090420 MSEO, ETH 20-036-E

Case DateSeptember 04, 2020
CourtMississippi
ETH 20-036-E
Ethics Advisory Opinion No. 20-036-E
Mississippi Ethics Commission
Mississippi Ethics Opinion
September 4, 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 convention and visitors bureau contract or subcontract with an individual who is a client of a CVB commissioner when the contract will have no direct or indirect relationship to the commissioner’s representation of the client?          Brief Answer: Yes. Based upon the method of compensation paid to the commissioner by the client, the commissioner will have no direct or indirect interest in the proposed subcontract involving the CVB and the client, and no violation of Section 109, Miss. Const. of 1890, or Section 25-4-105(2), Miss. Code of 1972, will occur. Moreover, the commissioner does not have a material financial interest in the client, and the commissioner will recuse from any action which would benefit the client, preventing any violation of Section 25-4-105(1) or (3)(a).          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.          (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 annual income or over which such public servant or his relative exercises control.          (f) “Contract” means:
(i) Any agreement to which the government is a party; or
(ii) Any agreement on behalf of the
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