020521 MSEO, ETH 21-001-E

• Case Date: February 05, 2021
• Court: Mississippi

ETH 21-001-E Ethics Advisory Opinion No. 21-001-E Mississippi Ethics Commission Mississippi Ethics Opinion February 5, 2021          Tom Hood Executive Director and Chief Counsel          Ben H. Stone, Chairman Gulfport          Dana S. Stringer, Vice-Chair Brandon          Sean A. Milner, Secretary Clinton          Ron Crowe Brandon          Stephen W. Burrow Pascagoula          Bobby Waites Brandon          Spencer M. Ritchie Jackson          Maxwell J. Luter Tylertown          Question Presented: May an employee of a bank serve on a state board which may make program awards to a client of the bank?          Brief Answer: Yes. Under these particular facts, the bank employee does not have a prohibited interest in awards from the state board to the client as defined in Section 109, Miss. Constitution of 1890, or Section 25-4-105(2), Miss. Code of 1972. However, the board member must recuse from awards made to the client, in compliance with Section 25-4-105(1).          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 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.

         Section 25-4-103, Miss. Code of 1972.

(d) “Business with which he is associated” means any business of which a public servant or his relative is an officer, director, owner, partner, employee or is a holder of more than ten percent (10%) of the fair market value or from which he or

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