ETH 20-031-E
Ethics Advisory Opinion No. 20-031-E
Mississippi Ethics Commission
Mississippi Ethics Opinion
August 7, 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 an officer of a company serve on a
statewide committee of a state agency if the company seeks
federal funding in the same field in which the committee
operates?
Brief
Answer: The company may participate in grant programs or
other contracts directly with the federal government or with
separate state agencies when the program and funds were not
authorized by the statewide committee, in compliance with
Section 109, Miss. Const. of 1890, and Section 25-4-105(2),
Miss. Code of 1972. The committee member must also comply
with the other restrictions codified in Section 25-4-105.
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
109, Miss. Const. of 1890.
No public officer or member of the legislature shall be
interested, directly or indirectly, in any contract with the
state, or any district, county, city, or town thereof,
authorized by any law passed or order made by any board of
which he may be or may have been a member, during the term
for which he shall have been chosen, or within one year after
the expiration of such term.
Section
25-4-103, Miss. Code of 1972.
(a)
“Authority” means any component unit of a
governmental entity.
(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 a holder of more
than ten percent (10%) of the fair market value or from which
he or his relative derives more than Two Thousand Five
Hundred Dollars ($2,500.00) in...
