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]
95-006-E A municipality operating under a code charter form of government may not approve additional compensation at an hourly rate for its salaried mayor for assisting with the duties of and the training of a new city clerk. [6, 8]
95-009-E A municipality operating under a code charter form of government may not contract with a printing company owned by the spouse of the municipality's city clerk if the city clerk has any control, direct or indirect, in the municipality's purchasing process. [6, 7, A]
95-015-E A county industrial development authority may purchase from the son of one of its board members the right-of-way for an access road to an industrial development site to be deeded to a municipality for designation as a public road, provided the son is entirely financially independent from his father and has no financial relationships existing with the father including any joint business interests. [6, 9,19,31, 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 litigations;
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]95-023-E A city council member may sell insurance to community hospital employees through a program offered by the community hospital which allows payment by payroll deduction when the community hospital is jointly owned by a county and the city the council member represents if the decision to participate is solely the employees' and the premiums are paid totally by the employees, provided the council member recuse himself from participation in pertinent matters. [6, 7, 11, 14, 24]
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]
95-028-E A district attorney may contract with a municipality within his judicial district for the district attorney's office to serve as municipal prosecuting attorney. [1, 6, 7, 12]
95-029-E A municipal council member should recuse himself from voting on an appointment to the board of trustees of the municipal school district when the council member's spouse is employed by the district in a teacher-level position. [6, 7, 20, A]
95-043-E A municipality may employ the son-in-law of the mayor as a police officer, provided both the daughter and the son-in-law of the mayor are financially independent and free from the control of the father/mayor. [6, 7, 8, 31]
95-045-E A former associate manager of a state agency whose primary duty was to manage grant applications from local governments and to monitor grantees may become a consultant to local governments providing assistance in making new applications for grants to his or her former state agency employer, provided the former associate manager limits his or her consultant work to grant applications and/or grants that originate after his or her termination with the state agency. [6, B, B]
95-058-E It is not a violation of 109 and 25-4-105(2) for a council member's financially independent son and residential property lessee to have ownership interests in a company that contracts with the municipality. [6, 31]
95-065-E It is a violation of Constitutional Section 109 and Code Section 25-4-105(2) if a municipality contracts with a cellular telephone company through an independent agent to provide services to the municipality when another independent agent for that same cellular telephone company is a council member of the municipality. [6]
95-071-E An alderman may vote to approve and pay the municipality's docket of claims when it includes invoices from a hardware store owned by the alderman's brother. This situation does not violate the conflict of interest laws as brother is not included in the definition of "relative" set forth in Code Section 25-4-103(q). However, the alderman should recuse himself in order to avoid the appearance of impropriety under Code Section 25-4-101 and using his official position to obtain pecuniary benefit under Code Section 25-4-105(1). [6, 31]
95-074-E A "memorandum of understanding" between a municipality and an industry required by a CDBG grant to require the industry indemnify the municipal for the grant amount should it not expand does not violate the conflict of interest laws even though three (3) members of the municipal board are employees of the industry. [6, 22]
95-080-E An attorney for a municipal housing authority may continue to represent the housing authority after his father-in-law is appointed to the housing authority's board if they are completely financially independent of each other and the father-in- law recuses himself from matters concerning his son-in-law. [1, 6, 25, 31]
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]
95-086-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 25-4-105(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 25-4-105(3)(a). [5, 6, 7]
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]
95-107-E An alderman's parent may be a contractor under a home renovation grant funded by federal funds when the alderman's municipality received the grant if the alderman and parent are financially independent. The alderman was cautioned regarding Sections 25-4-101 and 25-4-105(1). [6, 22, 31]
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]
95-112-E An alderman is not prohibited by the conflict of interest laws from voting on matters concerning an employee that charged the alderman with harassment. [6, 7]
95-115-E A member of a governing authority that established a joint municipal and county economic development authority:
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]
95-117-E 1. A state employee may serve as a municipal council member.
2. The state employee should recuse himself or herself from actions coming before the municipal council that concerns the state agency employing the council member. [6, B]
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]
95-129-E Employees of a community college may serve as mayor or aldermen of a municipality when the community college and the municipality have a contract whereby the community college agrees to annually pay a percentage of the cost of the operation and maintenance of the municipality's water system. [6, 8, 18]
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]
95-155-E A candidate for the municipal governing board may not serve if electedwhen he is the general manager of a cable television company that has an existing non- exclusive franchise agreement with the municipality. [6, M]
94-001-E A city's mayor, alderman, city clerk, or other city employees may not become employed by an accounting firm which leases office space from the city.
94-007-E An alderman who is a university employee should recuse himself from voting on matters before the Board of Aldermen which concern various components or programs of a university.
94-009-E A city may purchase land from the father of one of its Aldermen, provided the son/alderman recuses himself from all deliberations concerning the purchase of the father's land.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.
94-013-E An alderman should recuse himself from voting as to the appointment of a school board member when the alderman is a teacher/coach for the school district.
94-014-E A city may not purchase from a vendor employing one of the city's Aldermen.
94-015-E A town may purchase business forms from a company where the spouse of the mayor shares working space and does typesetting for the forms when required but does not charge for the typesetting service, provided the mayor has less than a material financial interest in the contract and recuses himself from all deliberations and votes concerning the contract.
94-021-E A city fire chief may simultaneously serve as a Trustee of a county hospital and nursing home within the county.
94-024-E A councilman may not be hire to drive a city bus.
94-028-E A step son of an Alderman may be appointed as a Department Head of a city, provided the stepson is financially independent of the stepfather/alderman and the stepfather/alderman recuses himself from all actions and deliberations concerning the stepson's contract with the city.
94-045-E The spouse of an Alderman may not be a successful bidder as to a parcel of land declared surplus by a town and thereafter placed for sale to the highest and best bidder.
94-046-E The mayor of a city with a Mayor-Council form of government may not become employed by a casino and perform duties in other states when the casino contracts with the city.
94-047-E An alderman of a Mayor-Council form of government may not serve as an uncompensated Fire Chief in the same city.
94-053-E A town may simultaneously employee one spouse as its city clerk and the other spouse as Water Department Superintendent.94-055-E 1. A city councilman may not do business with a casino which maintains a contractual relationship with the city.
2. A city councilman may do business with casinos which do not have
contractual relationships with the city.3. A city councilman mayor may not do business with casinos which lease
property from the city and apparently have contractual relationships with
the city, depending upon the extent of the business the councilman would
have with the casinos.94-058-E A county supervisor as a general partner of a limited partnership may contract with towns within the county to construct and operate apartment developments under Home Fund Grants, if such contracts are in fact not authorized by the Board of Supervisors.
94-064-E The governing body of a municipality, following an election, may vote to approve an invoice submitted by an authorized attorney which includes payment of fees to a separate attorney retained by the Mayor-elect before he took office to defend the city's interest in an election contest, provided the mayor-elect recused himself from all deliberations and/or board action relating to this matter.
94-095-E A Mayor of a city may receive a fee as a land developer as concerns private business located within his city.
94-096-E An Alderman may not resign and become employed as a town policeman within one year of his resignation.
94-104-E The spouse of a candidate elected to the position of Alderman for a city may not continue in her position of employment after the spouse/Alderman takes office.
94-106-E The spouse of a City's Mayor may not be employed by the City's Tourism Commission.94-107-E 1. A city councilman and the city attorney may be father and son.
2. A city councilman may also be a member of the county school board.
94-120-E A city Alderman may not become employed as Executive Director of the local Chamber of Commerce which receives $10,000 annually from the city.
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.
94-125-E Members of the executive branch of a municipality may accept compensation for their time, expenses, and travel from industries located within the municipality for speaking on behalf of the industries in other cities, counties, and states.
94-130-E A municipal governing authority may not contract to do business with companies when these same companies have contracts with a business owned by one of the municipal council members, if the contracts between the municipality and the companies results in the municipal council member's having a subcontract to the municipality's contract or if the materials sold by the council member's company are reasonably expected to become a part of any contract with the municipality.
94-131-E A municipal governing authority may appoint a principal in an architectural firm to the municipal housing authority when the appointee contracts with the municipal governing authority, provided...
94-132-E A municipal governing authority may not select as its depository a bank employing as a teller a council member's spouse.94-134-E 1. A municipal governing authority may vote to approve a variance of a municipal zoning ordinance on a parcel of land that a municipal council member has an option to purchase, provided...
2. A municipal council member's spouse employed by one company may not sell services to another company that has ongoing contracts with the municipality, if...
94-135-E A member of a county Board of Supervisors may simultaneously serve as a city council member of a municipality located within the county where the member serves as a supervisor.
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.94-144-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...
94-150-E A candidate may be elected to the position of Selectman for a city which has employed the candidate's spouse as a police officer for several years, provided the spouse/police officer does not continue to work for the city.
94-151-E A municipality with a code charter form of government (mayor/board of aldermen) may contract with a professional engineering firm whose owner is the son of the owner of another engineering firm employing both the son and the mayor of the municipality.
94-152-E A city may not use as its city depository a bank which has as one of its directors a newly elected Selectman.
94-155-E A city may not contract to purchase a communication system from a company which intends to employ one of the city's council members as a sales representative to be compensated on a commission basis.
93-009-E The auditor for a city may be the son-in-law of one of its aldermen, provided...
93-010-E A city may not award a bid for city real property when the only bid was submitted by a corporation owned by its mayor.
93-015-E A town may not accept a donation of contaminated land subject to certain contingencies when the spouse of one of the town's Aldermen is employed by a manufacturing plant making the donation.
93-017-E A city council may not do business with casinos located within the city.
93-020-E A member of a county Board of Education may become an Alderman or Mayor of a city within the county.
93-022-E A city Councilman may simultaneously be an employee of a state commission.
93-031-E An officer of a bank depository of a town may become an Alderman of the town, provided...
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.
93-035-E A plaintiff in a law suit against a town may be elected Alderman of the same town and serve in that capacity, provided...
93-036-E An emancipated son of the Chief Detective of a city may become an alderman of the same city.93-043-E 1. A City Councilman may serve in that capacity while his wife is employed as a waitress for a casino within the city.
2. A long as the councilman's wife is employed by the casino, the casino may not contract with the city.
3. The councilman may become employed with a casino that is outside of the city limits and has no contractual relationship with the city.
93-044-E An employee of one political subdivision (a serviceman for a gas district) may become a candidate for an office of another political subdivision (an Alderman for a town).
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.
93-049-E An employee of a Department of the State of Mississippi may become a candidate for Alderman of a town and if elected, serve in both positions.
93-050-E A city Councilman may serve on a county Convention and Visitors Bureau.
93-053-E An Alderman may not vote as to an exemption from an ad valorem tax relating to a company where he is a salaried employee.
93-056-E A Mayor's spouse may serve as Alderman of the same city, provided...
93-066-E A city Councilman may vote on a zoning matter concerning land adjacent to his which vote would not result in a pecuniary benefit to him.
93-067-E A city may not contract with one of its firemen as concerns maintenance of the city's cemetery.
93-071-E A city may contract with a bank with which one of its Aldermen is affiliated, provided...
93-084-E The daughter of a town's part-time contract worker who resides with the father may not take office as an Alderperson for the town.
93-090-E An Assistant Public Defender of a county may simultaneously serve as a city Councilman, provided...
93-095-E A Municipal Judge may be a member of the Board of Directors and a stockholder of a bank depository of the same city.
93-100-E A city may not contract with a bank which employs as an officer the spouse of its Mayor.
93-111-E A part-time stock person employed by a local parts store which contracts with the city may not simultaneously serve as an Alderperson for the city.
93-122-E A city may contract with a corporation owned solely by two sons, their wives and children, of its mayor who is not an officer, employee, or director of the corporation, receives no remuneration from the corporation, and who has no financial dealings with his sons, provided...
93-128-E A city may not do business with: (1) a merchant who bought a business from the Mayor of the city whose last day in office was July 6, 1993, or (2) a merchant which had employed or which employs the former Mayor, until one year after the Mayor's term of office expires or until the former Mayor's interest is removed.
93-130-E An attorney may not become City Attorney of a town while the Mayor of the town is a Secretary for the attorney.
93-133-B The spouse of a Councilperson may not serve as a Public Defender following the spouse's appointment by the Mayor in a Mayor-Council form of government.
93-139-E The spouse of a Mayor may not be employed by a regional library system (RLS) in a library partially supported by the same town.93-144-E 1. A Board of Aldermen may retain an attorney as City Attorney who is the brother of one of the members of the Board of Aldermen.
2. The Board of Aldermen may appoint a part-time judge who is the brother of one of the members of the Board of Aldermen.3. A Board of Aldermen may appoint a Department Head whose wife's sister is married to a member of the Board of Aldermen.
93-160-E A town may accept a small piece of land as a donation from one of its Aldermen which promotes the interest of the town, provided...
93-179-E A developer under option with a city to lease a parcel of land may purchase a separate tract of land owned by the mayor and under option to a separate party, provided...93-185-E 1. A city may contract with a legal firm for services when an Alderman of the city is a mother of a member of the legal firm, provided.
2. The mother should recuse herself from voting on such matters.
3. The members of the legal firm may appear before the city Board of
Aldermen as regards appeals from the city Planning and Zoning Board,
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.93-196-E 1. An Alderman who is contracting with a group of persons may not vote for one of those persons to become a city department head or use his influence to persuade others to vote for that person.
2. An Alderman may vote for a life-long friend/hunting partner in the same
hunting club, provided...93-201-E A city may not purchase insurance from a second corporation owned by persons who also own a first insurance corporation which was purchases from the Mayor of the city.
93-210-E An Alderman may be employed as a lieutenant of a Sheriffs Office or as a captain of a Metro Narcotics Unit, formed by local governmental entities including his city and funded by a federal grant.
93-212-E A city may purchase printing supplies from a business which is one of four businesses owned by a family, as Alderman and his/her spouse being employed by two of the other businesses.
93-214-E An Alderman may serve as a Street Commissioner and receive compensation in addition to that compensation as Alderman.
93-219-E Mayors and Alderpersons may be members of the city Chamber of Commerce (CC), but may not serve on the Board of Directors of the CC. The City Clerk may be a member of the CC, and serve on the Board of Directors of the CC.
93-223-E A former Mayor of a city may represent a city employee in a grievance proceeding, 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...
92-015-E A city may contract with a local telephone company employing one if its aldermen when the decision is non-discretionary on the part of the board. Alderman in question should recuse.
92-030-E a city may rent or sell city industrial park land to the son-in-law of one of its commissioners.
92-033-E A mayor under a mayor-council form of government may own less than a material financial interest in stock of a depository of the city. De minimis interest.
92-039-E The spouse of a member of the board of trustees of the city school district may, if elected, serve as councilman for the same city.
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).
92-070-E The employer of a city civil service commissioner may not contract with the same city. Violation: 25-4-1 05(3)(a).
92-087-E The spouse of a deputy city attorney may be awarded a contract by the city based on a low bid to supply furniture.
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); 25-4-105(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); 254-1 05(3)(a); 25-4-105(1).
92-100-E The assets of an insurance agency doing business with a city may be purchased by another insurance agency formerly owned by the current mayor, but which agency was sold by the mayor, payments for which is secured by notes of the company personally guaranteed by the owners.
92-106-E A town may not lease property from its police chief Violation: 25-4-105(3)(a).
92-108-E An ad valorem tax exemption may be granted by a board of aldermen as regards a corporation owned by one of its members, provided 25-4-105(1) is not violated.
92-109-E A city may not purchase title insurance from a company, the local agent of the company and writer of the policy being the city attorney. Violations: 25-4-105(3)(a); 25-4-105(1).
92-111-E A person elected alderman, whose spouse is a sergeant on the city's police department, will violate Section 109 and 25-4-105(2) when the city's annual budget is adopted.
92-123-E A business owned by a county supervisor may contract with cities and towns within the county and with other counties within the state.
92-128-E A city may contract with a newspaper owned by its mayor, only when the exemption of 25-4-103(a) applies.
92-134-E The governing board of a city may not authorize payment of fees of legal counsel under circumstances deemed by the office of the AG to be an "after the fact" reimbursement for which there was no authority. Violation: 25-4-105(1)(Supra).
92-160-E A person retires from a county school system may simultaneously serve as an alderman and on the county school board.
92-164-E A mayor of a city having a mayor and board of aldermen may be a member of a bank advisory board, receiving less than $1000 per year and having no stock ownership, which bank is a depository of the city. Less than a material financial interest. Caution: 25-4-105(1).
92-169-E A member of a board of aldermen may be employed by the State Department of Health at a local WIC distribution center.
92-172-E A bank branch may not continue as a depository of a city should the branch bank's assistant vice president/loan secretary be elected to the board of councilmen of the same city. Violations: Section 109; 25-4-105(2).
92-180-E A bank may not be a depository of a city when the spouse of an alderman is employed by the bank. Violations: 25-4-105(2); Section 109.
92-185-E A city's council may not grant a waiver as to a sign ordinance requested by a gaming operation which does business with one of the council's members. Violation: 25-4-105(3)(a).
92-186-E A city's councilman may not do business with a gaming operation which is a lessee of the city and also vote on matters coming before the council which concern the gaming operation. Violations: 25-4-1 05(3)(a); 25-4-105(1).
92-188-E A city's council may vote on matters before the council pertaining to gaming operations which are other than those in which he may have an interest. Cautions: 25-4-101; 25-4-105(1).
92-194-E A CPA whose accounting firm contracts with the city for city audit purposes may become appointed by the county to the board of trustees of the city-county hospital.
92-202-E A private company may not contract with a housing authority of a city when an employee of the company is simultaneously a member of the housing authority. Violations: Section 109; 25-4-105(2); 25-4-1 05(3)(a).
92-206-E An alderman may participate in board deliberations and voting concerning dockside gambling when a casino corporation is negotiating with both the city and a yacht club, the latter of which the alderman was a member and owed a form of indebtedness.
92-212-E A commissioner appointed by a county board of supervisors to a county development commission may become a candidate for city council of a city which is one of five cities which also appoints one commissioner or the CDC. Caution: 25-4-105(1).
92-213-E A town may not satisfy a claim tendered by one of its aldermen, unless the result of a tort. Otherwise, violations: section 109; 25-4-105(2).
92-216-E An alderman may not participate in board deliberations and voting as to rezoning by a city of property owned by a corporation which employs a law firm of which the alderman is an associate. Violation: 25-4-105(1).
92-236-E A city part-time employee who is also employed by the same city's separate school district may not simultaneously serve as alderman for the same city. Section 109; 25-4-105(2).
91-002-E An alderman may become a non-salaried board member of a chamber of commerce which receives a yearly donation from the city. Caution: 25-4-105(1).
91-014-E A city may do business with a lumber company previously owned by one of its aldermen and currently owned by two of the alderman's brothers. Caution: 25-4-101.
91-018-E 1. An insurance company may not sell insurance to a city when an alderman is a commissioned salesman of the same company. Violations: 25-4-105(2); 25-4-105(3)(a).
2. A city may do business with a bank, the president and principal stockholder of which also owns the insurance company employing the alderman. Caution: 25-4-101.
91-024-E Concerns alderman and non-profit entity. Not enough info to issue opinion.
91-035-E An alderman may not sell goods to a contractor who is to be paid from proceeds of a Community development Block Grant awarded the city of the alderman. 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).
91-054-E A town may not contract with a bank when the spouse of an alderman is an assistant vice-president of the bank. Violations: Section 109; 25-4-105(2).
91-055-E A city may allocate some of its tax dollars to a university when one of its aldermen is employed by the university, another alderman does business with the university, and the spouse of another alderman provides professional services to the university. Caution: 25-4-105(1).
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).
91-062-E An alderman or councilman may not become a general manager or employee of a non-profit service company owned by two other non-profit corporations which contract with the city. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a).
91-064-E A city may contract with a former city employee. However, may be prohibited in some cases.
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).
91-100-E A city may loan proceeds of a CDBG grant to a non-profit corporation to renovate a donated hotel for the elderly, the uncompensated president of the donor corporation being the mayor of the same city. Caution: 25-4-105(1).
91-118-E A city may contract with state employees to perform services for the same city which are in addition to the state employees' regular duties.
91-126-E A city councilman may or may not simultaneously be employed as a coordinator of a county's worthless check unit, depending upon Smith.
91-131-E 1. A Legislator may not own more than 10% of a corporation which does subcontracting work on road construction projects funded, in part, by the Mississippi Highway Department. Violation: Section 109.
2. Dependent upon Smith.
3. Non-voting does not remove violations of Section 109.
4. Not enough facts.
91-133-E 1. A city may not contract with a newspaper partially owned by one of the county's supervisors. Re: Smith.91-139-E An alderman may not become employed by a city owned hospital. Violations: Section 109; 25-4-105(2).
90-002-E An alderman may not be an independent air conditioning contractor with the city's housing authority. Violations: Section 109; 25-4-105(2).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).
90-019-E A board of aldermen may not establish just compensation or otherwise take any authorizing step regarding a purchase of property of one of its members by the town. Violations: Section 109; 25-4-105(2).
90-031-E A city may not award a contract based on a low bid to a spouse of the city's bookkeeper having no participation in the receipt, writing, opening, evaluating, awarding or payment of the bid. Violation: 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).
90-042-E A city may lease a city building to the emancipated son-in-law of its mayor.
90-043-E A candidate for city councilman may not serve in that capacity, if elected, when the candidate is a general manager for a television cable company possessing a 25 year permit granted by a city ordinance in May, 1975. Violations: Section 109; 25-4- 105(3)(a); 25-4-105(2); 25-4-105(1).
90-044-E 1. A city may not contract for services with a local radio station, the manager of which is an alderman of the same city. Violations: Section 109; 25-4-101; 25-4-105(1), (2), and (3)(a).
2. A city may not furnish funds to a county civil defense department for the purpose of advertising with the above mentioned radio station. Violations: Section 109; 25-4-101; 25-4-105(1) and (2).
90-059-E An alderman may become a school teacher in the city' separate school district.
90-065-E A city may employ the emancipated son of an alderman.
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).
90-072-E The brother of an alderman may be a volunteer fireman in the same city.
90-078-E A board of supervisors may appoint a county employee (financial comptroller) as a member of a county commission (separate authority).
90-079-E 1. A city attorney (as a private attorney or via his law firm) may represent private clients before the Board of Aldermen. Caution: 25-4-105(3)(d); 25-4-105(5).
2. a city attorney of a city owning its own natural gas system may represent a private electric power association which does business within the city and competes against the city gas system. Caution: 25-4-105(1); 25-4-105(3)(d).
90-084-E The emancipated son of an alderman may become a man for the same city.
90-086-E A city make not make purchase of goods or services from a corporation owned by a member of the city's planning board and advisory board. Violations: 25-4-101; 25-4-105(3)(a).
90-094-E The unemancipated son of an ex-mayor (within one year of the expiration of the mayor's term) may not purchase real property from the city, which property was not purchasable by the ex-mayor because of the prohibitions of the ethics laws. If the son is emancipated, the purchase would be lawful.
90-096-E An alderman does not violate the ethics laws when the city purchases a mall resulting in sales commissions to a realty firm which employs the alderman on a commission basis, when the alderman recuses herself in board deliberations, and receives no benefit from the sale.
90-100-E A compensated town volunteer fireman may not contract with the same town for repair of a town fire truck. Violation: 25-4-105(3)(a).
90-101-E A Legislator may sell insurance to public employees who pay the entire cost of the insurance. Caution: 25-4-105(1).
90-102-E An executive director of a transportation authority may hire the emancipated son/daughter of one of the commissioners of the same authority.
90-103-E A Legislator may contract with a municipality to furnish goods or services paid for by the municipality with proceeds from locally imposed fees or taxes. Caution: 25-4-105(1).
90-104-E An employee of a Regional Wastewater Management District (RWMD) may not become an alderman of a city which has contracted with the RWMD. Violations: Section 109; 25-4-105(2).
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).
90-108-E A city may not contract with either of two banks, the mayor being a chairman of one, and an alderman and his/her spouse being employed by the other. Violations: Section 109; 25-4-105(2).
90-119-E A city may purchase real property for a library site from the financially independent parents of the mayor.
90-127-E A city may not contract with one of its aldermen and thereafter dump on the alderman's property, at no charge for debris, coincidentally increasing the value of the alderman's property. Violations: Section 109; 25-4-105(2).
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.
89-14-E An alderman/sales representative may sell school related supplies to a county school district.
89-15-E A city may award a contract as a result of a low bid to the spouse of a city secretary who had no participation in decisions of the city prior to, during, or after the bid process.
89-17-E A director of aging within a planning and development district which receives state, federal, and county funds but no local city funds may simultaneously serve as Alderman for a city located within the district.
89-18-E The spouse of a successful candidate for alderman or mayor may not be employed by the regional library system library partially funded by the town. Violations: 25-4-105(1); 25-4-103(p); Section 109; 25-4-105(2).
89-20-E A city may award a contract based on a low bid to a general contractor whose bid is composed in part of a subcontract submitted by an entity which has a management employee whose wife is a secretary for a remote and disinterested subdivision 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.
89-25-E Should a candidate for alderman be elected, a conflict of interest would not occur because a brother and niece of the candidate are already employees of the city.
89-27-E 1. An employee of a planning and development district (PDD) working at a nutrition site in a city which provides in-kind and financial remuneration to PDD may not simultaneously serve as alderman of the city. Violations: Section 109; 25-4-105(2); possible 25-4-105(1).
2. The husband of the above PDD employee may not become an alderman of the city. Violations: 25-4-105(1); Section 109; 25-4-105(2).
89-32-E A city may not award the attorney for the city a contract for legal services to be performed in connection with and to be paid from funds of a Mississippi Housing Community Development Block Grant of Community Development Federal-State Programs. Violation: 25-4-105(3)(a).
88-35-E An Alderman/Vice-mayor may not simultaneously be an employee/part owner of a company contracting with the town and perform services for the company as an employee consisting of reappraisal "recap" work enabled by a rehabilitation housing grant to the town. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a).
89-38-E A city official may accept an invitation of a foreign firm to travel to the foreign city for industrial development purposes with expenses to be paid by the foreign firm. Cautions: 25-4-101; 25-4-105(1) and (2).
89-40-E the spouse of a school teacher in a line consolidated school system may become an alderman for the city.
89-55-E A city official may not participate in a zoning matter during a city board meeting or planning commission meeting when the official has a personal interest in the matter. Violations: 25-4-105(1); possible 25-4-101.
89-77-E 1. A city alderman who operates a wrecker service may respond to requests from the city as regards wrecked automobiles when all wrecker charges are resolved between the automobile owner and the wrecker service. Caution: 25-4-105(1); 25-4-105(5).
2. A city may purchase from a tire and automobile parts business owned by or employing the emancipated and financially independent son of the mayor. Reference: 88-135-E.
3. A city may not purchase from an automobile dealership which employs the mayor on a commission basis with the mayor also having a profit sharing agreement with the dealership. Violations: 25-4-105(3)(a); 25-4-105(1) and (5). Reference: 89-71-E.
4. An alderman may vote on raises and related matters which affect his brother, a police officer of the same city. Caution: recusal.
89-78-E An alderman, during an ice storm subsequently proclaimed a state-wide emergency, may not contract on behalf of the city with a private business owned and operated by an employee of the city to remove trees, tree limbs, etc., posing danger to the public and interruption of utility service. Violations: 25-4-105(3)(a); possibly 25- 4-105(6).
89-86-E The brother of a city alderman may be appointed to a district gas board by the board of aldermen, provided the alderman recuses herself from all deliberation relating to the appointment of the brother.
89-91-E A commissioner of a city may not write ball bonds to the city as a consequence of arrests made by the same city's police department. Violations: 25-4-105(3)(a); 25- 4-105(1); possibly 25-4-105(5).
89-93-E A person elected alderman may not serve in that position until he divests himself of an interest in a lease to the town on a piece of property, even though the lease was initiated before the alderman-elect was elected. Violation: 25-4-105(3)(a).
89-96-E 1. An insurance company previously owned by an alderman-elect may do business with the city after the alderman-elect takes office.
a. The final payment of $10,000 to the alderman-elect after he takes office and pursuant to a prior contract of sale does not violate the ethics provisions.
b. The alderman may not become a commissioned salesperson for the insurance company he previously owned, when the company contracts with the city. Violations: 25-4-105(3)(a); 25-4-105(2).
2. An alderman is cautioned against serving as a compensated member of an advisory board for a bank depository of the city. Possible violations: Section 109; 25-4-105(2).
3. An alderman may hold a de minimis interest in a city bank depository. Reference 88-06-E.
89-100-E The spouse of a city council member-elect may not continue to be employed by the city following the swearing-in of the spouse/councilperson. Violations: Section 109; 25-4-105(2).
89-101-E The brother of an incumbent municipal judge may take public office as an alderman for the same municipality. Caution: recusal.
89-105-E A city commissioner may simultaneously serve as an appointed member of a county industrial development authority.
89-106-E A city selectman may not be employed by a business which contracts with the city from time to time. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a). Reference: 88-156-E.
89-110-E An alderman who resigns his position may contract with the board of which he was a member following the expiration of twelve months from the effective date of the resignation.
89-111-E A city may reappoint as city clerk the sister of an alderman. Caution: recusal.
89-114-E A board of aldermen may appoint as city clerk the emancipated daughter of one of the aldermen and daughter-in-law of the mayor. Cautions: 25-4-105(1); 25-4-101.
89-117-E 1. The Mississippi Ethics in Government laws do not affect the continuance of a contract executed by a prior board of aldermen which contract extends into the term of a newly elected mayor and board of aldermen, the new mayor having less than a material financial interest in the contract.
2. A board of aldermen may designate as a bank depository a bank in which the mayor holds less than a material financial interest. Caution: recusal.89-118-E A board of aldermen may not purchase from a company which employs an alderman. Violations: 25-4-105(2); 25-4-105(3)(a). Reference: 88-156-E.
89-12 1-E A town may not purchase from three vendors, each of whom simultaneously serve as elected aldermen for the same town. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a); possibly 25-4-105(1). Recusal does not remove violations of Section 109 or 25-4-105(2).
89-122-E An alderman may not simultaneously serve as a volunteer fireman receiving compensation from the same city. Violations: Section 109; 25-4-105(2); 25-4-105(1). Recusal does not remove violations of Section 109 or 25-4-105(2). Caution: 25-4-101.
89-127-E A city councilman may simultaneously serves as a county inventory control clerk and county veterans' advisor. Cautions: 25-4-101; 25-4-105(1).
89-128-E A city's commissioner may not simultaneously receive $100 or less per month as a fireman. Violations: Section 109; 25-4-105(2). Reference: 89-122-E.
89-136-E 1. The spouse of an alderman or mayor may not be an employee of a regional library system (RLS) partially funded by the city. Violations: 25-4-105(1); 25-4-105(2); Section 109. Reference: 89-18-E.
2. A city may not make a $500 yearly contribution to a RLS when the spouse of the mayor is the librarian for the RLS and also the city clerk. Reference: 89-19-E. Violation: 25-4-105(3)(a); Section 109; 25-4-105(2)(a) and (2)(f).
3. Relatives of a city's governing body may not be employees of the RLS when the RLS is partially funded by the city. Violation of the governing body, not the RLS.
4. The spouse of a mayor of a city may be employed by a RLS which receives no funding from the city.
5. The sister-in-law of the mayor of a city may be employed by the RLS which receives some funding from the city.
89-138-E 1. A board of aldermen may not appoint the mayor's spouse or children to serve on a housing authority board. Violations: 25-4-105(1).
2. A board of aldermen may not appoint the spouse or children of an alderman to a housing authority board, even when the alderman either recuses himself or votes against the measure. Violation: 25-4-105(1).
89-145-E 1. A county supervisor may simultaneously be employed as a census worker.2. The simultaneous service of a person as a member of the county Democratic executive committee, alderman for a city within the county, and on a county district board of education requires an AG's opinion.
89-150-E A board of aldermen may hire the brother-in-law of one of its members.
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;25-4-1 05(3)(a).
89-156-E An alderman may not vote on matters affecting a relative who is the city clerk who held the position prior to the alderman's election. Violation: 25-4-105(1). Reference: 89-114-E.
89-159-E 1. A co-op may not contract with a city when the chairman of the board of the co op is an employee of the city. Violations: Section 109; 25-4-105(1); 25-4-105(2).
2. A co-op may not contract with a city when the bookkeeper of the co-op is an alderman for the city. Violations: Section 109; 25-4-105(2); 25-4-105(1); 25-4-101.
89-165-E 1. An alderman of a city may not serve as Executive Director of a county human resources center (HRC) one or more components of which receive discretionary funding from the city and pay rent to the city. Violations: Section 109; 25-4-105(1); 25-4-105(2); 25-4-105(3)(a).
2. The mayor of a city may not serve as Executive Director of a county human resources center (HRC) one or more components of which receive discretionary funding from the city and pay rent to the city. Violations: Section 109; 25-4-105(1); 25-4-105(2); 25-4-1 05(3)(a); 25-4-1 05(3)(e).
3. A leave of absence for the Executive Directorship of the HRC will not remove the violation.
4. A mayor may not be a paid consultant or contract his services to HRC. Violations: 25-4-105(3)(a).
89-167-E A board of aldermen may hire as an employee of the town's maintenance department an emancipated son-in-law of one of the aldermen. Caution: 25-4-105(1).
89-171-E A candidate for alderman, if elected, who is also a salaried employee of an insurance company which has written some insurance policies covering the town of the alderman, would possess a prohibited interest pursuant to 25-4-105(2)(a). Reference: 88-67-E .89-176-E The aldermen of a code charter form of government may vote an increase in salary for themselves and the mayor during their term of office.
89-177-E A town may purchase a computer from a CPA who also provides other financial related services to the town.
89-179-E A city may contract sanitation services with a company which employs the mayor's brother as a district manager in a separate district.
88-16-E A board of aldermen may not contract with a bank in which two of the aldermen have a material financial interest. Recusal does not remove violations. Violations: Section 109; 25-4-103Q).
88-18-E The emancipated son of an alderman may be employed on a part-time basis with the city's water and sewage department, provided the father does not violate Section 25-4-105(1).
88-24-E The spouse of a member of a city's board of aldermen may be employed as the Chamber of Commerce Vice-President, provided recusal.
88-26-E A city council member may not contract with a non-profit corporation which holds a contract with the city. Violations: Section 109; 25-4-105(2)(f); possibly 25-4-105(1).
88-27-E The spouse of a member of a city's board of aldermen may not be employed with a bank which serves as a city depository. Reference: 86-76-E. Violations: Section 109; 25-4-105(2)(f).
88-32-E A member of the board of trustees of a county hospital may not be employed by a company which receives a lease approved by the board until one year after the expiration of the board member's term, regardless of whether the board member served the entire term. Violations: Section 109; 25-4-105(2)(f); 25-4-105(1).
88-43-E 1. The spouse of a city council person may serve as a member of the board of a 501(c)(3) corporation. The spouse receives no compensation for service on the non-profit board.
2. The spouse of a city council person may be employed by a corporation which receives grants from the city, as the spouse's salary is compensated by state funds and no city funds.
88-45-E An investigator for the state department of audit may simultaneously serve as a city council person.88-48-E A county may contract with a company which employs the emancipated daughter of one of the county's supervisors. Caution: 25-4-105(1); 25-4-105(4).
88-51-E A city may employ as a fireman the emancipated son of an alderman, provided the father/alderman has no interest in the contract of the son/fireman.
88-67-E An alderman may not contract with the board of which he/she is a member for the purpose of liability providing insurance to the board, even though the contract was begun prior to the alderman's election to the board. Violation: 25-4-105(2)(a); 25-4-105(2)(f).
88-86-E 1. Members of a city board of aldermen may be employed by a county school district, the city being located within the county which the school district serves.
2. The city's superintendent of public works may serve in the board of the consolidated school district.
88-91-E A city may not purchase automobiles from a dealership which employs an alderman on a commission basis. Violations: Section 109; 25-4-105(2)(f); 25-4-105(2)(a).
88-108-E Answered by 88-105-E, which is missing from materials. Concerns whether a school teacher for a public school may simultaneously serve as a member of the Board of Aldermen under a code charter form of government.
88-119-E A CPA firm of an alderman may contract with a Community Action Agency which receives funds from the city for other purposes, when the decision to contract with the CPA firm for the purpose of auditing is solely that of the community action agency and not that of the board of aldermen.
88-126-E A county administrator may serve on the board of a community action program. Caution: 25-4-101.
88-130-E The spouse of an alderman may not be employed by the city library on a part-time basis. Violation: Section 109.
88-132-E 1. A city's mayor and councilmen may not hold an interest in a contract authorized by the city. (Concerns a grant.) Violations: Section 109; 25-4-105(2)(f); 25-4-105(1).
2. City attorneys are prohibited from holding an interest in a contract authorized by the city (grant), as they are often called upon for advice in the grant application and the handling of the grant monies. Violation: 25-4-105(1).
88-135-E A city may contract with an auditing firm which employs the emancipated daughter of an alderman. Caution: 25-4-105(1).
88-144-E A selectman may simultaneously be employed by a county vocational complex. Caution: 25-4-105(1).
88-151-E A city may accept a low bid from an insurance agency owned by the emancipated son of an alderman. Caution: 25-4-105(1); 25-4-105(4).
88-187-E 1. A city may contract with a newspaper of which one of the councilmen is an uncompensated advisory board member.
2. A city may not contract with a newspaper of which one of the councilmen is an uncompensated member of the board of directors. Violations: Section 109; 25-4-105(2); 25-4-105(1).
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); 25-4-015(3)(b) exemption does not apply.
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.
87-09-E A public school teacher may become a candidate for public office, or to serve in an elected capacity.
87-12-E An employee of a Separate School District may serve as a member of the Board of Aldermen for the same city, provided...
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...
87-18-E An employee of a bank designated as city depository may not simultaneously serve on the board of Alderman. Violations: Section 109; Section 25-4-105(2)(f).
87-19-E A member of the Board of Aldermen of a city may simultaneously be employed by the county school district of the county in which the city is located.87-22-E A city may not authorize the enrollment of its employees in a 125 Plan issued by an alderman who is also the insurance agent, even though the employees would pay the premiums through payroll deductions. Violations: Section 109; 25-4-105(2)(f).
The alderman/agent would also violate 25-4-105(1) in this situation.
87-32-E The spouse of an Alderman may be employed by the city school system, as long as the funding of the school district is mandatory and in no part discretionary. Otherwise, a violation of Section 109 would occur. Reference: 87-16-E.
87-41-E 1. A member of a recreation commission may not receive compensation from the commission 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 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)(f) would occur.
87-54-E 1. A separate municipal school district may continue to have as its depository a bank of which one of the city's aldermen and the spouse of another a officers.
2. The town's appointment of three members to the school board would also not violate the Ethics Laws. Caution is urged regarding 25-4-105(1).
87-56-E The spouse of a member of the Legislature may be appointed to and serve as a member of the board of trustees of a municipal separate school district.
87-57-ER 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).
87-57-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)j.
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.
87-67-E An employee of a bank serving as the designated depository for a city may not simultaneously serve as a member of the city's board of Aldermen. Violations: Section 109; 25-4-105(2)(f). Reference: 87-18-E.
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 Commissioner of the YCPSC, provided the YCPSC has no authority to select its own depository. If this is not the ease, 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).
87-86-E The de minimis interest of two county supervisors in a bank which has submitted a bid to become the county's designated depository does not mean that a violation of Section 109 does not occur. It does mean, however, that the interest would likely escape the notice of the courts. Reference: Frazier.
87-91-E 1. An alderman may simultaneously serve as director of a county port commission, as the city provides no funding to the port commission.
2. An alderman may not simultaneously be employed by an agency which receives funding from the city for the purpose of agency salaries. Violations: Section 109; 25-4-105(2)(f).
3. An alderman may simultaneously serve an the advisory board for the bank which serves as the city's depository. Violation: Section 109.
4. An alderman may be employed by a county school district for the county in which the city is located, as they are two separate governmental agencies.
87-92-E The son of the law partner of the city attorney may serve as alderman for the city. Caution: 25-4-105(1).87-93-E The former employee of a board of supervisors, filling the unexpired term of a retired supervisor, may not return to the employ of the board of supervisors until one year has expired after the date of the former employee/interim supervisor's term. Violations: Section 109; 25-4-105(2)(f).
87-100-E Bankers whose banks serve as board depositories only serve on boards which are subservient to the board which makes the decisions selecting depositories. Otherwise, Violations: Section 109; 25-4 105(2)(f). Reference: 87-48-E.
87-107-E 1. A bank may not serve as depository for a city when the mayor and alderman- at-large for the city are members of the board of directors for the bank. Violations: Section 109; 25-4-105(2)(f).
2. A bank may not serve as depository for a city when the spouses of the mayor and alderman-at-large for the city are members of the board of directors for the bank. Violations: Section 109; 25-4-105(2)(f).