ETH 20-046-E
Ethics Advisory Opinion No. 20-046-E
Mississippi Ethics Commission
Mississippi Ethics Opinion
November 6, 2020
Tom
Hood Executive Director and Chief Counsel
Ben H.
Stone, Chairman Gulfport
Paul V.
Breazeale, Vice Chairman Jackson
Dana S.
Stringer, Secretary Brandon
Sean A.
Milner Clinton
Ron
Crowe Brandon
Stephen
W. Burrow Pascagoula
Bobby
Waites Brandon
Spencer
M. Ritchie Jackson
Question
Presented: May the executive director of a nonprofit
corporation which is a subcontractor to a state board serve
as a member of that board?
Brief
Answer: No. Pursuant to Section 25-4-105(3)(a), Miss.
Code of 1972, no public servant of the state can have a
material financial interest in a business which is a
contractor, subcontractor or vendor to the state, subject to
some limited exceptions codified in Section 25-4-105(4), none
of which are applicable under these facts.
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
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.
(h)
“Governmental entity” means the state, a county,
a municipality or any other separate political subdivision
authorized by law to exercise a part of the sovereign power
of the state.
(i)
“Income” means money or thing of value received,
or to be received, from any source derived, including but not
limited to, any salary, wage, advance, payment, dividend,
interest, rent, forgiveness of debt, fee, royalty, commission
or any combination thereof.
(k)
“Material financial interest” means a personal
and pecuniary interest, direct or...
