Mississippi Ethics Commission, 010722 MSEO, 21-036-E

• Case Date: January 07, 2022
• Court: Mississippi

ETH 21-036-E ETHICS ADVISORY OPINION No. 21-036-E Mississippi Ethics Commission Mississippi Ethics Opinion January 7, 2022          Ben H. Stone, Chairman Gulfport          Sean A. Milner, Vice-Chairman Clinton          Ron Crowe, Secretary Brandon          Stephen W. Burrow Pascagoula          Bobby Waites Brandon          Spencer M. Ritchie Jackson          Maxwell J. Luter Tylertown          Erin P. Lane Ridgeland          Question Presented: May a former state agency employee work for a business which may respond to a future request for proposals in which the state employee will have no personal or direct involvement?          Brief Answer: Yes. Because the former state employee will have had no personal or direct involvement in the procurement, oversight or performance of any future contract, he or she may work for the company on a future contract, and no violation of Section 25-4-105(3)(e), Miss. Code of 1972, will occur. Since the state employee will not be sharing nonpublic information about the project with his or her future employer, no violation of Section 25-4-105(5) will occur.          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.

(c) “Business” means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, holding company, self-employed individual, joint stock company, receivership, trust or

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