MISSISSIPPI ETHICS COMMISSION MASBO 46 TH Annual Conference February 15, 2016 Ethics and Openness in School Districts MISSISSIPPI ETHICS COMMISSION � Eight members serve staggered terms. � Members appointed by Governor, Lieutenant Governor, Speaker of the House and Chief Justice. � Commission staff supervised by an executive director who serves at the Commission’s will and pleasure. Primary Areas of Jurisdiction for the Ethics Commission � Ethics in Government Law � Public Records Act � Open Meetings Act 1
ETHICS IN GOVERNMENT LAW ETHICS COMMISSION ROLES UNDER ETHICS IN GOVERNMENT LAW: 1. I SSUE A DVISORY O PINIONS 2. E NFORCE E THICS L AWS (COMPLAINTS) 3. F ILE S TATEMENTS OF E CONOMIC I NTEREST ADVISORY OPINIONS “An ounce of prevention is worth a pound of cure.” 2
ADVISORY OPINIONS � Commission issues anonymous advisory opinions every month to public servants who need advice about complying with the Ethics Law. � Opinion must be requested in writing by a public servant or candidate for elected office. � If you get an opinion from the Ethics Commission, and you follow it, you are immune from liability under the Ethics Law. � Commission’s staff gives informal guidance based on past opinions, but the only way to be protected from liability is to obtain an official written opinion. ENFORCEMENT Complaint Process � Sworn complaint must be filed alleging a violation of law by a public servant before an investigation can be conducted. � If investigation is authorized by Commission, it is conducted before respondent is notified. � Respondent has 30 days to file a response. � All investigative proceedings and records are strictly confidential, and breach of confidentiality constitutes a crime. 3
Hearings / Penalties � Commission will hold hearings to determine guilt and to impose penalties. � Appeals go to Hinds County Circuit Court. � Commission can impose fines up to $10,000, order repayment of money, and impose censures and other legal/equitable remedies on all public servants. � Commission can recommend the Hinds County Circuit Court remove an official or suspend or demote an employee. THE STATEMENT OF ECONOMIC INTEREST Persons Required to File � Elected officials, except members of levee boards and election commissioners; � Members of all public school boards, whether elected or appointed; � Candidates for elected office and persons appointed to fill a vacancy in an elected office; � Executive directors or heads of state agencies and the presidents and trustees of all colleges and universities; � Members of any state board, commission, or agency, except advisory boards or commissions; � Board members and executive directors of local economic development entities and airport authorities. 4
ETHICS LAWS Eight Basic Prohibitions Board Member Contracts � Use of Office � Contractor, Subcontractor or Vendor � Purchasing Goods and Services � Purchasing Securities � Insider Lobbying � Post Government Employment � Insider Information � Board Member Contracts Section 25-4-105(2) No public servant shall be interested, directly or indirectly, during the term for which he shall have been chosen, or within one (1) year after the expiration of such term, 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. (This prohibition is also in Section 109 of the Mississippi Constitution) 5
Board Member Contracts Section 25-4-105(2) � Section 25-4-105(2) of the Mississippi Code and Section 109 of the Mississippi Constitution only apply to members of boards and the Legislature. � Notice the prohibition is against an interest, not against an act. � There must be some sort of contract. It need not be a written contract. � The conflict arises when the board funds or otherwise authorizes the contract. Even if the individual member does not vote, he or she may be in violation. � The prohibition continues until a former official has been out of office for one year. May a foreman in the school district bus shop continue to be employed by the school district after the employee’s spouse becomes a member of the school board? Advisory Opinion 12-105-E No. An employee of the school district may not continue to be employed by the school district after the employee’s spouse becomes a member of the school board. The board member will have a prohibited interest in her spouse’s employment contract which will be authorized by the school board in violation of Section 109, Miss. Const. of 1890, and Section 25-4-105(2), Miss. Code of 1972. 6
May a business which repairs trucks, buses, and other heavy equipment, work on the school district’s buses where the business owner is married to a member of the school board? Advisory Opinion 12-068-E No. The spouse of a school board member may not conduct business with the school district. The spouse of a school board member is prohibited from doing business with the school district during the member’s term and for one year thereafter, pursuant to Section 109, Miss. Const. of 1890, and Section 25-4-105(2), Miss. Code of 1972. May a member of the school board of trustees hold a 16th Section lease when the periodic rent adjustment occurs during his or her term of office or within one year thereafter? 7
Advisory Opinion 11-047-E No. A school board member may not hold a 16th Section lease when the periodic rent adjustment occurs during his or her term of office or within one year thereafter. The periodic rent adjustment is an authorization of the existing lease and must not occur during the board member’s term or within one year thereafter. A school board president may not vote on a 16th Section lease held by his or her relative, but he may sign the lease as required by statute. May the employer of a former school board member sell supplies to the school district within one year of the former member leaving office? Advisory Opinion 10-045-E No. The employer of a former school board member may not sell supplies to the school district within one year of the former member leaving office. Section 109 and Section 25-4-105(2) prohibit a member of a public board from having any direct or indirect interest in a contract funded or otherwise authorized by that board during his or her term or for one year thereafter. 8
May a school board approve a depository contract with a bank in which a school board member owns stock? Advisory Opinion 05-067-E No. Pursuant to Section 109 and Section 25-4-105(2), a school board member who owns stock in a bank will have a prohibited interest in the depository contract when that contract is authorized by the school board of which he or she is a member. But see Section 37-7-333. May a member of a school board be employed by one of the school district’s depository banks where he or she is an hourly employee who does not receive a bonus based upon bank profits? 9
Advisory Opinion 12-001-E Yes. School board member may be employed by school district’s depository bank when an hourly employee who does not receive a bonus based upon bank profits. But board member must recuse from any board action which would benefit the bank. Section 25-4-105(1). The exception provided in Section 25-4-105(4)(a) will apply under these facts. May a member of a school board serve as an uncompensated officer of a volunteer organization that will make donations to the school district and improve playgrounds on school district property? Advisory Opinion 12-113-E Yes. A member of a school board may serve as an uncompensated volunteer for a volunteer organization that makes donations to the school district. So long as the school board member receives no compensation from the organization, no violation of Section 109, Miss. Const. of 1890, or Section 25-4-105(2), Miss. Code of 1972, should arise. Nevertheless, the board member must recuse himself or herself from any action which would result in a pecuniary benefit to the volunteer organizations in compliance with Section 25-4-105(1) and Section 25-4-101. 10
May a school district employ the child or sibling of a school board member? Advisory Opinion 09-038-E A school district may employ the financially independent child or sibling of a school board member. If the board member and the relative are indeed financially independent, no violation of Section 109, Miss. Const. of 1890, or Section 25-4-105(2), Miss. Code of 1972, should occur, but the board member must recuse himself or herself from any matter which would result in a pecuniary benefit to the relative, in compliance with Section 25-4-105(1), Miss. Code of 1972. Use of Office Section 25-4-105(1) No public servant shall use his official position to obtain, or attempt to obtain, pecuniary benefit for himself other than that compensation provided for by law, or to obtain, or attempt to obtain, pecuniary benefit for any relative or any business with which he is associated . 11
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