121521 MSEO, ETH 21-035-E

Case DateDecember 15, 2021
CourtMississippi
ETH 21-035-E
ETHICS ADVISORY OPINION NO. 21-035-E
Mississippi Ethics Commission
Mississippi Ethics Opinion
December 15, 2021
         Tom Hood Executive Director and Chief Counsel          Ben H. Stone, Chairman Gulfport          Sean A. Milner, Secretary Clinton          Ron Crowe Brandon          Stephen W. Burrow Pascagoula          Bobby Waites Brandon          Spencer M. Ritchie Jackson          Maxwell J. Luter Tylertown          Erin P. Lane Ridgeland          Question Presented: May an individual who is currently drawing retirement benefits from a community hospital’s retirement plan serve on the board of trustees for the community hospital?          Brief Answer: Yes, based upon the facts presented. However, since the individual is receiving payments from a defined benefits pension plan, if the board makes contributions to that plan after the appointee begins her/his service on the board, then a violation of Section 109, Miss. Const. of 1890, and Section 25-4-105(2), Miss. Code of 1972, would occur and would preclude the individual from serving on the board.          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
...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT