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]
96-072-E
A university employee may serve on a state commission which is awarding
grants to a research facility that is provided administrative services
by the university. Cautioned regarding Constitutional Section 109, §25-4-105(2)
and (5) and §25-4-101. [22, B, G]
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]