030521 MSEO, ETH 21-004-E

Case DateMarch 05, 2021
CourtMississippi
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...

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