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]
95-092-E An elected county superintendent of education may accept employment with the school district after the expiration of the superintendent's term without being in violation of Constitutional Section 109 and Code Section 25-4-105(2). [20, C]
94-082-E The local school district duties of the spouse of the State Superintendent of Education may be expanded to include that of District Test Coordinator.
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.94-137-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 $5,000.94-153-E A local college district board member who is also an industrialist may not be provided training services for the employees of his business by the local colleges' state board or another local college district.
93-020-E A member of a County Board of Education may become an Alderman or Mayor of a city within the county.
92-154-E The spouse of the state superintendent of education may become employed by a local school district as its Chapter 1 teacher liaison.
91-001-E An employee of one school district may become a member of the board of trustees of another adjoining school district. Caution: 25-4-105(1).
91-012-E A school board member may contract with his prior board after twelve months from the time his resignation was effective.
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).
91-028-E The spouse of a school district's liaison board member may be employed by the school board.
91-037-E A county attendance center principal may become a candidate foe the state Legislature, but if elected, his taking a leave of absence from his school duties during the legislative session will not remove violations of Section 109 or 25-4-105(2).
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).
90-028-E A school board member may not simultaneously be a major stockholder in a bank depository of the same school district. Violations: Section 109; 25-4-105(2).
90-030-E The emancipated daughter of a member of a school district board of trustees may be employed by the same school district.
90-059-E An alderman may become a school teacher in the city' separate school district.
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.
90-098-E A school board may employ the brother of a principal and long-time employee of one of the schools.
90-115-E A Legislator may continue to serve as a public school teacher/administrator until his/her current contract expires. After that time, and when the Legislature authorizes the salary received as a teacher/administrator, the Legislator may not continue to serve as a teacher/administrator, as such action would violate Section 109 and 25-4-105(2).
90-129-E A resident of a house also occupied by a county school district secretary may become a become a member of the county school district's board of trustees.
89-23-E An attorney/partner of a law firm representing local school districts as to public bond financing transactions may serve as a member of the State Board of Education without violating the conflict of interest laws. However, representation on issues of state school bonds which are approved by the State Board would cause the attorney to violate Section 109 and 25-4-105(2). Cautioned regarding 25-4-105(1).
89-72-E A member of the state board of education may bid to contract services to a public school district. Cautioned regarding 25-4-101 and 25-4-105(1).
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.
88-39-E 1. The emancipated daughter of a school board member may be employed by the school district as a teacher. Caution 25-4-105(1).
2. A superintendent of education may not recommend his/her spouse for employment within the same school district. Reference: 87-33-E.
3. Liability for violation of the ethics provisions are to be determined by a court of competent jurisdiction.
88-50-E A city engineer may simultaneously serve on the city's school board, as the school board has no control or funding authority over the city for which the engineer works.
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; 254-105(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.)
88-59-E 1. When the emancipated daughter of a school board member is employed by the same school board as a teacher, the father/board member may participate in actions which affect all teachers.
2. The father/hoard member may not participate in any matters which may affect the daughter/teacher to a greater extent than other teachers. Violation: 25-4-105(1).
88-60-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.
88-64-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; 25-4-1 05(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.
88-65-E An employee of South Central Bell may serve as a member of a local school board, provided the school board has no discretion as to local line usage contracts.
88-66-E 1. A school board may employ the sister and two sisters-in-law of one of its board members, provided there are no financial ties between the school board member and his/her sister and sisters-in-law.
2. A school principal may recommend his brother or sister for employment within the same school, provided the are no financial ties between the principal and his/her brother or sister.
3. The spouse of a school superintendent may not be employed as a result of the superintendent's recommendation. Violations: Section 109; 25-4-105(1); 25-4-105(2)(f). References: 87-33-E; 88-39-E.
88-68-E A school board may not contract with a business (co-op) of which one of the school board members is a director. Violations: Section 109; 25-4-105(2)(f).
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)
88-78-E An economic development district may contract with a local newspaper for the statutory required advertisement of legal notices, when a member of the board of the economic development district is the owner of the paper. Special case: the newspaper is the only local newspaper serving the area. the board has no choice in the matter. Caution: 25-4-105(1).
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.
88-93-E A person may serve on the board of trustees of a school district which employs the brother of the board member. Caution: recusal.
88-109-E A school attendance officer may simultaneously be employed by a county school board as a school bus driver.
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.
88-144-E A selectman may simultaneously be employed by a county vocational complex. Caution: 25-4-105(1).
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.
88-152-E The wife of a former school board member may not be employed by the school board until one year has expired since the expiration of the board member's term. Violation: Section 109.
88-155-E An member of a consolidated school board may simultaneously be employed by the county-wide school district, based upon the following:
1. the fact that the consolidated district board has no authority of any kind in the county district board's hiring of employees; and
2. the student transportation duties lies within the county district, not with any of the consolidated districts.
88-156-E The employer of a school district trustee may not sell goods or services to the school district. Violations: Section 109; 25-4-105(2)(a) and (2)(f).
88-158-E The wife of a former school board member may not be employed by the school board until one year has expired since the expiration of the board member's term. Violation: Section 109. Reference: 88-152-E.
88-159-E The employer of a school district trustee may not sell goods or services to the school district. Violations: Section 109; 25-4-105(2)(a) and (2)(f). Reference: 88- 156-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.
88-175-E The spouse of a trustee of the East Tallahatchie School District may be employed by the West Tallahatchie School District.
88-177-E A county supervisor may simultaneously be employed as a teacher by a school district located within the county.
88-178-E The sister of a school board trustee may be employed by the same school district.
88-179-E The spouse of a member of the County Board of Education may be employed by a consolidated school district in the same county.
88-184-E The emancipated daughter or daughter-in-law of a school board member may be employed by the school district, provided the board member recuses him/herself from any and all matters affecting the relative's contract of employment.
87-06-E An elected superintendent of education may have a step-daughter employed within the same school district.
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.
87-10-E A school board member may teach a course for a junior college using space and equipment owned by the school board member's school district.
87-12-E An employee of a Separate School District may serve as a member of the Board of Aldermen for tile same city, provided..
87-15-E 1. An elected Supervisor would violate Section 109 if he received funds from the sale of fresh produce to the county school district if the funds originate from discretionary tax levies. Funds originating from mandatory tax levies would not cause a 109 violation.
2. The Supervisor may receive funds from the sale of fresh produce to a Separate school district located within the county, since the city council provides and autilorizes all funding.
87-16-E An employee of a Separate School District may serve as a member of the Board of Aldermen for the same city, provided...
87-20-E 1. Members of a board may have no interest in any contract with that board within one year of the expiration of the members' term, not from the date of resignation. Violations: Section 109; 25-4-1 05(2)(f).
2. A school board may be held liable for contracts issued in violation of Section 109.
3. The entering into a lease with the school board by the immediate family of a resigned board member who continues to utilize the property appears to be an attempt to circumvent Sections 109 and 25-4-105(2)(f).87-33-E 1. The spouse of a Superintendent of Education 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 autilorization process.
87-40-E An employee of a bank contracting with a hospital system may not simultaneously serve on the hospital system's board of trustees. Violations: Section 109; Section 25-4-105(2)(f).
87-52-E The spouse of a school board member may no be employed by that school board. Violations: Section 109; 25-4-105(2)(f).
87-57-ER A former alderman may not contract within 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).
87-57-E 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).
87-58-E 1. Employees of a local school district may be elected and serve as members of the city's council. Reference: 87-16-E.
2. The employees of the school district/councilpersons, must recuse themselves from participation, official or unofficial, in discussions of school budgets and school board appointments. Reference: 87-16-E.
3. The vote of a school district employee, while also serving as councilperson, may not be counted and is null and void. [Friedhoff v. City of Biloxi(1957), Jackson Redevelopment Authority v. King. Inc.(1978)].
87-103-E A principal may not recommend his/her spouse for employment or reemployment as a teacher. Violation: 25-4-105(1).