state and/or an agency or department of the state, provided the legislator/attorney receives no benefit in the event the case(s) is settled out of court.

94-073-ER Board members of a state finance corporation (FC) may not become employed by or retained by a private company which contracts with the state corporation but if "de minimis" may not attract the courts' attention.

94-085-E A state education council may be composed in part by those who are members of an industry or other interested groups who may hope to do business with the state and who as members of the council will be responsible for the development of a master plan for education technology to be furnished to the Department of the state as a recommendation.
94-098-E 1. A board member of a political subdivision of the state may not continue to prepare tax returns for an applicant which is to be considered by the Board.
2. A board member of a political subdivision of the state may not continue to prepare tax returns, financial projections, financial audits, etc., for a company approved for a bond issue or other financing by the Board.

3. A board member and his firm may perform professional services for a bank (auditing) which supplies a Letter of Credit to an applicant to guarantee the debt.

4. A board member may not have any professional relationship of any nature with a company participating in financing by the political subdivision.

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.

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

94-112-E A former executive director of a state agency authorized to approve procurement contracts may be employed by an agent of a company having an approved procurement contract if the former executive director limits him/herself to working on contracts where the procurement cycle was started after his/her retirement.

94-115-E A state employee may campaign as a candidate for county public office and solicit campaign contributions while remaining employed by the state, provided...

94-125-E Members of the executive branch of a municipality may accept compensation for their time, expenses, and travel from industries located within the municipality for speaking on behalf of the industries in other cities, counties, and states.

94-139-E A county supervisor from a county that appropriates funds for office space, equipment, and supplies to the local welfare department, operated by the State Department of Human Services, may be approved as a foster parent by the State Department of Human Services and receive payments as a foster parent from the State Department of Human Services, provided...

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.

94-158-E A legislator may not be approved as a foster parent by the State Department of Human Services or another state agency.

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.

93-012-E A community college may not purchase goods or services from a company owned by one of its faculty members.

93-016-E An Assistant in charge of a division of an official State entity having regulations applicable to the banking industry as well as most other corporations may serve on the board of a bank within the state.

93-018-E A state employee may resign her position and thereafter become employed by a corporation which contracts with private and state entities, provided...

93-022-E A city Councilman may simultaneously be an employee of a state commission.

93-024-E A member of the State Barber Examiners may own barber schools in the state, provided...

93-025-E A series of issues relating to a potential contractual arrangement. Full-time employee of a legislative committee. Spouse is full-time curriculum coordinator in a Public School District.

93-029-E A Commissioner of a Department of the State may negotiate and execute a building lease to house the Department when the lessor is an agent licensed by the Department.

93-030-E A Department of the State may enter into a personal services contract with a former employee of the same department.

93-034-E A person may serve as an elected or appointed public officer of the state within one year of being a state legislator, provided.

93-042-E A state employee may resign her position and thereafter serve as a consultant to actual and potential recipients of bond funds received by public entities upon their respective application to her former employer, provided...

93-046-E A company, one-sixteenth of which is owned by a state legislator, may contract with private distributors or wholesalers which in turn contracts with state entities.

93-049-E An employee of a Department of the State of Mississippi may become a candidate for Alderman of a town and if elected, serve in both positions.

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. .

93-055-E A county Supervisor may serve on a State Committee of the Agricultural Stabilization and Conservation Service (ASCS).

93-065-E A convention center may acquire land by Eminent Domain which is owned by one of its Commission members, provided...

93-070-E A prior public servant or the law firm of which he is a member may represent a group of land owners in a suit against a company allegedly responsible for an oil spill witnessed by the former public servant during the course of his governmental employment but not witnessed in relation to any case or proceeding in which he personally participated.

93-073-E A state public servant of a Bureau of a Department may form a business which is to operate in an adjacent State, whose competitors operate in both States and are to a degree under his official compliance supervision when conducting business in this state. However, the Commission advises that this situation gives a strong appearance of impropriety.

93-078-E A county Supervisor may become employed by a business and sell goods or services to governmental entities outside the county.

93-091-E A Legislator/attorney may not receive compensation from a department of the State in payment of his legal services rendered in the course of an adoption proceeding.
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.
93-099-E An executive director of a state regulatory commission may resign his position and become employed by a parent corporation, a subsidiary of which possesses a license granted before state employment by the executive director and almost simultaneous with the granting of an expansion of gaming activities by the regulatory commission concerning several corporations including the subsidiary of the employing corporation, provided...

93-104-E A member of an official state board may not be compensated by a company which enters into a contract with the board.

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.

93-117-E     A person employed by a private corporation which contracts with an entity if state government may not simultaneously be a member of the Board of Trustees of the same governmental entity.
93-118-E     1. A Commissioner of a state Port Authority may own stock in a corporation which is partly owned by an individual who also owns a security firm (a separate corporation) which contracts with the Port Authority.
2. A Commissioner of the Port Authority may not own 200 shares of casino stock valued at approximately $8,000. (The casino contracts with the Part Authority.)
3. The public purchase and trading of the casino stock during 1993 by one
Commissioner resulting in profits of approximately $28,795.43, current
holdings of 500 shares with an unrealized gain of $8,091, and 600 shares in an RA of a dependent relative with an unrealized gain of $12,070, does
constitute a violation of the Ethics Laws.
4. A vice president and member of the board of directors of a bank depository of the casino may serve as Commissioner of the Part Authority, provided.
93-124-E     An Assistant District Attorney may use a vehicle for official business which was provided him by a state narcotics unit, provided...

93-127-E A Legislator may be a vendor to farmers, supplying them with equipment in ventures partially financed and/or guaranteed by an entity of the State.

93-146-E A county Supervisor may conduct part-time inspections for a Department of the State.

93-152-E A member of a state board may sell insurance to employees of entities which are under the jurisdiction of that board, provided...

93-153-E An employee of a department of the state may contract with another governmental entity or a private business.

93-156-E An employee of a state commission may accept less than $100 honorarium for delivering a speech prepared on her own time, by her private facility, and delivered on her own time with permission of her Director.

93-157-E A Department of the State may not grant bids to a not-for-profit corporation employing a person whose employment by the department terminates August 31, 1993.
93-161-E 1. A nurse employed as a State Division Director of a program may not become employed during off hours by a private nursing agency, which has a provided agreement with the division, and which also operates in part under plans of care which are approved by the same nurse.
2. A nurse employed by a division of the state as described above may not become employed by a private medical doctor who is not under a provider agreement, a plan of care, but who does receive Medicaid reimbursement.

93-169-E A member and executive Secretary of a state board may perform claim review functions for a private entity concerning professional services under the general jurisdiction of the state board, provided...

93-174-E An individual elected to public office would not violate the Ethics Laws simply because his former firm is under contract with various state and local entities.

93-178-E The respective boards of two state or local government political subdivisions may select as a bank depository one of two banks; one of which has an attorney as a member of its Advisory Board who represents the political subdivisions, and the other of which has as a member if its Advisory Board a law partner of the same attorney, provided...

93-182-E A governmental entity may approve or modify a lease of a facility from a private corporation when .12% of the capital stock valued at $3,000 is owned by one member of the board of the government body who also receives from the bank approximately $500 per year in interest from a certificate of deposit. However, the situation would result in a "de minimis" interest on the part of the board member.

93-183-E A company owned by a member of a state Commission may become a contractor, subcontractor, or vendor to a private corporation licensed by the Commission,

93-184-E A member of a state Commission may send to respective legislators a book for their review and comment, after which the Commission member agrees to donate $500 to a 501(3)(c) charity of their choice, provided. .

93-190-E A Legislator and/or a prospective corporate employer may not contract with the state.

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.

93-204-E A city employee having computer related responsibilities may form a private consulting firm which would contract with other governmental entities, provided..

93-205-E A prior division director of a department of the state may ap ply for grant from the same department within one year of the time the director was employed by the department.

93-206-E Two children of a manager hired by the state to help manage two federal grants may not become employed one of the two grants.

93-215-E An employee of a state department may become an officer of a private non-profit corporation which receives permits from the department, and which employee may also provide official comments to the department as to the impact of pending permit requests of the non-profit corporation, provided...

93-217-E The new spouse of a director of a program of a state commission may not remain employed by the program after their marriage.

92-002-E A member of a state board may be employed by a private corporation which sells its wares to a separate governmental entity.

92-018-E A commissioner of a convention center may not sell property to the center. Violations: Section 109; 25-4-105(2).

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.

92-062-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.

92-068-E A former Legislator may serve as chairman of a large commission (a public office) of the state within one year of the expiration of his term.

92-073-E A commissioner of a state commission may be a member of a state and county political party executive committee, a party delegate to a national convention, and participate in precinct caucuses, a county convention, and a national convention.

92-086-E 1. A Legislator may not own more than 10% of a corporation which does subcontracting work on road construction projects funded, in part, by the state highway department. Violation: Section 109.

2. A Legislator interest of more than 10% of a corporation which does subcontracting work on sanitary water and sewer projects for counties, districts, cities, and towns needs to be evaluated on a case by case basis. Generally, no prohibited contract exists.

4. The "material financial interest" clause does not apply to Section 109.

92-093-E 1. A member of the state board of health/medical center employee may be prohibited, in some instances, from voting on issues related to certificate of need (CON) criteria and standards.

2. Not applicable.

3. The board member may vote on CON criteria which does not benefit her employer.

If the interest being voted upon is a violation of Section 109, the board member must resign one or the other position.

92-094-E An officer of a state department may have a loan with an entity which his department regulates but which loan originated before his term of office.

92-116-E A board member of a private non-profit corporate subgrantee of the state may either resign or his term expire, but thereafter may not become employed by the subgrantee. Violation: 25-4-105(2).

92-134-E The governing board of a city may not authorize payment of fees of legal counsel under circumstances deemed by the office of the AG to be an "after the fact" reimbursement for which there was no authority. Violation: 25-4-105(1) (Supra).

92-157-E A state public servant, who qualified and counseled local governments as to their receipt of state funded projects, may resign his position and thereafter work with local governments and private industry to access funding, provided the projects he works on do not involve those subject of his employment by the state.
92-169-E A member of a board of aldermen may be employed by the State Department of Health at a local WIC distribution center.

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).

92-182-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.

92-183-E A Legislator/attorney may represent private clients before state agencies. Caution:

92-187-E A department of the state may make a grant to a newly formed non-profit corporation the executive director of which was formerly an advisor to the governor.

92-192-E 1. An executive of a private corporation may serve as a member of a state commission which has actual and superintending powers over a state department and a state board which regulate his corporate employer. Cautions: 25-4-105(1).

2. The commission member may not represent his corporation as to issues before the commission, the department, or the board. violations: 25-4-101; 25-4-105(1); 25-4-105(3)(d).

3. The corporate employer may participate in state economic incentive programs administered by other state entities.

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); 25-4-105(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).

92-199-E An associate commissioner of a state commission may lease and sell property to other state agencies as a private real estate broker. Caution: 25-4-105(1).

92-201-E A member of a state board may become an employee of a separate department of the state.

92-217-E An employee of a major department of the state may not become a part-time employee of a consultant who is a contractor, subcontractor, or vendor with that department. Violation: 25-4-105(3 )(a).

92-220-E A Legislator whose effective date of resignation is on or before December 31, 1992, may become a public officer of the state effective on or after January 1, 1993.

92-223-E An attorney/Legislator-elect (service begins January 1993) may not share in fees paid a member of his law firm who is co-bond council for an entity of the state beginning fiscal year 1993.

92-227-E A member of a state board may contract with a governmental authority other than the one of which he is a member through a private company in which he has a material financial interest. Caution: 25-4-101

92-237-E An executive employee of a state regulatory commission may resign his state employment and become employed either by a corporation or one of its subsidiaries, one of which possesses a license issued by the commission, or another corporation which has no contact with the employees of the commission but which expects to be considered for a future license. Cautions: 25-4-105(1); 25-4-105(5).

91-007-E A Legislator/attorney may represent a state municipal association. Caution: 25-4-101; 25-4-105(1) and (3)(d).

91-009-E An elected justice court judge may simultaneously become a part-time employee of a department of the state. Caution: 25-4-105(1).

91-015-E A supervisor may contract in a private capacity with a department of the state for office space for the administrative division of that department.

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).

91-027-E A Legislator may own an interest in a private business which conducts continuing education seminars or correspondence courses for private individuals subject of regulation by the state. Caution: 25-4-105(1).

91-029-E A Legislator/attorney may represent private clients in eminent domain matters brought about by the Mississippi State Department of Economic Development. Caution: 25-4-105(1).

91-033-E A Legislator may not sell land to the state highway department. Violations: Section 109; 25-4-105(2).

91-042-E An employee of the state Department of Agriculture may simultaneously fill an unexpired term of a constable and thereafter, simultaneous with his continued state employment, pursue a candidacy for the constable position.

91-047-E An attorney may be appointed to a state commission before which he practiced and before which his son currently practices. Caution: 25-4-105(1).

91-051-E A law firm of a Legislator may not represent an insurance company's interest in defense of a civil action brought by an accident victim against a department of the State of Mississippi. Violations: Section 109; 25-4-105(2).

91-065-E A retailer who is the secondary employer of a public servant should not refer bad check cases to the governmental entity employing the public servant. Possible violations: 25-4-101; 25-4-105(1).

91-068-E A business in which a public servant has a material financial interest may not contract with the governmental entity of the public servant. Violation: 25-4-105(3)(a).

91-069-E A company owned by an employee of the state may contract with various departments of the state other than the department of which he is a member Caution: 25-4-105(1).

91-074-E Public servants of the State of Mississippi should not purchase publicly traded shares of stock of companies regulated by the department of which they are a member. Possible violation: 25-4-101. More specific info needed.

91-075-E A board of commissioner of a transportation authority may not compensate its president for serving temporarily as executive director of the authority. Violations: Section 109; 25-4-105(2); 25-4-101.

91-084-E An investigator for a State Board of Pharmacy may become simultaneously employed as a pharmacist. Caution: 25-4-105(1); 25-4-105(3)(d); 25-4-105(5).

91-089-E A commissioner of a department of the state may simultaneously be an independent contractor with a separate governmental authority. Caution: 25-4-105(1).

91-091-E An employee of an enforcement division of a large department of the state may write bail bonds returnable to a city or county. Cautions; 25-4-105(1); 25-4-105(5).

91-110-E A board of election commissioners may not employ one of its members. Violation: Section 109.

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).

91-121-E An attorney who, within a few weeks following his public employment, is asked to represent a client having a matter pending before his former public employer, said matter being one which the attorney had no direct concern or personal participation, may do so without violating the ethics laws.

91-122-E An attorney who, within a few weeks following his public employment, is asked to represent a client in the acquisition of real property subject of pending concern of his prior public employer but whose only personal involvement occurred two years previous and was neither substantial nor continuing, would violate 25-4-105(3)(e) if he chooses to represent the client.

91-125-E An attorney may not represent multi-governmental agencies within one geographic area and also a bank which does business with the county of which same attorney represents the board of supervisors. Possible violations: Section 109; 25-4-105(1), (3)(d) and (5).

91-127-E A state agency may not employ a legislator when his term expires. Section 109; 25-4-105(2).

91-131-E 1. A Legislator may not own mare than 10% of a corporation which does subcontracting work on road construction projects funded, in part, by the Mississippi Highway Department. Violation: Section 109.

2. Dependent upon Smith.

3. Non-voting does not remove violations of Section 109.
4. Not enough facts.
91-132-E A law firm of a member of a state board may not represent a state agency, said representation and contract requiring approval by the state board. Violations: Section 109; 25-4-105(2).

91-140-E A Legislator may not hold simultaneous employment with a state commission. Violations: Section 109; 25-4-105(2).

90-011-E A state employee may simultaneously serve as a member of a board, chairperson, or otherwise on an executive board of another corporate instrumentality of the state.

90-022-E The board of the Institutions of Higher Learning is prohibited from using as a bank depository pursuant to Section 37-101-15 or 37-101-103 during the term and from one year following the term of a board member who is employed by the bank. Violations: Section 109; 25-4-105(2).

90-035-E A corporation may contract with the State of Mississippi to possess 495 of the stock of a second corporation owned by a Legislator, and become hired by the Legislator's corporation to perform bookkeeping, training duties, etc.

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).

90-049-E 1. A Legislator may sell insurance to state employees and in return receive a commission, salary, draw, or advance from the insurance company.

2. The above mentioned insurance company may not separately sell, independent of the Legislator, liability or workers' compensation insurance to a state agency. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a).

90-053-E An employee of a large department of the state may continue in that position following his/her marriage to a Legislator.

90-091-E 1. A member of a state commission, or a consultant or agent acting on behalf of the member, may not contract with the commission of which he is a member. Violations: 25-4-105(3)(a); 25-4-105(2); Section 109.

2. A member of a state commission may not participate in deliberations or voting as concerns any ongoing operations which may impact upon the private interests of the commissioner(s). Violations: 25-4-105(1).

90-099-E A state regional commission may not contract with a bank depository, the president of which is simultaneously a member of the state commission. Violations: Section 109; 25-4-105(2); 25-4-105(1).

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.

90-111-E There is no violation of the Ethics Laws when a grant proposal by a university is submitted to a Division of a State Department, the director of which Division subsequently becomes the director of a component of the university which includes the center which receives the grant.

90-117-E A state public servant may not serve as an administrator of a grant received by a county from the state department of which the public servant is a member. Violation: 25-4-105(3)(a).

90-118-E A Legislator may not contract with a state commission to perform various duties related to fund raising and receive as payment a percentage of the funds raised as well as reimbursement for expenses incurred. Violations: Section 109; 25-4-105(2).

90-124-E A university employee may contract with a private corporation as a consultant relative to a formal application to be submitted by the private corporation to a separate governmental entity and which is under separate contract with the university. Caution: 25-4-105(1).

90-126-E A public servant of a department of the state may contract with that department for services reasonably available from two or fewer commercial sources and which contract otherwise complies with the public purchase laws. Caution: 25-4-105(1).

90-136-E 1. An engineering firm may not provide services to any state agencies or entities when one of the firm's owners is a Legislator. Violations: Section 109; 25-4-105(2).2. An engineering firm may not provide services to entities receiving state or federal grants when one of the firm's owners is a Legislator, during the term of the Legislator and from one year thereafter. Violations: Section 109; 25-4-105(2).

90-137-E A university professor may contract with the state.

90-141-E A state agency or department may solicit or receive private funds to be used by a component part of that department.

89-03-E A legislator may become a consultant to a company which has a separate division which on occasion contracts with a department of the state so long as the consulting contract is in no way contingent on any present or future contracts with the state.

89-12-E A legislator's efforts to obtain financial and other assistance from state agencies relating to construction and development of a mall when the legislator stands to receive a pecuniary benefit because of a prior real estate investment violates 25-4-105(1). The obtaining of financial assistance from a state agency when the legislature during the legislator's term approved the appropriation allowing the financial assistance violates Section 109 and 25-4-105(2).

89-39-E An employee of a state academy may become president of a professional association thereby becoming a statutory member of the state academy advisory board.

89-44-E A state commission may not have its vehicles repaired at a dealership owned by one of its commissioners because it results in a violation of Section 109 and 25-4-105(2) and (3)(a).

89-48-E An executive director of a state entity may simultaneously own a business which sells public information produced by the state. Cautioned regarding 25-4-105(1).

89-49-E A state bond attorney, who is also a member of a County Development Commission (CDC), may carry out his official (bond) duties when the county in which the CDC is located issues bonds on behalf of the Commission, if the county does not have any rule or regulation requiring the CDC to approve bond issues. Caution: 25-4-105(1). Otherwise, Violations: Section 109; 25-4-105(2). Recusal will eliminate violation of 25-4-105(1), but not Section 109 or 25-4-105(2).

89-52-E A legislator may rent housing to an employee(s) or subcontractor(s) of a company awarded a highway construction contract authorized by the legislature. Cautioned regarding 25-4-105(1).

89-57-E 1. The director of the division of medicaid may not work part-time for a state agency with whom the division contracts for services as it would violate 25-4-105(1).

2. The director of the division of medicaid may not work part-time with a private entity that accepts medicaid as it would violated 25-4-105(1) and (3)(a).

89-60-E A member of the Board of Commissioners of a state Post Authority may vend to a customer of the Authority, when an enabling license issued by the board of commissioners is a prerequisite. Reference: Aseme. Cautions: 25-4-105(1); 25-4-105(5).

89-67-E 1. A member of a state commission may not participate through his corporation in sponsorship of improvements on state property in return for exclusive signage (publicity). Violations: Section 109; 25-4-105(2); possibly 25-4-105(1) and (3)(a).

89-76-E An agent/employee of a state entity may not own stock in a private corporation the existence and success of which is largely dependent upon funds appropriated by a the legislature and continued and substantial direction from the state entity via its agent/employee. Concerns violations of 25-4-105(1), (3)(d) and (3)(e).

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).

89-103-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).

89-120-E A legislator being a board member of a corporation which receives funds from state entities prior to the legislator taking office is not as such a violation of the conflict of interests laws. Simultaneous service as a legislator and a board member of a corporation receiving funding from the state violates Section 109.

89-129-E 1. A state public officer may contract with the U.S. Department of Agriculture Stabilization and Conservation Service (ASCS) in a forest incentive program implemented in part by the Mississippi Forestry Commission (MFC), the members of which are appointed in part or in whole by the public servant.

2. A state public officer may not purchase and sell bonds, when his statutory responsibilities either individually or as a member of the board, require an authorization process or act the absence of which preclude the issuance of the bonds subject of purchase or sale. Violations: Section 109; 25-4-105(2); 25-4-105(1).

89-141-E An expended board of a newly renamed and modified statutory governmental entity may not offer an executive position to a former board member less than one year after resignation as to do so violates Section 109 and 25-4-105(2).

89-148-E A member of a state port authority may contract with a union to provide investment services when the union supplies labor to stevedores who are licensed by the port authority. A license is not a contract. Cautioned regarding 25-4-101 and 25-4-105(1).

89-149-E A state department in order to implement an inspection program necessary for federal funding may contract with a private entity which employs one or more former employees of the same state department.

89-161-E A prior supervisory employee of the state department of finance and administration now a supervisory employee of a city may contract for personal services to be rendered to the state division of medicaid.

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.

89-169-E A government executive required by statute to approve all real estate leases with state entities is not prohibited from such approval regarding property previously and partially owned by him but since conveyed to a brother.

89-170-E A county judge may lease his law office to the state department of human services. Cautioned regarding 25-4-105(1).

89-178-E A grant from a state agency to a foundation when the state agency has an employee, who is also a licensed real estate agency, whose spouse is director of the foundation can result in a violation of 25-4- 105(3)(a) if the exceptions in 25-4-105(4)(d) do not apply. Also, the state agency employee's use of his position to help the foundation obtain the grant violates 25-4-105(1).

89-183-E A full-time employee of the state library commission simultaneously becoming an employee of a junior college under the circumstances results in a violation of 25-4-105(1). Cautioned regarding 25-4-101.

88-21-E A Legislator may accept executive appointment to a public office (after resigning from the legislature).

88-28-E A board member for a county school board may simultaneously be employed by the state audit department as head of property control and ADA Compliance.

88-45-E An investigator for the state department of audit may simultaneously serve as a city council person.

88-52-E A county supervisor may be employed by the State Board of Health and stationed in another county.

88-60-E An employee of the State Department of Education (bus driver instructor) and simultaneously a district school board member may train bus drivers in his district when so required by his official Department of Education duties and paid by the state department.

88-63-E 1. A school district employee may not enter into a contract with the school board of which he is employed for the purpose of providing group insurance coverage to employees of the district. Violation: 25-4-105(2)(a).

2. The school district employee/insurance agent may contract individually with other school district personnel, as long as not contractual relationship exists between the school district employee/insurance agent and the school district.

88-84-E 1. Employees of the Mississippi Forestry Commission (MFC) may not participate in MFC programs. Violation: 25-4-105(2)(a).

2. MFC members may not participate in MFC programs. Violation: 25-4-105(2)(a); 25-4-105(2)(f).

3. Members of the Legislature may not participate in MFC programs. Violations: Section 109; 25-4-105(20(f).

4. The participation of state executive officers in MFC programs will be determined on a case by case basis, depending upon the duties of the executive officers.

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).

88-122-E Staff members of the Mississippi Department of Archives and History (MDAH) may conduct cultural resources surveys on their own time and with their own equipment for the MDAH. However, a sense of impropriety is evident. Caution: 25-4-105(1), (2)(d), and (4).

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); 25-4-1 05(2)(d); 25-4-105(2)(e).

88-126-E A county administrator may serve on the board of a community action program. Caution: 25-4-101.

88-149-E An employee of a public board may not simultaneously be a contractor with the board which employs him. The employee also may not attempt to influence the board for his personal gain. Violations: 25-4-105(2)(a); 25-4-105(2)(d); 25-4-105(2)(e); 25-4-105(4).

88-168-E A Legislator may not participate in a program funded by federal monies awarded through the Governor's Office of Federal and State Programs. Violation: Section 109. Reference: 88-03-E.

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.

87-07-E 1. A city attorney may simultaneously serve as a member of the Legislature.

2. An attorney for a public school system may simultaneously serve as a member of the Legislature.

3. An elected official for a City may work as a sub-teacher for the city's school district, provided. . . Reference 87-16-E.

4. An elected official for a City may be employed by a Department of the State as director of a Title Xx Daycare Center.

87-08-E 1. Section 109 does not apply to the officers and directors of the state Institute for Technology Development (lTD).

2. Section 25-4-101, et. seq., does not apply to ITD or its members.

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.

87-24-E A member of the Legislature may have an interest with his partner in a contract authorized by the legislature as a result of the passage of the Mississippi Forestry Commission's (MFC) appropriation bill, because the contract was in effect during the time before the Section 25-4-105(3)(h) was ruled unconstitutional by the State Supreme Court. However, after January 1, 1998, the contract will be prohibited.

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).
87-29-E 1. Legislators may take part in a state loan program, specifically the veteran's Home Purchase Board, due to the exemption in Section 25-4-105(3)(g), provided.

2. However, the situation seems to violate Section 109. (The State Supreme Court had not made a ruling at this point.)

87-34-E A Legislator may sell insurance to state employees through the process of payroll deductions requested by the state employees. The Legislator is cautioned regarding 25-4-105(1) and (4).

87-42-E The daughter of one of the board members of the State Board for Community and Junior Colleges may take part in federally funded or locally funded work-study programs without the board member being in per se violation of 25-4-117. Board member is cautioned regarding 25-4-105(1) and (4).

87-45-E CDPA employees may receive compensation from a state university for instructor services associated with classes offered by the CDPA Institute.

87-48-E An employee of the Yazoo City Public Service Commission (YCPSC) may simultaneously serve as a Commissioner of the YCPSC, provided the YCPSC has no authority to select its own depository. If this is not the case, a violation of Section 109 and Section 25-4-105(2)(f) would occur.

87-61-E After January 1, 1988, a member of the Legislature may not be compensate for legal work performed on a State Aid project. Violations: Section 109; 25-4-105(2)(f).

87-65-E A Commissioner of a department of the state who, prior to his appointment as Commissioner, developed, copyrighted, and sold for profit form created by the Commissioner, may allow the department of the State to use the copyrighted form at no cost to the department.

87-71-E Answered by 87-48-E, as follows: An employee of the Yazoo City Public Service Commission (YCPSC) may simultaneously serve as a Commissioner of the YCPSC, provided the YCPSC has no authority to select its own depository. if this is not the case, a violation of Section 109 and Section 25-4-105(2)(f) would occur.

87-79-E A Legislator may not be employed by the Cooperative Extension Service of a state university. Violations: Section 109; 25-4- 150(2)(f).

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).

87-110-E A Legislator may not sell property to an authority which is partially funded by the Legislature. Violations: Section 109; 25-4- 105(2)(f).