020720 MSEO, ETH 19-059-E

Case DateFebruary 07, 2020
CourtMississippi
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...

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