MISSISSIPPI ETHICS COMMISSION
ADVISORY OPINIONS
FINANCIAL BONDS
95-078-E     A trustee of a county economic development district may not be awarded a bid on a construction project financed by bond proceeds from the sale of general obligation bonds issued by the county board of supervisors at the request of the county economic development district as such a contract violates 109 and 25-4-105(2). [4, 9, K]
95-105-E     The exception found in Section 25-4-105(4)(a) allows an officer of a bank serving as a municipality's depository to serve on the municipality's planning commission. The exception found in Section 25-4-105(4)(a) does not include a bank serving as a municipality's investment broker, paying agent, bond registrar, trustee and financial advisor. [2, 4, 5, 7, H]
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' interest.

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.
94-073-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' interest.

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.
93-158-E     A Legislator and/or his prospective employer may not participate in state bond programs.
91-071-E     A Legislator may participate as bond counsel for a county relating to an issue of the county which is 67% of a grant application, the remaining funds being furnished shed by a community development block grant.
91-083-E     A bank may not bid no bonds issued for a county's economic development district (EDD) when a bank officer is simultaneously a trustee for the EDD. Violations: Section 109; 25-4-105(2).
90-047-E     A Legislator who serves as local council to a board of supervisors issuing industrial development revenue bonds may also serve as the bond council for those bonds when such is allowed in his contract of employment.
89-28-E     A Legislator's purchase of a few shares of stock in a company funded in part by a bond issue authorized by the Legislature may be de minimis, but a violation of Section 109 still exists. Caution: 25-4-105(1).
89-33-E     1. An independent insurance agent/supervisor may purchase a required bond through another independent insurance agent who brokers the purchase/bond through an insurance agency mutual to both.
2. The same county may accept future business from the broker agency as concerns bonds for other county officials or employees.
Cautions: 25-4-101; 25-4-105(1).
89-59-E     A city attorney/Legislator may participate in and negotiate an attorney's fee relative to the refunding of a bond issue by the city as authorized by enacted legislation.
89-81-E     1. A part-time consulting county engineer is cautioned against approving roads constructed by a developer by specifications and under the supervision of the county engineer's emancipated son, an engineer in a separate private practice. Violations: 25-4-101; 25-4-105(1).

2. A part-time consulting county engineer is cautioned against setting bonds for a developer on newly developed subdivisions, the roads of which are engineered by and constructed (supervised) by the county engineer's son. Violations: 25-4-101; 25-4-105(1).

89-129-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).
87-23-E     A member of the Legislature may make a private sale of a business to an individual who, in turn, wants to use his right as a qualified borrower to utilize a state loan program, provided the buyer's participation in the state loan program is not a condition of the sale. Otherwise, a violation of 25-4-105(1) would occur.
87-62-E     A member of the Legislature may receive compensation resulting from normal representation of a local school board. After January 1, 1988, however, the Legislator/attorney, may not be compensated for duties performed relating to bond issues authorized by the Legislature. Violation: Section 109.