030521 MSEO, ETH 21-003-E

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

ETH 21-003-E Ethics Advisory Opinion No. 21-003-E Mississippi Ethics Commission Mississippi Ethics Opinion March 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 a majority of the municipal governing authority vote on school board appointments when their recusal would result in the loss of a quorum?          Brief Answer: Yes. The public policy codified in Section 25-4-101, Miss. Code of 1972, must be balanced against the greater public interest of filling vacancies on the school board. When recusal by all affected members would result in the loss of a quorum and render the council unable to act, the mayor and all council members may participate in appointments to the school board to serve the greater public interest.          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 25-4-101, Miss. Code of 1972.

The legislature declares that elective and public office and

...