110119 MSEO, ETH 19-050-E

Case DateNovember 01, 2019
CourtMississippi
ETH 19-050-E
Ethics Advisory Opinion No. 19-050-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 legislator accept payments from the State Forestry Commission under the Forest Resource Development Program?          Brief Answer: No. The payments and the landowner’s obligations under the program would constitute a contract between the legislator and a state agency. The contract would be authorized by the Legislature in the annual appropriation bill for the State Forestry Commission, and a violation of Section 109, Miss. Const. of 1890, and Section 25-4-105(2), Miss. Code of 1972, would result.          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,
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