MISSISSIPPI ETHICS COMMISSION
ADVISORY OPINIONS
MAYORS
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]
95-043-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]
95-050-E     A mayor my serve as an uncompensated member of a volunteer fire department. [5, 8, 1]
95-068-E     A member of a municipal historic preservation commission may not be reappointed when the architectural firm employing the member contracts with the municipality's governing authority because the member is in violation of 25-4-105(3)(a). [5,8]
95-093-E     The spouse of a mayor may be employed by the municipality's housing authority without violating Constitutional Section 109 and Code Section 25-4-105(2) as the housing authority is a separate governmental authority from the mayor and board of aldermen. [8, 25, A]
95-115-E     A member of a governing authority that established a joint municipal and county economic development authority:
1. may not after being contacted by an industrial prospect then contact the economic development authority to instruct its staff to make sure the industrial prospect locates on his property as to do so violates Section 25- 4-105(1) and (5). Also, potential Section 109 and Section 24-4-105(2) problems.
2. may not contact an industrial prospect directly concerning his property as a potential site when he learned of the industrial prospect by reason of his official position as to do so violates Section 25-4-105(5). Also, potential Section 109 and Section 24-4-105(2) problems.
3. may attend briefings by the economic development authority that concerns a potential site owned by the member. The member was cautioned regarding Section 25-4-105(1) and (5).
A board member of a joint municipal and county economic development authority:
4. may sell property to the municipality and/or county which will then donate it to an industrial prospect. The member was cautioned regarding Section 109 and Section 25-4-105(2).
The member was cautioned regarding Section 25-4-101 in relation to all four (4) of the above issues. [5, 6, 8, 9, 14, 19, K]
95-129-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]
95-154-E     A municipality may employ the daughter-in-law of the mayor if the mayor and the son and daughter-in-law are financially independent from the mayor and the mayor properly recuses himself.  [8, 31]

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.

94-015-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.

94-038-E     A mayor may simultaneously serve as the county administrator of the same county.
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.
94-059-E     A mayor of a city may lease his privately owned land located outside the city to a gaming corporation, provided the mayor recuses himself from any board deliberations concerning the gaming industry. 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]
95-129-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]
95-154-E     A municipality may employ the daughter-in-law of the mayor if the mayor and the son and daughter-in-law are financially independent from the mayor and the mayor properly recuses himself. [8, 31]

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.

94-015-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.
94-038-E     A mayor may simultaneously serve as the county administrator of the same county.
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.
94-059-E     A mayor of a city may lease his privately owned land located outside the city to a gaming corporation, provided the mayor recuses himself from any board deliberations concerning the gaming industry.
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.

94-093-E     1. A full-time county road foreman may not simultaneously serve as Mayor of a Town.

2. A full-time county road foreman may not simultaneously serve as Mayor of a Town, noting both positions are salaried.

3. A full-time county road foreman may not simultaneously serve as Mayor of a Town, noting that the county and town have a close working
relationship.

4. A full-time county road foreman may not simultaneously serve as Mayor of a Town, noting the county makes payments to the town or provides services to the town.

94-095-E     A Mayor of a city may receive a fee as a land developer as concerns private business located within his city.

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

94-144-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...

94-145-E     A retiring Mayor may accept an appointment as a member of the County Advisory Board for the County Human Resource Agency when the city he or she served as Mayor provided during his or her term a rent free building to the County Human Resource Agency for housing senior citizen programs.

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.
93-010-E     A city may not award a bid for city real property when the only bid submitted by a corporation owned by its mayor.
93-020-E     A member of a county Board of education may become an Alderman or Mayor of a city within the county.
93-028-E     An attorney who is retained council for a County School Board and also the County Prosecuting Attorney may serve as mayor of a city within the same county.

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

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

3. The three members of the 33-member board of directors of the partnership that were appointed by the governing authorities of the City may vote on the issue of the mayor's taking the position of Chief Executive Officer of the Partnership, provided...
93-056-E     A Mayor's spouse may serve as Alderman of the same city, provided.
93-100-E     A city may not contract with a bank which employs as an officer the spouse of its Mayor.
93-112-E     A part-time librarian of a private regional library system with contracts with the town may not simultaneously serve as mayor of the same town.
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...
93-126-E     A county hospital may not employ the spouse of a county Supervisor, but it may employ the emancipated son or daughter of a county Supervisor.
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.
93-139-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.
93-179-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...
93-192-E     A Mayor may substitute teach in the city school system, 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.
93-214-E     An Alderman may serve as a Street Commissioner and receive compensation in addition to that compensation as Alderman.
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...
92-033-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.
92-036-E     1. A board of aldermen may appoint an individual to the school board who is an employee or manager of a business from which the city purchases commodities, goods, wares, and/or supplies, but the company may no longer do business with any state or local governmental body.
2. if the above mentioned appointee is already serving, he/she may be reappointed by the board, following provisions of Smith.
3. if the business of the school board member continues to do business with the city, the school board member may be removed from office.
92-063-E     A person whose spouse is employed by a district human resources agency and whose sister is employed by a local bank, who becomes a mayor would have a prohibited interest under Section 109 and 25-4-105(2) due to the employment of his wife.
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.
92-128-E     A city may contract with a newspaper owned by its mayor, only when the exemption of 25-4-103(a) applies.
92-139-E     An attorney whose term as mayor expired in July, 1989:
1. may represent and be compensated by a any person who contracts with or otherwise does business with the city, its subgrantees, its lessees or others who have interests in or with HUD assisted projects.
2. may represent and be compensated by governmental agencies, any private person who obtained a contract or a property interest in a HUD assisted project during his term as mayor.
3. may have a personal investment or as part of a legal fee now obtained a contractual interest or a property interest related to a project that was assisted by HUD grants during the term of the former mayor.
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).
92-208-E     A justice court clerk may simultaneously serve as a city mayor.
92-230-E     A mayor of a city/owner of a sporting goods store may not sell goods or services to the city recreation department or to the city school system. Violations: Section 109; 25-4-105(2); 25-4-105(3)(a).
91-100-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).
90-042-E     A city may lease a city building to the emancipated son-in-law of its mayor.
90-067-E     A regional housing authority may purchase land from a corporation in a city where the mayor is also a stockholder in the corporation.
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: 25-4-105(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).
90-094-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.
90-108-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.
90-121-E     A city school district may select as its retained legal counsel a former mayor, who while mayor more than one year previous, recommended the appointment of four of the current members of the school 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).
89-21-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.
89-61-E     The spouse of a Municipal Judge may be elected to and serve as Mayor of the city employing the Judge. Caution: Reappointment of the Judge necessitates recusal by the mayor.
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).
89-70-E     A Mayor may loan money to persons incarcerated in the city jail, the money so loaned to used as bail.
89-71-E     A mayor may not be employed as a salesman for a car dealership which sells automobile parts to the police department of the city. Violations: 25-4-105(3)(a); 25-4-105(1) and (5).
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.
89-83-E     A member of the board of trustees of a county hospital may simultaneously serve as mayor of a city which contributes approximately $500 monthly to the county hospital for county-wide ambulance service.
89-89-E     The spouse of a mayor in a council-manager form of government may not be employed by the city. Violations: Section 109; 25-4-105(2).
89-107-E     A city may purchase from a hardware store owned by the mayor's sister.
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.

89-130-E     A city may not purchase from a vendor in which the mayor has a material financial interest. Violations: 25-4-105(3)(a); Section 109; 25-4-105(2).
89-132-E     A city may publish legal notices in a newspaper owned by the mayor of the same city, if there are no other sources available. Otherwise, violation: 25-4-105(3)(a). Reference: 88-78-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.
89-165-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); 25-4-105(3)(a); 25-4-105(3)(e).
3. A leave of absence for the Executive Directorship of the HRH will not remove the violation.
4. A mayor may not be a paid consultant or contract his services to HRH. Violations: 25-4-105(3)(a).

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.

88-118-E     A city may not enter into contracts with any entity in which the city's mayor holds an interest.

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).
88-174-E     A mayor may not accept any benefit from the executive real estate listing as concerns the sale of land affected by a resolution of the city board and subsequent contract by the Board of Aldermen/City. Violation 25-4-105(1).
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).
87-108-E     A board of aldermen may select as a depository a bank which employs the emancipated daughter of a former mayor.