95-021-E     1. The appointment and services of certain employees of a community hospital, including administrative employees such as the chief financial officer and assistant executive director, but not including the executive director of the community hospital, as members of the board of directors or officers of a non-profit corporation serving as a preferred provider network of hospitals and physicians would violate the Mississippi Ethics in Government laws; and

2. The community hospital's board of trustees contracting with the non-profit corporation serving as a preferred provider network to become a participating hospital in the preferred provider network, and under the terms of such hospital participation agreement, the community hospital may not provide health care services to employees or beneficiaries of an employer which employs a member of the community hospital's board of trustees. [23, 24, I]

95-047-E     A non-profit corporation's board member may sell insurance to the non-profit corporation which was established to purchase buildings from and then lease them to another non-profit corporation which was established to be the contract provider of mental health services to a regional mental health district. [19, I]

95-048-E     A board member of a non-profit corporation that conducts a local festival may be appointed to the municipality's convention and visitors bureau board of directors when prior to the appointment the convention and visitors bureau had given impact grants to the non-profit corporation to promote and advertise the festival. [5, I]

95-050-E     A mayor my serve as an uncompensated member of a volunteer fire department. [5, 8, I]

95-081-E     Members of the county board of supervisors and municipal governing boards may compose the board of a non-profit corporation acting as an economic development foundation when their public entities are funding the foundation if they are not compensated as foundation board members nor have personal pecuniary interests in contracts with the foundation. [6, 14, I, 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]

95-084-E     A municipality accepting donations for its police department that come from a bingo game operated by a non-profit 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]

95-089-E     A municipality's leasing of real property to:

1. a non-profit 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 non-profit corporation that an alderman's spouse is an uncompensated board member does not violate the conflict of interest laws if the non-profit 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 non-profit corporation or organization which the alderman's spouse is associated is contingent upon the lease being entered into by the municipality. [6, A, I]

95-098-E     A municipality funding a non-profit trust for historical and cultural preservation purposes when an alderman serves on the trust's board is not as such a violation of the conflict of interest laws as there are only competing public interests. There would be a violation of the conflict of interest laws if the trust compensated the alderman or the alderman received personal pecuniary benefits from contracts with the trust. [6, 22, H, I]

95-125-E     A municipal council member's serving as a board member of a non-profit rehabilitation center that in funded by the council member's municipality is prohibited by Constitutional Section 109 and Code Section 25-4-105(2). [6, I]

95-128-E     A legislator within one year of the expiration of his term may not accept employment with a non-profit foundation if the foundation receives appropriations or assessments for state educational institutions or if the foundation contracts with state educational institutions as both would result in a violation of Constitutional Section 109 and Code Section 25-4-105(2). The simple payment of legitimate dues does not constitute a contract. [18, F, I]

95-130-E     A board member of a planning and development district [PDD] may not continue to serve on the PDD's board when he also serves on the board of a rural electric power association that is to enter into a loan agreement with the PDD. The board member has a fiduciary responsibility to both entities and therefore has a fiduciary interest in the loan contract in violation of Constitutional Section 109 and Code Section 25-4-105(2). [19, I]

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]

94-026-E     Two members of a local Tourism Commission may not be simultaneously associated with two not-for-profit entities which receive grants from the Tourism Commission.

94-039-E     1. A County Economic Development Authority(EDA) may furnish technical assistance to a not-for-profit private foundation (Foundation) which employs one of the county supervisors.

2. The county and/or the EDA should not proceed with an application for Federal Enterprise Community Status on behalf of a consortium which includes the Foundation which employs the county supervisor.

3. A county supervisor may be employed by a Foundation which receives technical assistance from an EDA funded by the county.

93-008-E     Two county governmental entities following enabling legislation, along with a county area Chamber of Commerce, may create, fund, and support a not-for-profit Development Foundation, the Board of Directors of which are in part composed of members of the two county entities.

93-047-E     1. A mayor under a mayor-council form of government may resign his elected position to serve as chief executive officer of a city/county partnership.

2. The mayor may remain in his elected position and simultaneously serve as chief executive office of the partnership until the elections for the new
mayor take place, provided...

3. The three members of the 33-member board of directors of the partnership that were appointed by the governing authorities of the City may vote on the issue of the mayor's taking the position of Chief Executive Officer of the Partnership, provided...

93-076-E     A legislator may not become employed as a consultant to a home health agency.

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.

93-208-E     A volunteer fire department (VFD) may not purchase gasoline from a service station owned by the son of a Supervisor of the county from which the Supervisor receives monthly income.

93-215-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...

92-221-E     A county supervisor may serve without compensation as a member of a private non-profit corporation (community action agency).

92-224-E     An uncompensated officer of a Boys and Girls club in a city may simultaneously be employed by the same city as coordinator of a community development block grant program of the city which program materially contributes to the Boys and Girls Club.

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).

92-234-ER     1. Certain employees of a hospital system, including the chief financial officer and the administrators of the system hospitals but not the executive director of the system, may be appointed to and serve as members of the board of directors or officers of a non-profit corporation.

2. The system board of trustees contracting with the corporation for the system hospitals to become participating hospitals in the preferred provider network and under the terms of a hospital participation agreement, may provide health care services to the employees or beneficiaries of a self-insured employer which employs a member of the system board of trustees, where the system board of trustees does not contract with the self-insured employer. Caution: 25-4-105(1).