120420 MSEO, ETH 20-050-E

• Case Date: December 04, 2020
• Court: Mississippi

ETH 20-050-E Ethics Advisory Opinion No. 20-050-E Mississippi Ethics Commission Mississippi Ethics Opinion December 4, 2020          Tom Hood Executive Director and Chief Counsel          Ben H. Stone, Chairman Gulfport          Dana S. Stringer, Vice-Chair Brandon          Sean A. Milner, Secretary Clinton          Ron Crowe Brandon          Stephen W. Burrow Pascagoula          Bobby Waites Brandon          Spencer M. Ritchie Jackson          Maxwell J. Luter Tylertown          Question Presented: May a member of the Legislature represent a state agency and be paid with funds appropriated by the Legislature?          Brief Answer: No. Section 109, Miss. Const. of 1890, and Section 25-4-105(2), Miss. Code of 1972, prohibit a member of the Legislature from having any direct or indirect interest in a contract which is authorized by the Legislature during his or her term or for one year thereafter.          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.

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