110119 MSEO, ETH 19-045-E

• Case Date: November 01, 2019
• Court: Mississippi

ETH 19-045-E Ethics Advisory Opinion No. 19-045-E Mississippi Ethics Commission Mississippi Ethics Opinion November 1, 2019          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 physician employed by a county-owned community hospital serve as mayor of a municipality when the hospital and the municipality both participate in the same managed care health program?          Brief Answer: Yes. The physician, who is paid only by the hospital and not by the managed care entity, is a public servant of the county, and no violation of Section 25-4-105(3)(a), Miss. Code of 1972, will result. The physician does not have a prohibited interest in the managed care agreement in which the city participates, and that contract will not result in a violation of Section 109, Miss. Const. of 1890, or Section 25-4-105(2). Although the community hospital is not a business, the physician, if elected mayor, should recuse himself from any action by the city which results in a monetary benefit to the hospital or the managed care entity to avoid a violation of Section 25-4-105(3)(d) and to fully comply with Section 25-4-101.          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.          (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.          (e) “Compensation” means money or thing of value received, or to be received, from any person for services rendered.          (f) “Contract” means:

(i) Any agreement to which the government is a party; or

(ii) Any agreement on behalf of the government which involves the payment of public

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