020218 MSEO, ETH 18-003-E

Case DateFebruary 02, 2018
CourtMississippi
ETH 18-003-E
Advisory Opinion No. 18-003-E
Mississippi Ethics Opinion
Mississippi Ethics Commission
February 2, 2018
         Tom Hood Executive Director and Chief Counsel          Ben H. Stone, Chairman Gulfport          Paul V. Breazeale, Vice Chairman Jackson          Dana S. Stringer, Secretary Brandon          Brenda T. Redfern Richland          Sean A. Milner Clinton          Ron Crowe Brandon          Derek R. Arrington Hattiesburg          Donnell Berry Jackson          Question Presented: May a county supervisor be employed by a waterway district?          Brief Answer: Yes. While the county does provide funding for the waterway district, that funding is mandated by law and is not discretionary. Therefore, a county supervisor is not prohibited by Section 109, Miss. Const. of 1890, or Section 25-4-105(2), Miss. Code of 1972, from being employed by the waterway district, as long as the board of supervisors does not provide any additional, discretionary funding to the district.          The Mississippi Ethics Commission issued this opinion on the date shown above in accordance with Section 25-4-17(i), Mississippi Code of 1972, as reflected upon its minutes of even date. The Commission is empowered to interpret and opine only upon Article IV, Section 109, Mississippi Constitution of 1890, and Article 3, Chapter 4, Title 25, Mississippi Code of 1972. This opinion does not interpret or offer protection from liability for any other laws, rules or regulations. The Commission based this opinion solely on the facts and circumstances provided by the requestor as restated herein. The protection from liability provided under Section 25-4-17(i) is limited to the individual who requested this opinion and to the accuracy and completeness of these facts.          I. LAW          The pertinent Ethics in Government Laws to be considered here are as follows:          Section 109, Miss. Const. of 1890.
No public officer or member of the legislature shall be interested, directly or
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