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 the spouse or other immediate family member of a law enforcement, judicial official or an attorney receive a bail agent's license?

         Your opinion request to the Office of the Attorney General dated April 5, 1995, was referred by that Office to the Mississippi Ethics Commission on April 6, 1995, as your request involved a certain issue that concerns the Mississippi conflict of interest laws. The Office of the Attorney General will be responding to the other issues presented in your request.

         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 Combination and internal rules and regulations of the state 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 part of this opinion.

The Department has also received inquiries as to whether or not a spouse or immediate family member of a law enforcement or judicial official or attorney could receive a bail agent's license since the official and/or the attorney would be prohibited from receiving a license.

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

Code Section 25-4-103(e), (f)(i)(ii), (k)(i)(ii)(iii)(iv) and (q) states:

"(e) 'Compensation' mean money or thing of value received, or to be received, from any person for services rendered.

(f) 'Contract' means:

(i) Any agreement to which the government is a party; or

(ii) Any agreement on behalf of the government which involves the payment of public funds.

(k) 'Material financial interest' means a personal and pecuniary interest, direct or indirect, accruing to a public servant or spouse, either individually or in combination with each other. Notwithstanding the foregoing, the following shall not be deemed to be a material financial interest with respect to a business with which a public servant may be associated:

(i) Ownership of any interest of less than two percent (2%) in a business where the aggregate annual net income to the public servant therefrom is less than One Thousand Dollars ($1,000.00);

(ii) Ownership of any interest of less than two percent (2%) in a business where the aggregate annual net income to the public servant therefrom is less than Five Thousand Dollars ($5,000.00);

(iii) The income of the spouse of a public servant when such spouse is a contractor, subcontractor or vendor with the government entity that employs the public servant and the public servant exercises no control, direct or indirect, over the contract between the spouse and such governmental entity.

(iv) The income of the spouse of a public servant when such spouse is a contractor, subcontractor or vendor with the governmental entity that employs the public servant and the public servant exercises no control, direct or indirect, over the contract between the spouse and such governmental entity

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

Code Section 25-4-105(1) and (3)(a)(d) states:

"(1) No public servant shall use his official position to obtain pecuniary benefit for himself other than that compensation provided for by law, or to obtain pecuniary benefit for any relative or any business with which he is associated.

(3) No public servant shall:

(a) Be a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent, other than in his contract of employment, or have a material financial interest in any business, which is a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent.

(d) Perform any service for any compensation during his term of office or employment by which he attempts to influence a decision of the authority of the governmental entity of which he is a member."

         The Commission formally adopts Advisory Opinions No. 94-126-E and No. 90-020-E and by attachment incorporates them into this opinion.

         Based solely on the facts and circumstances presented by the requestor, the Commission's opinion is the conflict of interest laws do not prohibit the issuance of a bail agent's license to the spouse or other immediate family member of a law enforcement or judicial official or an attorney.

         Notwithstanding the above, there will be circumstances where the spouse, parent or child of a law enforcement or judicial official or an attorney will be prohibited by the conflict of interest laws from serving as a bail agent for a public servant/relative's governmental entity. These circumstances are limited to the spouse, parent or child of the public servant as they are the only kinships included in the definition of 'relative" set forth in the Ethics in Government laws.

         The attached opinions should provide assistance in determining the type circumstances that are prohibited by the conflict of interest laws. However, the requestor is advised that the legal principal of anything possessed by one spouse inures to the benefit of the other spouse does not hold true for the relationships of parent to child or child to parent where the child and parent are financially independent of each other.
 

Ronald E. Crowe Executive Director