ETH 19-059-E
Ethics Advisory Opinion No. 19-059-E
Mississippi Ethics Commission
Mississippi Ethics Opinion
February 7, 2020
Tom
Hood Executive Director and Chief Counsel
Ben H.
Stone, Chairman Gulfport
Paul V.
Breazeale, Vice Chairman Jackson
Dana S.
Stringer, Secretary Brandon
Sean A.
Milner Clinton
Ron
Crowe Brandon
Stephen
W. Burrow Pascagoula
Bobby
Waites Brandon
Spencer
M. Ritchie Jackson
Question
Presented: May the spouse of a newly elected school
board member remain employed by the school district until the
end of the current academic year?
Brief
Answer: The only way to ensure no violation will occur
is for the spouse to resign from the school district before
the new board member takes office. Although inadvisable, the
spouse may continue employment for the remainder of the
current academic year only if the school board takes no
future action to authorize the employment. Under no
circumstances may the spouse continue employment with the
school district after the conclusion of the current academic
year, pursuant to Section 109, Miss. Const. of 1890, and
Section 25-4-105(2), Miss. Code of 1972.
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...