in Mississippi
m2078-county-gov-ms
m2078-county-gov-ms
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ma<strong>in</strong>ta<strong>in</strong>ed by the sheriff due to the potential for a violation of Code, § 25-4-<br />
105(1) and public policy concerns that arise under Code, § 25-4-101. Moreover, a<br />
tow<strong>in</strong>g service owned by a supervisor and county employee is strictly prohibited<br />
by Section 109, Miss. Constitution of 1890, Code, § 25-4-105(2), and Code, § 25-<br />
4-105(3)(a) from contract<strong>in</strong>g with the county or hav<strong>in</strong>g any <strong>in</strong>terest <strong>in</strong> any<br />
contract for tow<strong>in</strong>g services which is <strong>in</strong> any way authorized or funded by the<br />
board of supervisors.<br />
13-096-E<br />
13-080-E<br />
13-027-E<br />
A deputy sheriff or the office manager for the County Coroner’s Office may also<br />
serve as Deputy Coroner. The Coroner’s Office is a separate “authority” of county<br />
government from the Sheriff’s Office. Therefore, the exception codified <strong>in</strong> Code,<br />
§ 25-4-105(4)(h) will apply, and the deputy sheriff may also serve as deputy<br />
coroner without violat<strong>in</strong>g Code, § 25-4-103(a). Also, the positions and duties of<br />
deputy coroner and office manager could be comb<strong>in</strong>ed to avoid a violation of<br />
Code, § 25-4-105(3)(a).<br />
A newly elected mayor may not cont<strong>in</strong>ue to work as a part-time deputy sheriff<br />
when the town pays the county for hous<strong>in</strong>g city arrestees. An <strong>in</strong>terlocal agreement<br />
between the city and the county which funds the mayor’s contract of employment<br />
with the county can give rise to a violation of Section 109, Miss. Const. of 1890,<br />
and Code, § 25-4-105(2).<br />
The sheriff may not hire the county's youth court referee/judge to represent his<br />
office and the regional correctional facility. This arrangement raises concerns that<br />
should be avoided pursuant to the public policy set forth <strong>in</strong> Code, § 25-4-101.<br />
County Supervisors<br />
15-032-E<br />
15-025-E<br />
15-007-E<br />
A county may not cont<strong>in</strong>ue to purchase merchandise at a retail store which<br />
employs a candidate for county supervisor and may not cont<strong>in</strong>ue to purchase<br />
<strong>in</strong>surance from an agency which employs the candidate’s spouse if the candidate<br />
is elected. If elected, the candidate will have a prohibited <strong>in</strong>terest <strong>in</strong> transactions<br />
between the county and the store and agency, and those transactions will be<br />
authorized by the board of supervisors <strong>in</strong> violation of Section 109, Miss. Const. of<br />
1890, and Code, § 25-4-105(2).<br />
A county supervisor may participate <strong>in</strong> deliberations and actions by the board<br />
which do not result <strong>in</strong> any pecuniary benefit to either of his f<strong>in</strong>ancially<br />
<strong>in</strong>dependent brothers. When the supervisor and his brothers are f<strong>in</strong>ancially<br />
<strong>in</strong>dependent, no violation of Section 109, Miss. Const. of 1890, or Code, § 25-4-<br />
105(2) will occur, and the supervisor must only recuse himself from matters<br />
which would result <strong>in</strong> a pecuniary benefit to either brother to comply with Code, §<br />
25-4-105(1).<br />
A county supervisor may be an officer of a corporation which has a zero-sum<br />
lease with the county. If the corporation does not charge the county any lease<br />
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