MISSISSIPPI ETHICS COMMISSION
ADVISORY OPINIONS
CANDIDATES
95-002-E     1. A constable may not enter into a contract with the county of which he or she an officer for the purpose of collecting delinquent fines on a commission basis.
2. An alderman, councilman, and/or selectman may not serve in his or her elected capacity while a spouse is employed by the same municipality.
3. An employees of a district mental health complex may not concurrently serve in the state legislature. [6, 7, 14, 16, 19, A, E, F, M]
95-003-E     A county E-911 director may become a candidate for constable, and if elected, serve in both positions. [11, 16, M]
95-010-E     1. A municipality's acting chief of police may qualify as a candidate for justice court judge without taking a leave of absence.
2. A municipal police officer may qualify as a candidate for sheriff without taking a leave of absence. [5, 7, 13, 29, M]
95-014-E     A county supervisor-elect may serve in the same county in which his spouse is employed as deputy chancery clerk provided the deputy chancery clerk is not compensated by funds provided by the board of supervisors for the performance of the duties of the chancery clerk. [14, 26, A, M]
95-018-E     A person elected to the county board of supervisors may not serve in that capacity when the supervisor-elect is the lessor and the county is the lessee under a ten-year real property lease now in its fifth year. [14, M]
95-024-E     A supervisor-elect may serve in that capacity when his brother is an employee of the same county, however, the supervisor should recuse himself from any board action relating to his brother. [11, 14, 31, M]
95-026-E     A salaried associate for a law firm may serve on the state legislature when a partner/shareholder of the law firm is a registered lobbyist and is paid an annual flat fee by his lobbyist client which is placed into the law firm's funds to be distributed among the partners/shareholders, provided the legislator recuse himself from actions concerning legislation the partner/shareholder lobbied for or against on behalf of the lobbyist client. [1, F, L, M]

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

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

95-041-E     The spouse of a county election commissioner may become a candidate for county supervisor for the same district in which the election commissioner/spouse was elected, and if elected, serve in the office of county supervisor. [14, 21, A, M]
95-088-E     A county supervisor-elect's roofing company may contract with other public entities other than the supervisor-elect's county if the county is not appropriating funds to the other public entities or their projects. It violates Constitutional Section 109 and Code Section 25-4-105(2) for the supervisor-elect's company to contract with the supervisor-elect's county. [5, 9, 14, 20, M]
95-126-E     1. A school district's purchasing through a term bid with an auto parts store that employs a board member-elect after the board member-elect is sworn into office violates Constitutional Section 109 and Code Section 25-4-105(2) and (3)(a).
2. A school board member-elect may take office when his spouse was a former teacher for the school district and whose resignation was less than one year prior to the beginning date of the term of the board member-elect. [20, A, M]
95-135-E     A county supervisor-elect may continue his employment as a security guard with the county school district as long as the tax levy is limited to the mandatory amount requested by the school district and there are no contracts between the county and the county school district. [14, 20, M]
95-137-E     A county supervisor-elect may continue his employment as a counselor/social worker with the county/municipal school district as long as the tax levy is limited to the mandatory amount requested by the school district and there are no contracts between the county and the county school district. [14, 20, M]
95-138-E     The conflict of interest laws do not prohibit an alderman from serving as chancery clerk. However, there may be problems under the Separation of Powers Doctrine so the requestor was referred to the Attorney General. [6, 26, M]
95-140-E     A public school teacher may not, after the expiration of his or her existing contract with the school district, contract with the school district after being elected to the legislature. [20, F, M]
95-142-E     1. A school district's purchasing through a term bid with an auto parts store that employs a board member-elect after the board member-elect is sworn into office violates Constitutional Section 109 and Code Section 25-4-105(2) and (3)(a).
2. The question of liability is for a court of competent jurisdiction. A contract in violation of the Ethics in Government laws can be voided per Code Section 25-4- 105(6). Smith v. Dorsey. [20, M]
95-143-E     A school district's purchasing through a term bid with an auto parts store that employs a board member-elect after the board member-elect is sworn into office violates Constitutional Section 109 and Code Section 25-4-105(2) and (3)(a). [20, M]
95-147-E     A county supervisor-elect may not be employed with the bank serving as the county's depository. [2, 14, M]
95-149-E     A county may have its depository a bank employing a supervisor-elect's son as long as they are financially independent from each other and the supervisor-elect properly recuses himself [2, 14, 31, M]
95-155-E     A candidate for the municipal governing board may not serve if elected when he is the general manager of a cable television company that has an existing non-exclusive franchise agreement with the municipality. [6, M]