Opinion 05-034-E.

• Case Date: May 06, 2005
• Court: Mississippi

Mississippi Ethics Opinions 2005. Opinion 05-034-E. OFFICIAL ADVISORY OPINION NO. 05-034-EMay 6, 2005This Advisory Opinion concerns the following issue as formulated from facts and/or circumstances furnished by a requestor. The Commission approved this opinion on May 6, 2005, basing its approval solely on the facts and circumstances stated herein.May a state employee contract in his or her individual capacity with another state for general Web publishing services similar in nature to work performed for the State of Mississippi?State law restricts the Mississippi Ethics Commission to interpreting and issuing opinions on Sections 25-4-101 through 25-4-119, 1972 Mississippi Code Annotated and Article IV, Section 109, Mississippi Constitution of 1890. Therefore, this opinion does not address the Mississippi laws outside the Commission's jurisdiction nor the governmental entity's internal rules and regulations. The pertinent conflict of interest laws to be considered here are: Code Section 25-4-103(f)(i)(ii), (g)(v), (h), (l) and (p)(i)(ii)(iii) states: "(f) 'Contract' means: (i) Any agreement to which the government is a party; or (ii) Any agreement on behalf of the government which involves the payment of public funds. (g) 'Governmental' means the state and all political entities thereof, both collectively and separately, including but not limited to: (v) Any department, agency, board, commission, institution, instrumentality, or legislative or administrative body of the state, counties or municipalities created by statute, ordinance or executive order including all units that expend public funds. (h) 'Governmental entity' means the state, a county, a municipality or any other separate political subdivision authorized by law to exercise a part of the sovereign power of the state. (l) `Pecuniary benefit' means benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. Expenses associated with social occasions afforded public servants shall not be deemed a pecuniary benefit. (p) `Public servant' means: (i) Any elected or appointed official of the government; (ii) Any officer, director, commissioner, supervisor, chief, head, agent or employee of the government or any agency thereof, or of any public entity created by or under the laws of the State of Mississippi or...