020720 MSEO, ETH 20-005-E

• Case Date: February 07, 2020
• Court: Mississippi

ETH 20-005-E Ethics Advisory Opinion No. 20-005-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 a city engineer retire from public employment and work for businesses which do business with the city?          Brief Answer: A former public servant may not work for a business in relation to any matter in which he or she was personally or directly involved while employed by the government, as proscribed in Section 25-4-105(3)(e), Miss. Code of 1972. Section 109, Miss. Const. of 1890, and Section 25-4-105(2), Miss. Code of 1972, may also apply to the city engineer’s service on various governmental boards and commissions.          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.          (c) “Business” means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, holding company, self-employed individual, joint stock company, receivership, trust or other legal entity or undertaking organized for economic gain, a nonprofit corporation or other such entity, association or organization receiving public funds.          (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) “Government” 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.          (m) “Person” means any individual, firm, business, corporation, association, partnership, union or other legal entity, and where appropriate a governmental entity.          (o) “Public funds” means money belonging to the government.          (p) “Public...