ETH 18-054-E
Advisory Opinion No. 18-054-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 legislator serve on an advisory board
for a bank and receive minimal income from the bank when the
bank has contracts with the state?
Brief
Answer: Yes. Under these particular facts, the
legislator’s interest in the bank is de
minimis and less than material, and the bank is not a
business with which the legislator is associated. Therefore,
no violation of Section 109, Miss. Const. of 1890, or Section
25-4-105(1), (2) or (3)(a), Miss. Code of 1972, will 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, 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...
