100518 MSEO, ETH 18-035-E

• Case Date: October 05, 2018
• Court: Mississippi

ETH 18-035-E Advisory Opinion No. 18-035-E Mississippi Ethics Opinions Mississippi Ethics Commission October 5, 2018          Tom Hood Executive Director and Chief Counsel          Ben H. Stone, Chairman Gulfport          Paul V. Breazeale, Vice Chairman Jackson          Dana S. Stringer, Secretary Brandon          Brenda T. Redfern Richland          Sean A. Milner Clinton          Ron Crowe Brandon          Derek R. Arrington Hattiesburg          Donnell Berry Jackson          Question Presented: May an employee of an engineering firm be appointed to the city planning commission when the engineering firm has existing contracts with the city?          Brief Answer: The individual can serve on the planning commission only if the firm relinquishes any current or future contracts which do not comply with Section 25-4-105(4)(b), 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 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 25-4-101, Miss. Code of 1972.

The legislature declares that elective and public office and employment is a public trust and any effort to realize personal gain through official conduct, other than as provided by law, or as a natural consequence of the employment or position, is a violation of that trust. Therefore, public servants shall endeavor to pursue a course of conduct which will not raise suspicion among the public that they are likely to be engaged in acts that are in violation of this trust and which will not reflect unfavorably upon the state and local governments.

         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 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

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