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• Commission shall give written notice to the person<br />

• Person that is del<strong>in</strong>quent shall have 15 days of receiv<strong>in</strong>g the written notice to file the<br />

statement<br />

• F<strong>in</strong>e of $50.00 per day, not to exceed a total f<strong>in</strong>e of $1,000.00 shall be assessed for each<br />

day <strong>in</strong> which the statement of economic <strong>in</strong>terest is not properly filed.<br />

COUNTY OFFICERS AND EMPLOYEES<br />

ADVISORY OPINIONS<br />

The State conflict of <strong>in</strong>terest laws apply to all county officers and employees. However, certa<strong>in</strong><br />

sections of the conflict of <strong>in</strong>terest laws do not apply to all county public servants or do not apply<br />

to all county public servants <strong>in</strong> the same manner. For example, Section 109, Miss. Const. of<br />

1890, and its statutory parallel, Code, § 25-4-105(2), Miss. Code of 1972, only apply to members<br />

of boards, commissions and the Legislature. Therefore, these prohibitions apply to county<br />

supervisors but do not apply to the chancery clerk or county adm<strong>in</strong>istrator.<br />

Prior advisory op<strong>in</strong>ions issued by the <strong>Mississippi</strong> Ethics Commission are effective <strong>in</strong> assist<strong>in</strong>g<br />

county officers and employees <strong>in</strong> understand<strong>in</strong>g how the state conflict of <strong>in</strong>terest laws will apply<br />

to them <strong>in</strong> certa<strong>in</strong> situations.<br />

A synopsis of each of the prior advisory op<strong>in</strong>ions issued by the <strong>Mississippi</strong> Ethics Commission<br />

s<strong>in</strong>ce 1987 is available on the commission’s web site at http://www.ethics.state.ms.us. Also, the<br />

commission’s web site has the full text of the commission’s prior advisory op<strong>in</strong>ions issued s<strong>in</strong>ce<br />

May 1995.<br />

The Ethics Commission’s authority to issue advisory op<strong>in</strong>ions is set forth <strong>in</strong> Code, § 25-4-17(i),<br />

which provides a public official limited protection from liability only if all facts are presented <strong>in</strong><br />

writ<strong>in</strong>g to the <strong>Mississippi</strong> Ethics Commission by the public official, the Commission provides a<br />

written op<strong>in</strong>ion to the public official referenc<strong>in</strong>g those particular facts, and the public official <strong>in</strong><br />

good faith follows the Commission’s written op<strong>in</strong>ion.<br />

Follow<strong>in</strong>g are summaries of advisory op<strong>in</strong>ions <strong>in</strong>volv<strong>in</strong>g county government issued <strong>in</strong> recent<br />

years and grouped by subject category.<br />

County Agency or Department<br />

15-058-E<br />

15-051-E<br />

A company which employs the fire chief’s father may not serve as a contractor<br />

and vendor to the county fire department. Due to public policy concerns which<br />

arise under Code, § 25-4-101 and restrictions imposed by Code, § 25-4-105(1),<br />

the company should not serve as a contractor or vendor to the fire department.<br />

A county may contract with the lowest and best bidder, who is also the spouse of<br />

a county employee, when the employee will exercise no control over the contract.<br />

When the <strong>in</strong>come is that of the public servant’s spouse, and the public servant<br />

exercises no control, direct or <strong>in</strong>direct, over the contract, the public servant has no<br />

60

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