May a law enforcement officer's spouse, who is a bail bonding agent, write bail bonds for the release of defendants confined in the jail of the law enforcement officer's municipality and in the jails of other law enforcement entities within the county?State law restricts the Mississippi Ethics Commission 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, this opinion does not address the Mississippi laws outside the Commission's jurisdiction nor the governmental entities' internal rules and regulations.The pertinent conflict of interest laws to be considered here are:Code Section 25-4-103(e), (f)(i)(ii), (g)(i)(ii)(iii)(iv)(v), (h), (k)(i)(ii)(iii)(iv), (1), (p)(i)(ii)(iii) 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.(g) 'Governmental' means the state and all political entities thereof; both collectively and separately, including but not limited to:(i) Counties;(ii) Municipalities;(iii) All school districts;(iv) All courts; and(v) Any department, agency, board, commission, institution, instrumentality, or legislative or administrative body of the state, counties or municipalities created by statute, ordinance or executive order including all units that expend public funds.(h) 'Governmental entity' means the state, a county, a municipality or any other separate political subdivision authorized by law to exercise a part of the sovereign power of the state.(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 ten percent (10%) 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 as an employee of a relative if neither the public servant or relative is an officer, director or partner in the business and any ownership interest would not be deemed material pursuant to subparagraph (i) or (ii) herein; or(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.(1) 'Pecuniary benefit' means benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. Expenses associated with social occasions afforded public servants shall not be deemed a pecuniary benefit.(p) 'Public servant' means:(i) Any elected or appointed official of the government;(ii) Any officer, director, commissioner, supervisor, chief; head, agent or employee of the government or any agency thereof; or of any public entity created by or under the laws of the State of Mississippi or created by an agency or governmental entity thereof; any of which is funded by public finds or which expends, authorizes or recommends the use of public finds; or(iii) Any individual who receives a salary, per diem or expenses paid in whole or in part out of finds authorized to be expended by the government.(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.Pertinent facts and circumstances provided by the requestor, absent identifying data, are set forth as follows and considered a part of this opinion.(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."I am representing a client who is a police officer whose wife is interested in becoming
a Bonding Agent in the City and County in which he resides. Please advise me as to
whether or not this is a permissible relationship since his wife would be bonding
people out who are arrested by my friend's colleagues and other law enforcement
agencies in the county in which he is also a police officer.The Commission formally adopts Advisory Opinions No. 95-144-E, No. 94-126-E and No. 89-91-E in response to this request and by attachment incorporates them into this opinion.
Based solely on the facts and circumstances presented by the requestor, the Commission's opinion is as follows.
Subject to the restrictions and prohibitions set forth in the state's conflict of interest laws which are discussed in the attached advisory opinions, a law enforcement officer's spouse may be a bail bonding agent and write bail bonds for defendants confined in the jail of the law enforcement officer's municipality and in the jails of other law enforcement entities within the county.
Ronald F. Crowe Executive Director