ETH 18-050-E
Advisory Opinion No. 18-050-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 a member of a municipal utility board
appointed by the board of aldermen donate real property to
the city?
Brief
Answer: Yes. If the utility board member receives no payment
or other consideration from the city, then no violation of
Section 109, Miss. Const. of 1890, or Section 25-4-105(2),
Miss. Code of 1972, should occur. The board member’s
recusal from any matter coming before the utility board
concerning the donation should prevent a violation of Section
25-4-105(1).
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...
