110918 MSEO, ETH 18-052-E

• Case Date: November 09, 2018
• Court: Mississippi

ETH 18-052-E Advisory Opinion No. 18-052-E Mississippi Ethics Opinions Mississippi Ethics Commission November 9, 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 mayor serve as a paid consultant for a company which does not contract or subcontract with the city?          Brief Answer: Yes. The company will be prohibited from serving as a contractor or subcontractor to the city, pursuant to Section 109, Miss. Const. of 1890, and Section 25-4-105(2), Miss. Code of 1972, but the company will be free to contract with other governmental entities and with other companies which do business with this city.          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 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

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