ETH 20-026-E
Ethics Advisory Opinion No. 20-026-E
Mississippi Ethics Commission
Mississippi Ethics Opinion
July 10, 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 child of a county tax
assessor/collector be employed by a business which is a
contractor to the tax assessor/collector’s office?
Brief
Answer: Yes, but the tax assessor/collector may not use
his or her position to obtain or attempt to obtain any
monetary benefit for the employer, as prohibited in 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...