ETH 20-029-E
Ethics Advisory Opinion No. 20-029-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 a former state employee work for a
business in relation to a contract with a state agency when
he or she had no direct or personal involvement with the
procurement or administration of the contract while employed
by the state agency?
Brief
Answer: Yes. If the state employee continues to have no
personal or direct involvement in the procurement process for
the future contract, then he or she may leave state
employment, work for the business on the future contract, and
no violation of Section 25-4-105(3)(e), Miss. Code of 1972,
will occur.
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.
(c)
“Business” means any corporation...
