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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