ETH 21-004-E
Ethics Advisory Opinion No. 21-004-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 two aldermen who are associated with a
local nonprofit entity participate in action by the board of
aldermen which will result in a pecuniary benefit to the
entity?
Brief
Answer: No. The nonprofit entity is a “business
with which [the two aldermen are] associated,” and they
must fully recuse themselves from the board action to comply
with Section 25-4-105(1), 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 Government Laws to be considered here are
as follows:
Section
25-4-103, Miss. Code of 1972.
(b)
“Benefit” means any gain or advantage to the
beneficiary, including any gain or advantage to a third
person pursuant to the desire or consent of the beneficiary.
(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.
(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...