C:\PROGRA~1\TEXTBR~1\TIFFS\MEC\OUT57.HTM

MISSISSIPPI ETHICS COMMISSION ADVISORY OPINIONS CITY EMPLOYEES

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]

95-009-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]

95-010-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]

95-020-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]

95-034-E The executive director of a new 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]

95-043-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]

95-079-E One attorney may not simultaneous serve as municipal board attorney and as municipal judge for the same municipality as such duel service violates 25-4-105(3)(a). [1, 7, 28]

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 25-4-105(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]

95-099-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]

95-112-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]

95-144-E The spouse of a municipal law enforcement officer can write bail bonds in the officer's municipality as a bail bond agent for a company the spouse it not a owner or officer. The spouse can not write bail bonds in the officer's municipality if the officer or the spouse own the bail bond company. [3, 7, A]

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 25-4-105(3)(a).

2. A for-profit partnership controlled by a general partner that is a corporation whose chief executive officer is the executive director of a municipal housing authority may receive a loan from a public body corporation to fund a multi-family housing facility in the municipality that the corporation's chief executive officer is employed by as the executive director of a municipal housing authority but should be cautious if the for-profit partnership has a loan from the municipality and the chief executive officer has a material financial interest in the corporation(s) and/or the for-profit partnership as this results in a violation of Code Section 25-4-105(3)(a).

Also, cautioned regarding Constitutional Section 109 and Code Section 25-4-105(1), (2) and (5). [5, 7, 22, 25, B, I]

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]

94-001-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.
94-012-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.
94-024-E     A councilman may not be hired 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.

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

94-041-E A town's police chief may contract with casinos outside the corporate limits of the town to provide to the casinos services such as fingerprinting, photo IDs, drug training, and fitness training.

94-052-E A City Clerk and Finance Director may become a part-time employee of the city school system during off hours.

94-053-E A town may simultaneously employee one spouse as its city clerk and the other spouse as Water Department Superintendent.

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

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.

94-124-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.
94-143-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.
94-150-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.

94-155-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.
93-022-E     A city Councilman may simultaneously be an employee of a state commission.
93-036-E     An emancipated son of the Chief Detective of a city may become an alderman of the same city.

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

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.

93-129-E A daughter (who lives with her parents) of a board member of a library system may not become an employee of the library.

93-133-E     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.
93-196-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...
93-204-E     A city employee having computer related responsibilities may form a private consulting firm which would contract with other governmental entities, provided..

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...

93-227-E An off-duty police detective may be employed as a Deputy Coroner, provided...

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.

92-106-E A town may not lease property from its police chief Violation: 25-4-l05(3)(a).

92-111-E A person elected alderman, whose spouse is a sergeant on the city's police department, will violate Section 109 and 254-105(2) when the city's annual budget is adopted.

92-126-E A circuit clerk may hire the son of a supervisor in a position which does not involve any authorization or discretion on the part of the board of supervisors.

92-210-E A city parks and recreation manager may simultaneously be a county supervisor.

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.

92-236-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).

91-008-E A municipal police officer may simultaneously become a candidate for county constable and if elected serve in both positions. Caution: 25-4-105(1).

91-10-E A city clerk may serve on a county Democratic executive committee. 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.

91-024-E Concerns alderman and non-profit entity. Not enough info to issue opinion.

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).

91-088-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 9 the same city, and remain on the DPS eligibility list.

91-105-E A member of a municipal school district may not become employed by a vocational center created and operated by the municipal and county school district. Violations: 25-4-105(2); Section 109.

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.

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).

90-052-E 1. A city may contract a portion of the city's work to a Legislator/attorney who practices in the same city where his father is a councilman and his law associate is the city attorney.

2. The Legislator/attorney may serve as Assistant City Attorney.

3. The Legislator/attorney may serve as Acting City Attorney, City Prosecutor, or City Judge.

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).

90-059-E An alderman may become a school teacher in the city' separate school district.

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: 25-4-105(3)(a).

90-065-E A city may employ the emancipated son of an alderman.

90-070-F 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: 25-4-105(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 policeman for the same city.

90-085-E A part-time police officer of a town may write bail bonds returnable to entities other than his 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).

90-096-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).

90-104-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).

90-127-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).

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.

89-20-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 through 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.

89-38-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).

89-41-E A city building inspector may perform engineering services required by a grant to the city if he is so qualified, but he must do so in his capacity as a city employee without receiving additional compensation for same through the city. Otherwise, violation: 25-4-105(3)(a).

89-59-E     A city attorney/Legislator may participate in and negotiate an attorney's fee relative to the refunding of a bond issue by the city as authorized by enacted legislation.
89-69-E     An attorney whose law partner is mayor may not serve as city prosecutor for the same city. Violation: 25-4-105(3)(a).
89-78-E     An alderman, during an ice storm subsequently proclaimed a statewide 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).

89-87-E If a city, through its city engineering department, motivates and in effect requires a private corporation to pre-treat its corporate waste, an Assistant City Engineer participating in research relevant thereto is cautioned against selling to the corporation a $450,000 mechanism or process developed by him to bring the waste to acceptable purity. Violations: 25-4-101; 25-4-105(5); 25-4-105(1).

89-99-E The private law firm of a city judge may not be retained as bond council for the same city. Violation: 25-4-105(3)(a).

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.

89-123-E A part-time county prosecuting attorney may simultaneously serve as a part-time criminal appeals prosecuting attorney for a municipal court in a municipality located within the county.

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 cc-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.

89-177-E A town may purchase a computer from a CPA who also provides other financial related services to the town.

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).

88-40-E A town may not contract with a restaurant for the reimbursement for the provision of meals to a volunteer fire department when the restaurant is owned by the town clerk. Violation: 25-4-105(2)(a).

88-47-E 1. The bonding company of a city clerk may not write bail bonds to city in which the clerk serves. Violation: 25-4-105(2)(a).

2. The bonding company of a city clerk may write bail bonds to county in which the city the clerk serves is located.

88-50-E A city engineer may simultaneously serve on the city's school board, as the school board has no control or funding authority over the city for which the engineer works.

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.

88-81-E The wife or other "relative" of a city police officer may not issue a bail bond with the city court. Violations: 25-4-105(2)(a).; 25-4-105(1); 25-4-105(4).

88-110-E 1. A member of a school board's board of trustees may simultaneously serve as an assistant administrator of a community hospital.

2. A trustee's participation in real estate matters which are taken up by the board should be evaluated on a case by case basis. Trustee should recuse him/herself from all such deliberations.

88-121-E The president of a city council may serve as one of 45 members of the board of directors and one of 10 members of the executive committee of an economic development foundation (EDF) which receives city funds, as declared by the by laws of the EDF.

88-130-E The spouse of an alderman may not be employed by the city library on a part-time basis. Violation: Section 109.

88-131-E A Legislator may simultaneously be employed by a city utility department. The Legislature does not appropriate funds to the city, and the Legislator did not use his/her official position to obtain the employment.

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-l05 (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).

88-149-E An employee of a public board may not simultaneously be a contractor with the board which employs him. The employee also may not attempt to influence the board for his personal gain. Violations: 25-4-105(2)(a); 25-4-105(2)(d); 25-4-105(2)(e); 25-4-105(4).

88-160-E The dean of Jackson State University may simultaneously serve as President of Jackson City Council.

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)~) 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; 25-4-1 05(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 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).

87-86-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 tow 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).