in Mississippi
m2078-county-gov-ms
m2078-county-gov-ms
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11-004-E<br />
10-032-E<br />
A state employee may recommend and the county board of supervisors may<br />
employ a relative of the county adm<strong>in</strong>istrator to work for the county office of the<br />
state agency under the supervision of the state employee. One cannot hire,<br />
recommend or directly supervise one’s relative without violat<strong>in</strong>g Code, § 25-4-<br />
105(1). However, <strong>in</strong> this case the county adm<strong>in</strong>istrator will not be hir<strong>in</strong>g,<br />
recommend<strong>in</strong>g or supervis<strong>in</strong>g his or her relative.<br />
A funeral home partly owned by a county supervisor may contract from time to<br />
time with the county coroner or county employees. Pursuant to Section 109, Miss.<br />
Const. of 1890, and Code, § 25-4-105(2) the funeral home is absolutely prohibited<br />
from transact<strong>in</strong>g any bus<strong>in</strong>ess with the county dur<strong>in</strong>g the supervisor’s term or for<br />
one year thereafter. Therefore, no potential should exist for the coroner or county<br />
employees to violate Code, § 25-4-105(1) if they receive <strong>in</strong>come from a funeral<br />
home which does no bus<strong>in</strong>ess with the county.<br />
County Employees<br />
15-026-E<br />
14-076-E<br />
14-074-E<br />
14-047-E<br />
A bus<strong>in</strong>ess owned by a public servant of several counties may serve as a<br />
contractor, subcontractor or vendor to a municipality, state agency or other<br />
counties. While Code, § 25-4-105(3)(a) prohibits a public servant of a county<br />
from hav<strong>in</strong>g a material f<strong>in</strong>ancial <strong>in</strong>terest <strong>in</strong> a bus<strong>in</strong>ess which serves as a<br />
contractor, subcontractor, or vendor to his own county, a municipality, state<br />
agency, or another county is a separate governmental entity from each county<br />
which the public servant serves.<br />
The director of a city-county recreational authority may also serve on the<br />
municipal school board and the municipal hous<strong>in</strong>g authority. The municipal<br />
school district and the municipal hous<strong>in</strong>g authority are separate governmental<br />
entities from the county and the municipality, and no violation of Code, § 25-4-<br />
105(3)(a) will result. However, the requestor should fully recuse himself from all<br />
matters com<strong>in</strong>g before the school board <strong>in</strong>volv<strong>in</strong>g agreements or disputes between<br />
the school district and the recreational authority <strong>in</strong> compliance with Code, § 25-4-<br />
101.<br />
An attorney may serve as a youth court referee <strong>in</strong> two counties and as public<br />
defender <strong>in</strong> circuit court <strong>in</strong> another county. The three counties are separate<br />
governmental entities, and no violation of Code, § 25-4-105(3)(a) should result<br />
from the youth court referee <strong>in</strong> two counties also serv<strong>in</strong>g as public defender <strong>in</strong><br />
another county.<br />
The county <strong>in</strong>ventory control and <strong>in</strong>surance clerk may be appo<strong>in</strong>ted to the board<br />
of trustees of the county hospital. The <strong>in</strong>ventory control and <strong>in</strong>surance clerk is<br />
employed by the board of supervisors, which is a separate authority of county<br />
government from the hospital board of trustees. Therefore, the <strong>in</strong>ventory control<br />
and <strong>in</strong>surance clerk may be appo<strong>in</strong>ted to the hospital board of trustees without<br />
violat<strong>in</strong>g Code, § 25-4-105(3)(a).<br />
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