1996 INDEX
GRANTS
 
 
96-004-E     lA. 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).
lB. 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). Also, See Advisory Opinion No. 95-153-E.
2. A for-profit partnership controlled by a corporation solely owned by a county supervisor may receive a loan from a public body corporation to fund a multi-family housing facility in a municipality located in the supervisor's county as long as the county is not authorizing the transactions.
Also, See Advisory Opinion No. 95-152-E.
3. 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.
Also, See Advisory Opinion No. 95-151-E.
4. The executive director of the housing authority, on behalf of the corporation, may serve as the manage of the multi-family housing facilities in the above Issues. Cautioned regarding Code Section 25-4-105(1) in Issue 1 if the housing authority provides rent subsidies to the occupants. [5, 7, 9, 14, 22, 25, B, I]
96-037-E     A state commission:
1. may not award contracts or grants to organizations or companies that its formal board members are employees, officers or owners of as it violates Constitutional Section 109 and §25-4-105(2).
2. may advocate legislation that would equally affect, both theoretically and practically, everyone within its formal board members' industry.
The state commission's standing committees' members are not public servants under the conflict of interest laws when they have no legal standing, their service is strictly voluntary and they only serve in an advisory capacity. [22, B]
96-083-E     1. A legislator's engineering firm's contract with a county through a joint venture is not prohibited if the state funds granted to the contract were appropriated by the Legislature prior to the beginning of the legislator's term.
2. A legislator does have a prohibited interest, under Constitutional Section 109 and §25-4-105(2), in any of his engineering firm's existing contracts should any state funds granted to those projects be appropriated or reappropriated by the Legislature during the legislator's term, or within one year after the expiration of his term. [9, 22, B, F]
96-102-E     §25-4-105(1) and (5) prohibits a university employee who is the principal investigator on a research project from using his public position or using non-public information gained through his public position to assist his spouse's employment as the research associate for the research project. Cautioned regarding §25-4-101. [22, A, G]
96-103-E     Constitutional Section 109 and §25-4-105(2) prohibit a state legislator from personally benefiting from a student loan or grant if the associated funds were authorized for expenditure or if there was a law passed authorizing the program by the Legislature during the member's term or for one year thereafter. [22, F, G]
96-113-E     Constitutional Section 109 and §25-4-105(2) prohibit an alderman from receiving funds from a grant as the grant's final approval will be authorized by the governmental board of which the alderman is a member. [6, 22]
96-124-E     The conflict of interest laws would not as such prohibit a legislator, individually or as a partner, from participating in the Mississippi Small Business Assistance Program when the authorizing legislation, including the bonding authority, was passed by the Legislature prior to the legislator taking office. Cautioned regarding Constitutional Section 109, §25-4-105(1) and (2), and §25-4-101. [4, 22, F]