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]

95-011-E     The police chief of one municipality may accept an appointment to the board of a school district of another municipality. [5, 7, 20]

95-017-E     A redevelopment authority may, pursuant to a management agreement, reimburse certain expenses, including expenses of providing security, incurred by its property management company when the security expenses being reimbursed are the hourly rate charges of a security company which purchases insurance coverage from one of the public redevelopment authority's board members, provided the board member recuse himself from any discussion, consideration, or action concerning the security company. [5, 19, K]

95-020-E     A municipal council member who has litigation pending against one of the municipality's police officers with whom the municipality has entered into an indemnity agreement:

1. may participate in all council matters other than those relating to pending litigation's;

2. may participate in council matters relating to the police department's claims docket and budgetary items; and

3. should recuse himself/herself from participation during executive sessions in discussions concerning litigation other than his own involving plaintiffs represented by the attorney representing the council member in his suit against the police officer. [1,5,6,7]

95-025-E     A municipal employee assigned to monitor the performance of a company contracting with the municipality may resign and accept immediate employment with the company contracting with the municipality, provided the employee does not use his position as monitor of the municipal contract to gain the employment position. [5, 6, 7]

95-027-E     A municipality may not purchase water/sewer supplies from the municipality's certified water/sewer operator when the certified water/sewer operator is not a full-time employee but has a monthly service contract with the municipality. [5, 6,7, 19]

95-034-E     The executive director of an independent water and sewer district may become the new director of the municipality's new water and sewer board upon the municipality's take-over of the independent water and sewer district, provided the executive director of the independent water and sewer district was not a voting member of the water and sewer district who voted to approve the take-over by the municipality. [5, 7, 19]

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]

95-067-ER     It is a violation of Constitutional Section 109 and Code Section 25-4-105(2) if a municipal housing authority contracts with an engineering firm owned and controlled by a corporation that owns and controls a temporary personnel agency that employs a board member of the municipal housing authority. References Smith v. Dorsey. Also, cautioned as to a recusal not preventing a violation of 109 and 105(2). [25, 5]

95-068-E     A member of a municipal historic preservation commission may not be reappointed when the architectural firm employing the member contracts with the municipality's governing authority because the member is in violation of 25-4-105(3)(a). [5,8]

95-072-E     An attorney of a municipal governing board may simultaneously serve as the attorney for a municipal utilities commission whose members are appointed by the municipal governing board. The attorney should recuse himself from matters concerning the municipal utilities commission coming before the municipal governing board and the municipal governing authority coming before the municipal utilities commission. [6, 1, 5]

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]

95-086-E     Where only two cellular telephone companies are available for a municipality to contract with:

1. contracting with an alderman's company does not violate Code Section 25-4- 05(3)(a) because of the exception in Code Section 25-4-105(4)(d) but it does violate Constitutional Section 109 and Code Section 25-4-105(2).

2. contracting with a company that is an agent of one of the cellular telephone companies when there are other agents available and when a police officer has a material financial interest in the agent company violates Code Section 25-4- l05 (3)(a). [5, 6, 7]

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]

95-097-E     A board member of a municipal convention and visitors bureau which funds a local municipal coliseum from a 2 percent motel and restaurant tax required by local and private legislation may simultaneously serve as a board member of the municipal coliseum commission. [5]

95-099-E     A child of a police chief may under certain circumstances become a police officer with the police chief's municipality. The police chief was cautioned regarding Sections 25-4-101 and 25-4-105(1). [5,7, 31]

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]

95-108-E     The conflict of interest laws and the definitions under the conflict of interest laws do apply to members of an industrial board established by a joint resolution of a municipal board and a county board of supervisors. [5, 6, 9, 14, 19, K]

95-115-E     A member of a governing authority that established a joint municipal and county economic development authority:

1. may not after being contacted by an industrial prospect then contact the economic development authority to instruct its staff to make sure the industrial prospect locates on his property as to do so violates Section 25- 4-105(1) and (5). Also, potential Section 109 and Section 24-4-105(2) problems.

2. may not contact an industrial prospect directly concerning his property as a potential site when he learned of the industrial prospect by reason of his official position as to do so violates Section 25-4-105(5). Also, potential Section 109 and Section 24-4-105(2) problems.

3. may attend briefings by the economic development authority that concerns a potential site owned by the member. The member was cautioned regarding Section 25-4-105(1) and (5). A board member of a joint municipal and county economic development authority:

4. may sell property to the municipality and/or county which will then donate it to an industrial prospect. The member was cautioned regarding Section 109 and Section 25-4-105(2).

The member was cautioned regarding Section 25-4-101 in relation to all four (4) of the above issues. [5, 6, 8, 9, 14, 19, K]

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]

95-153-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 25-105(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]

95-156-E     1. An attorney serving as county prosecuting attorney and/or attorney for the board of supervisors may simultaneously serve as a municipal board attorney.

2. An attorney serving as county prosecuting attorney may simultaneously serve as a attorney for the county board of supervisors. [1, 5, 7, 11, 12]

94-012-E     1. A former director of a city's Community Development Department (CDD) may not contract with another governmental entity (The Partnership) to perform tasks related to a grant initiated by the CDD and concerning which he was personally involved as a city employee.

2. Fees earned from the performance of a contract as outlined above may not flow to a corporation, the officers of which being the former mayor and the former CDD director.

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.

94-029-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.

94-039-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.

94-040-E     An employee of a city/county economic and community development authority (EDA) may simultaneously serve as member of a county board of education.

94-047-E     An alderman of a Mayor-Council form of government may not serve as an uncompensated Fire Chief in the same city.

94-050-E     A county supervisor may not become an employee overseeing maintenance for a municipal school district when leases and agreements exist between the county and the municipal school district.

94-079-E     A city/county hospital may enter into an agreement of employment with a physician to provide professional services and the use of the physician's building and equipment by the hospital.

94-086-E     Retiring police officers may not purchase their weapon from their police department.

94-106-E     The spouse of a City's Mayor may not be employed by the City's Tourism Commission.

94-108-E     A local Convention Commission may select a site for a convention center while the Chairman of the Convention Commission is the president of a real estate company active in the local city wherein a convention center site will eventually be chosen, provided...

94-124-E     A municipality acting under a Mayor-Council form of government may not employ the municipality's maintenance manager's son in the municipality's maintenance department if the maintenance manager is a department head under Code Section 21-8-23.

94-128-E     A municipal governing authority board may vote to approve a variance of a municipal zoning ordinance requested by a company from which a member of the municipal governing authority board receives a significant pecuniary benefit through his or her private employment, provided...

94-142-E     A board member of a municipal convention and visitors bureau may not contract to operate the concession franchise with the same municipality's coliseum commission when the convention and visitors bureau sets aside in its budget a portion of a hotel-motel-restaurant tax to apply to the coliseum commission's indebtedness.

94-143-E     1. A municipally owned utility may contract with individuals to serve as radio dispatchers for the utility after normal business hours and on weekends if the individual with whom the utility proposes to contract is the spouse of a current utility department employee serving in the personnel classification of Construction and Operations Assistant.

2. A municipally owned utility may contract with individuals to serve as radio dispatchers for the utility after normal business hours and on weekends if the individual with whom the utility proposes to contract is the eighteen year old son of a utility department superintendent, who lives in the home of his father and is currently attending classes through a state rehabilitation service program.

94-144-E     1. One of the current board members of the City Housing Authority may be the mother of an Alderman-elect.

2. One of the current board members of the City Housing Authority may be re-appointed for a new term by the Mayor and Board of Aldermen, on
which her son is presently serving as an Alderman, provided...

94-147-E     A billboard advertising company whose principal owner is a member of the board of trustees of a community hospital may not contract with a private individual to build and service an outdoor advertising sign which the private individual in turn would lease to the community hospital for the purpose of advertising the community hospital's services.

93-032-E     An architect serves as a member of a municipality's planning and zoning commission.

1. The architect or other members of the architect's firm may not represent
clients before the planning and zoning commission.

2. The architect should recuse him/herself from consideration of any matter before the planning and zoning commission which involves a client of the
architect or the architect's firm.

3. The architect or the architect's firm may not contract with the municipality.

93-045-E     A member of a volunteer non-profit fire department (VFD) which is a member of a fire protection district (FPD) may not simultaneously serve as an Alderman of a city which financially supports the FPD.

93-067-E     A city may not contract with one of its firemen as concerns maintenance of the city's cemetery.

93-069-E     A town may appoint as its Town Marshall and/or water department person the spouse of its appointed Town Clerk.

93-077-E     A legislator may become a computer consultant for a city, provided...

93-087-E     A Rabies Control Officer of a city may sell for profit animals which come into his possession as a Rabies Control Officer, provided...

93-158-E     A Legislator and/or his prospective employer may not participate in state bond programs.

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...

93-186-E     A Board of Aldermen may employ a brother-in-law of one of its Aldermen as Director of Parks and Recreation, but...

93-193-E     An Alderman may be an uncompensated auxiliary member of a volunteer fire department (VFD) which is funded largely by the city and which also employs a son of the Alderman as one of its Directors and Treasurer.

93-226-E     An emancipated daughter of an E-911 Communications Center Commissioner may be an employee of E-911, provided...

93-229-E     A former city Mayor may become employed by a Utilities Commission whose members were appointed by the former Mayor and City Council, provided...

92-030-E     a city may rent or sell city industrial park land to the son-in-law of one of its commissioners.

92-040-E     An alderman owns approximate 4/10 of 1% of the stock of a corporation, said stock valued at $20,000. The corporation may not contract with the city and receive a community development block grant initiated by the city. Violations: Section 109; 25-4-105(2).

92-048-E     Members of a community hospital board of trustees and its administrative employees may serve as members, board members or officers of a non-profit corporation organized by the hospital to provide outpatient health care services.

92-070-E     The employer of a city civil service commissioner may not contract with the same city. Violation: 25-4-105(3)(a).

92-092-E     1. A retired airline employee may serve as a member of a city airport authority.

2. A person who is employed by a company which rents hanger space from a fixed base operator which leases from the city and which company also leases airport land from the city, may not become a member of the city airport authority. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a); 254-105(1).

3. A person who, via his corporation, leases (or rents) on a month to month basis hanger space from the city, may not become a member of the city airport authority. Violations: Section 109; 25-4-105(2); 25-4-1 05(3)(a); 25-4-105(1).

92-121-E     The son of a city/county parks and recreation chairman may not be employed as a summer worker. Violations: Section 109; 25-4-105(2); 25-4-105(1).

92-156-E     Must be viewed separately and are based upon a determination of fact.

92-166-E     A city's convention commission may acquire land from a partnership in which a former member of the convention commission has a financial interest, if the time since the completion of the former's term is a year or longer.

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.

92-226-E     1. A Legislator who is an attorney may continue as a member of a city park commission.

2. A Legislator who is an attorney may continue to represent a city school district.

3. A Legislator who is an attorney may continue to represent two towns.

92-230-E     A mayor of a city/owner of a sporting goods store may not sell goods or services to the city recreation department or to the city school system. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a).

91-039-E     A former commissioner of a housing authority (HA) may not, within one year of his resignation, become an employee of the same HA. Violations: Section 109; 25-4-105(2).

91-044-E     1. A city councilman who is a teacher with the city's school system should not vote to confirm an appointment to the city school board. Reference 86-16-E.

2. A city councilman whose wife is a teacher with the city's school system should not vote to confirm an appointment (or related issue) to the city school board. Reference 86-16-E.

3. A city councilman may simultaneously serve as a probation and parole officer. Caution: 25-4-105(1).

4. A city councilman may serve in that position when her husband is a county prosecuting attorney sharing office space with the city prosecuting attorney.

5. A city judge, appointed by the mayor and confirmed by the council, may not represent council members as to their actions involving their service on the council. Violation: 25-4-1 05(3)(a).

91-058-E     An alderman may not participate in a tax incentive created by the board of which he is a member. Violations: 25-4-105(2); Section 109; possibly 25-4-105(1).

91-079-E     A city may not contract with a company which is the employer of one of the city's compensate firemen. Violation: 25-4-105(3)(a). Caution: 25-4-105(1).

91-088-E     A father/police chief may not recommend his son for employment by the same police department. Violation: 25-4-105(1).

91-088-ER The son of a police chief may be employed by the department of public safety of the same city, and remain on the DPS eligibility list.

90-018-E     The son of an alderman, who also resides with the alderman/father, may not serve as a compensated volunteer fireman for the same city. Violations: Section 109; 25-4-105(1 )(Supra); 25-4-1 05(2)(Supra).

90-021-E     an appointed member of a city/county developmental authority may not become employed as an auditor of the same authority. Violations: Section 109; 25-4- 105(2); 25-4-105(3)(a).

90-032-E     A city may select as it fire chief a person who owns and operates a fire extinguisher sales and service company. Caution!: 25-4-101; 25-4-105(1); 25-4-105(5); 25-4-105(3)(a).

90-039-E     A Board of Fire Commissioners within a county district may not hire the fire chiefs son-in-law as a full-time fireman. Violation: 25-4-105(1).

90-055-E     A Legislator may not accept employment as a consultant for a corporation which contracts with several departments of the state. Violations: Section 109; 25-4-105(2).

90-062-E     A city may not contract with a company providing pest control services which is owned and operated by the immediate family of a captain of the city's fire department who also is employed part-time by the same company. Violation: 25-4-1 05(3)(a).

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: 25-4-1 05(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).

90-078-E     A board of supervisors may appoint a county employee (financial comptroller) as a member of a county commission (separate authority).

90-105-E     A city employee may not contract separately with the same city for purposes other than his/her contract of employment. Violation: 25-4-105(3)(a).

90-133-E     A Legislator may not sell to a city goods or services funded in part or in whole by a state loan program passed by the Legislature during the term of the Legislator. Violations: Section 109; 25-4-105(2).

90-138-E     The spouse of a councilman may become an employee of a non-profit corporation not funded by or under contract with the city of the councilman.

89-06-E     1. The chairman of a city's redevelopment authority may become executive director of the same agency until one year has expired following her resignation as chairman.

2. The chairman of a city's redevelopment authority may, immediately following her resignation, contract with a separate governmental entity of the city.

89-21-E     A commissioner of a city redevelopment authority may contract for compensation for a separate position within the same city by and trough its mayor and board of aldermen without having to resign as commissioner.

89-26-E     A senior vice president of a local bank depository of a city housing authority may not simultaneously serve as a commissioner/board member of the housing authority. Violations: Section 109; 25-4-101, et. seq.

89-140-E     A tenant of a municipal housing authority may not simultaneously serve as a member of the board of commissioners of the same entity. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a).

89-152-E     The firm of an attorney appointed as a commissioner of a city's civil service commission may not become a contractor, subcontractor, or vendor of the city. Violation: 25-4-105(3)(a).

89-153-E     A city may not make purchases from a store owned by a member of the city's economic development committee, an advisory committee. Violations: 25-4-101; 25-4-105(3)(a).

89-181-E     A member of a city-county airport board may not establish and operate a flying service at the same airport. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a); 25-4-105(1).

88-134-E     A mayor under a city manager/council form of government who is also an employee of the board of supervisors for the county in which the city is located (specifically, the county beat in which the city is located) may not simultaneously serve in both positions, as there exist inter-local agreement 5 with the city and county, resulting in the mayor's having an interest in a contract authorized by the board of which he is a member. Violations: Section 109; 25-4-105(2)(f); 25-4-105(1).

88-146-E     An attorney may not represent a public agency when another member of the attorney's firm is an active board member for the public agency. Violations: Section 109; 25-4-105 (1), (2)(a), and (2)(f).

88-164-E     A city fireman may not write bail bonds, appearance bonds, or appeal bonds returnable to the city which employs the fireman. Violations: 25-4-105(3)(a).

87-05-E     An employee of a city (fireman) may not become a vendor with any authority of the city if such authority is governed in its expenditures by the city council which governs the fire department. Violations: 25-4-105(2)(a); 25-4-0l5(3)(b) exemption does not apply.

87-41-E     1. A member of a recreation commission may not receive compensation from the corninission for performing recreation sponsored activities. Violations: 25-4-103 (f)(i); 25-4-105(2)(a) and (f).

2. An employee of a recreation commission may not receive compensation for performing officiating duties. Violation: 25-4-105(2)(a).

3. A center director may not, with Commission authority, operate private concessions at the center. Violation: 25-4-105(2)(a).

87-48-E     An employee of the Yazoo City Public Service Commission (YCPSC) may simultaneously serve as a Corinnissioner 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.

87-66-E     An uncompensated officer of a local homeowners' association may simultaneously serve as a councilperson under a mayor/council for of government. The councilperson/homeowners' association officer should recuse himself from all deliberations affecting the association.

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 Cornmissioner 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.

87-72-E     Any city purchases from a business partially owned by one of the city's aldermen would violate 25-4-105(2)(f).

87-78-E     A bank may not be designated as the depository for a community hospital when a member of the board of the community hospital holds a material financial interest in the bank. Violations: 25-4-105(2)(f); Section 109.

87-95-E     Reference: 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>(fi would occur.