This Advisory Opinion concerns the following issue as formulated from facts and/or circumstances furnished by a requestor. The opinion is based solely on the facts and circumstances as stated below and was approved by the Commission on May 5, 1995.

Are the Mississippi Ethics in Government laws violated should a member of a municipal council vote on a contract in which:

1. The council member's son, who does not live with the member/father, has a one- third ownership interest in the company awarded the contract; and

2. The principal owner of the company that received the contract also lives in property owned by the council member?

         Your opinion request to the Office of the Attorney General dated April 4, 1995, was referred by that Office to the Mississippi Ethics Commission on April 6, 1995, as the issue presented concerns the Mississippi conflict of interest laws.

         The Mississippi Ethics Commission is restricted to interpreting and issuing opinions on Sections 25-4-101 through 25-4-119, 1972 Mississippi Code Annotated and Article IV, Section 109, Mississippi Constitution of 1890. Therefore, Mississippi laws outside the jurisdiction of the Commission and internal rules and regulations of the local governmental entity are not addressed by this opinion.

         Pertinent facts and circumstances provided by the requestor, absent identifying data, are set forth as follows and considered a part of this opinion.

As President of a City Council, I am always concerned about the conduct of fellow elected officials, with all of the negative information that the public hears, credibility becomes a serious issue.

I am writing to seek your opinion on a specific situation that has occurred on the City Council. One of my colleagues has voted on a contract in which his son, who does not live with him, had a one third ownership in the company awarded the contract. Have any laws or standards of ethics been violated by this elected official?

         In addition, the principal owner of the company that received the contract also lives in property owned by the Council member. What are the standards that would apply to an individual who lives in property owned by the elected official who recommends a contract be awarded to his tenant?

The pertinent conflict of interest laws to be considered here are:

Constitutional Section 109 states:

"No public officer or member of the legislature shall be interested, directly or indirectly, in any contract with the state, or any district, county, city, or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member, during the term for which he shall have been chosen, or within one year after the expiration of such term."

Code Section 25-4-103(q) states:

"(q) 'Relative' means the spouse, child or parent."

Code Section 25-4-105(2) states:

"(2) No public servant shall be interested, directly or indirectly, during the term for which he shall have been chosen, or within one (1) year after the expiration of such term, in any contract with the state, or any district, county, city or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member."

         Issue 1. The Commission formally adopts Advisory Opinion No. 93-120-E in response to this request relating to Issue 1 and by attachment incorporates it into this opinion.

         Based solely on the facts and circumstances presented by the requestor, the Commission's opinion is the council member/parent has no interest in the son's contract as prohibited by the above cited Constitutional Section 109 and Code Section 25-4-105(2). This finding is based on the understanding that the son is totally financially independent from the council member/ parent and the council member/parent has no financial interest in the business.
 
         Issue 2. The Commission formally adopts Advisory Opinion No. 94-130-E in response to this request relating to Issue 2 and by attachment incorporates it into this opinion.

         Based solely on the facts and circumstances presented by the requestor, the Commission's opinion is that the council member's renting of residential property to a contractor with the municipality is not in and of itself prohibited by the above cited Constitutional Section 109 and Code Section 25-4-105(2).

         As set forth in the attached advisory opinion, Constitutional Section 109 and Code Section 25-4-105(2) preclude the council member from contracting with those contracting with the municipality where his or her contract is a subcontract to the municipality's contract or if materials sold, or as in this case the real property leased, are reasonably expected to become a part of any contract with the municipality.

         Those conflict of interest laws requiring a full and complete analysis of the facts and circumstances relating to a public servant's conduct before determining whether a prohibited act would occur are not addressed in this opinion. They are not being discussed because the request clearly indicates past action. The advisory opinion process is not the appropriate process to address past action where an analysis of the facts and circumstances is necessary in determining the application of the conflict of interest laws.
 

Ronald E. Crowe Executive Director