ETH 19-047-E
Ethics Advisory Opinion No. 19-047-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 bank serve as county depository when
the spouse of a county supervisor is an officer of the bank
and of the bank holding company?
Brief
Answer: Yes. If the county utilizes the procedure in
Section 27-105-305, Miss. Code of 1972, the depository
contract will not be authorized by the board of supervisors,
and no violation of Section 109, Miss. Const. of 1890, or
Section 25-4-105(2), Miss. Code of 1972, should occur.
Nevertheless, the supervisor must recuse himself or herself
from any board action which would benefit the bank, in
compliance with Section 25-4-105(1), Miss. Code of 1972.
Additionally, the exclusion provided in Section
25-4-103(k)(iv) will apply under these facts to prevent a
violation of Section 25-4-105(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
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