Ethics in Government: Mississippi Ethics Commission Overview

 
Miss. School Boards Assn.
Miss. School Boards Assn.
Basic Course for New School Board Members
Basic Course for New School Board Members
MSBA Office, Ridgeland
MSBA Office, Ridgeland
March 25, 2022
March 25, 2022
 
Ethics in Government Law and
Open Meetings Act
 
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MISSISSIPPI ETHICS COMMISSION
 
Administers and enforces the 
Ethics in
Government Law 
by
Keeping Statements of Economic Interest;
Investigating alleged violations of law;
Issuing written advisory opinions.
 
The Commission also enforces the
Open Meetings Act 
and
Public Records Act
 
The Commission also issues advisory opinions on
the 
Campaign Finance Law 
and levies fines for
late filing of campaign finance reports.
 
ETHICS IN
GOVERNMENT LAW
 
Statement of Economic Interest (SEI)
 
Members of all public school boards must
file, whether elected or appointed.
Candidates for elected office and persons
appointed to fill a vacancy in an elected
office must also file.
Incumbents must file before May 1 every year.
Must be filed electronically on Ethics
Commission web site.
System saves information from previous year. If
your information has not changed, you simply
review it, and click a few buttons to refile.
 
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.
 
Enforcement
 
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 public servant to repay all
money received, and order equitable
remedies.
Commission can 
recommend
 that Hinds
County Circuit Court remove an official or
suspend or demote an employee
 
Eight Basic Prohibitions
 
Board Member Contracts
Use of Office
Contracting
Purchasing Goods and Services
Purchasing Securities
Insider Lobbying
Post Government Employment
Insider Information
Section 109,
Miss. Constitution of 1890
 
No public officer or member of the
legislature shall be
interested, directly or indirectly
, 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,
during the term
 for which he shall have
been chosen, 
or within one year
 after
the expiration of such term.
Section 109,
Miss. Constitution of 1890
 
Section 109 
Section 109 
only
only
 applies to members of
 applies to members of
boards and the Legislature.
boards and the Legislature.
There must be some sort of contract but
There must be some sort of contract but
does not have to be a written contract.
does not have to be a written contract.
The conflict arises when the 
The conflict arises when the 
board
board
 funds or
 funds or
otherwise authorizes the contract. 
otherwise authorizes the contract. 
Even if the
Even if the
individual member does not vote, he or she
individual member does not vote, he or she
may be in violation
may be in violation
.
.
Notice the prohibition is against an 
Notice the prohibition is against an 
interest
interest
,
,
not against an act.
not against an act.
The prohibition continues until a board
The prohibition continues until a board
member has been out of office for one year.
member has been out of office for one year.
 
Advisory Opinion
 
17-080-E
 
The spouse of a school
board member may not be employed
as a substitute teacher by a company
which contracts with the school board
to provide substitute teachers to the
school district. The school board
member would have a prohibited
interest in the contract in violation of
Section 109 and Section 25-4-105(2).
 
Advisory Opinion
 
13-024-E
 A school board member may
have an interest in a Sixteenth Section
lease 
only
 when the lease was
authorized 
before
 the school board
member took office, and the school
board will 
take no action 
on the lease
during the board member’s term or for
one year thereafter.
 
Advisory Opinion
 
17-025-E
 
A business partially
owned by a school board member may
not serve as a vendor to the school
district. Section 109 and Section 25-4-
105(2) prohibit a school board member
from having a direct or indirect interest
in any contract which is funded or
otherwise authorized by the school
board during that board member’s term
or for one year thereafter.
 
Section 25-4-105(1)
 
(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
.
 
Section 25-4-105(1)
 
The statute does 
The statute does 
not
not
 require a public servant
 require a public servant
misuse
misuse
 his or her position.
 his or her position.
To avoid a violation, a public servant must
To avoid a violation, a public servant must
totally and completely 
totally and completely 
recuse
recuse
 himself or herself
 himself or herself
from the matter giving rise to the conflict.
from the matter giving rise to the conflict.
A board member must leave the board meeting
A board member must leave the board meeting
before
before
 the matter comes up for discussion, may
 the matter comes up for discussion, may
only return 
only return 
after
after
 the matter is concluded, and
 the matter is concluded, and
must not discuss the matter with anyone.
must not discuss the matter with anyone.
An abstention is considered a vote with the
An abstention is considered a vote with the
majority and is 
majority and is 
not
not
 a recusal. The minutes of the
 a recusal. The minutes of the
meeting should accurately reflect the recusal.
meeting should accurately reflect the recusal.
Recusal 
Recusal 
does not 
does not 
prevent other violations.
prevent other violations.
 
Section 25-4-105(1)
 
Relative
Relative
” is the public servant’s
” is the public servant’s
spouse,
spouse,
child,
child,
parent,
parent,
sibling (brothers and sisters) or
sibling (brothers and sisters) or
spouse of a relative (in-laws).
spouse of a relative (in-laws).
 
Advisory Opinion
 
10-035-E
 
A school board member whose
financially independent relative is
employed by the school district may not
participate in discussions and actions
approving the 
annual school district
budget
. Only when a board member’s
recusal would result in the 
loss of a
quorum 
and render the board unable to
act may board member participate in
approving district budget.
 
Advisory Opinion
 
14-028-E
 
If new school board
member and sibling are indeed
financially independent
, then sibling
can remain employed by district and no
violation of Section 109 or Section 25-
4-105(2) 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).
 
Section 25-4-105(1)
 
Business with which he is associated
means public servant or his relative is
officer, director, owner, partner, employee
holder of more than ten percent (10%) of
the fair market value or
from which he or his relative derives more
than $2,500 in annual income or
over which such public servant or his
relative exercises control.
 
Advisory Opinion
 
10-006-E
 
A member of a school board may
also serve as an officer of a Parent Teacher
Organization (PTO) within the same school
district. So long as the PTO is 
not
 receiving
any funds from the district, no violation of
Section 109 or Section 25-4-105(2) should
arise. But the school board member 
must
fully recuse 
from any action which would
result in a pecuniary benefit to the PTO in
compliance with Section 25-4-105(1).
 
Subsection (3)(a) –
The Contractor Prohibition
 
(3) No public servant shall: (a) Be a
contractor, subcontractor or vendor
with the governmental entity
 of which
he is a member, officer, employee or agent,
other than in his contract of employment, 
or
have a material financial interest in
any business which is a contractor,
subcontractor or vendor
 
with the
governmental entity
 of which he is a
member, officer, employee or agent.
 
Advisory Opinion
 
14-008-E
 
A business owned by a
school teacher may not serve as a
contractor to the school district which
employs the teacher.  Section 25-4-
105(3)(a) prohibits a teacher from
having a material financial interest in a
business that serves as a contractor to
his or her own school district.
 
Advisory Opinion
 
11-054-E
 
School district employees
may be assigned additional duties and
paid additional compensation. While
they cannot hold two separate
positions with the same district, one
may accept additional duties and
receive additional compensation
without violating Section 25-4-
105(3)(a) if paid under one contract.
 
Subsection (3)(b) –
The Purchaser Prohibition
 
(3) No public servant shall: (b) Be a
purchaser, direct or indirect
, at any sale
made by him in his official capacity 
or by
the governmental entity of which he is
an officer or employee
, except in respect
of the sale of goods or services when
provided as public utilities or offered to the
general public on a uniform price schedule.
 
Section 25-4-105(4) –
Exceptions to Subsection (3)
 
These exceptions 
These exceptions 
only
only
 apply to Subsection
 apply to Subsection
(3) and 
(3) and 
not
not
 to any other provisions of law.
 to any other provisions of law.
Can apply to a government employee but
Can apply to a government employee but
does not protect
does not protect
 a board member from a
 a board member from a
violation of Section 109 or Section 25-4-
violation of Section 109 or Section 25-4-
105(2). The employee would still have to
105(2). The employee would still have to
recuse
recuse
 himself or herself from any action
 himself or herself from any action
which might otherwise violate Section 25-
which might otherwise violate Section 25-
4-105(1).
4-105(1).
 
OTHER LAWS
 
Not part of Ethics Law
but do relate to schools.
 
§ 37-9-17: Step-Aside in Hiring
 
Principal or superintendent 
cannot
recommend employment of relative.
Board may designate someone else to
recommend relative.
Cannot be used for central office staff.
Limited to 2 jobs per school.
Noninstructional employee must have
been previously employed and cannot be
paid more than statewide average.
 
Advisory Opinion
 
17-004-E
 
The superintendent
may not recommend a relative
for continued employment, and
the “step-aside” provision set
out in Section 37-9-17 does not
apply to employees of the
central office.
 
Advisory Opinion
 
14-039-E
 
A school superintendent’s
siblings may be employed as a principal
or counselor in the same district. If the
school board’s 
designee
recommends 
a superintendent’s
siblings and the 
superintendent fully
and completely recuses
 himself or
herself from the hiring and supervision
process, then the superintendent does
not violate Section 25-4-105(1).
 
§ 37-9-21: School Nepotism
 
Cannot hire licensed employee if
related within third degree to
majority of board.
Board member cannot vote on
licensed employee related within
third degree.
Contract is null and void if it
violates this statute.
 
§ 37-7-333: Bank Contracts
 
If school board member has
connection to a bank which bids
on depository contract, then don’t
open any of the bids.
Superintendent sends all sealed
bids to state treasurer, who opens
bids and selects depository.
 
Section 210, Miss. Constitution
 
No superintendent, trustee or
teacher may have any interest
in the sale of anything to any
public school in the state.
 
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OPEN MEETINGS
Enforcement
 
Complaint is filed with Commission. Complaint is
sent to public body, which can respond.
Commission may dismiss complaint, make
preliminary finding or hold a hearing.
Ethics Commission may order public body to
comply with law.
Ethics Commission may impose $500 fine
for first offense, $1,000 for subsequent
offense.
Ethics Commission can mediate disputes.
Either party may appeal 
de novo
 or enforce
Ethics Commission order in local chancery court.
 
Public meetings must be open to public.
Executive session must follow specific
procedure and only for certain reasons.
Notice of meeting must be given, and
minutes must be kept.
Social gatherings are not “meetings”
unless official business is discussed.
Act never requires executive session.
 
OPEN MEETINGS ACT
The Basics
 
WHAT IS A MEETING?
 
Columbus v. Commercial Dispatch
Miss. Sup. Ct.; Sept. 7, 2017
 
Deliberations of a quorum must take
place in a proper public meeting.
When a quorum splits into separate
groups and discusses the same
matter of city business with the same
person, a quorum is deliberating, and
a “meeting” has occurred.
 
Case No. M-12-020
McGovern vs. Starkville
 
Retreats
 conducted by the Board of Aldermen
are meetings subject to the Open Meetings
Act
Even if no official action is taken at a
meeting, minutes must be kept
Committees
 established by the board to
conduct business of the city are subject to
the Open Meetings Act
 
WHAT ABOUT EMAIL?
 
Case No. M-17-012
Neely vs. Yazoo County CVB
 
Email exchange among a quorum of a board
about a matter under their authority can
violate the Open Meetings Act.
A quorum of a board should deliberate board
business ONLY in a properly noticed public
meeting.
Board members should avoid using email to
communicate with each other about board
business.
 
All members can participate by phone.
They can be in different locations, so long
as one location is open to the public.
Equipment (speaker phone) must be
located in place where board normally
meets and allow members of board and
public to hear deliberations.
Votes must be clearly audible or visible to
members of the board and public.
Telephonic Meetings
Section 25-41-5
 
Open Meetings Act and COVID-19
 
Statement posted at www.ethics.ms.gov
Follow all public health recommendations.
Comply with the Open Meetings Act as best you can.
Take all measures within your means to ensure
transparency AND protect public health.
Use teleconference or videoconference.
Equipment used should be located in public meeting
place and should allow members of the board AND
members of the public to hear deliberations.
Record the open portion of meetings and make
recordings available to the public.
Agenda must be “made available to the public at the
time of the meeting” via internet or social media.
 
EXECUTIVE SESSION
PROCEDURE
 
Hinds County Bd. v. Common Cause
Hinds County Bd. v. Common Cause
 (1989)
 (1989)
 
The purpose … is to discourage private
The purpose … is to discourage private
meetings of public bodies…. The technical
meetings of public bodies…. The technical
requirements of the Act not only enlighten
requirements of the Act not only enlighten
the public that there exists a specific, valid
the public that there exists a specific, valid
reason for going into executive session, 
reason for going into executive session, 
but
but
also make it somewhat onerous and time
also make it somewhat onerous and time
consuming for the board to do so
consuming for the board to do so
. A board
. A board
required by law to follow the procedure of …
required by law to follow the procedure of …
§ 25-41-7 will no doubt be less inclined to
§ 25-41-7 will no doubt be less inclined to
go into executive session…. [551 So.2d 107,
go into executive session…. [551 So.2d 107,
112]
112]
 
Executive Session Procedure:
Executive Session Procedure:
Hinds County Bd. of Sup. v. Common Cause
Hinds County Bd. of Sup. v. Common Cause
,
,
551 So.2d 107, 110-111 (Miss. 1989).
551 So.2d 107, 110-111 (Miss. 1989).
 
1. The meeting 
1. The meeting 
must begin as an Open Meeting
must begin as an Open Meeting
.
.
Miss. Code Ann. § 25-41-7(1).
Miss. Code Ann. § 25-41-7(1).
2. A member must make a 
2. A member must make a 
motion for the meeting
motion for the meeting
to be closed
to be closed
 to determine whether or not the
 to determine whether or not the
Board should declare an executive session. The
Board should declare an executive session. The
statute does not require a second to this motion,
statute does not require a second to this motion,
but the vote on this motion is taken in open
but the vote on this motion is taken in open
meeting. If majority votes to close meeting to
meeting. If majority votes to close meeting to
make determination on the question of executive
make determination on the question of executive
session, the meeting is closed for this purpose.
session, the meeting is closed for this purpose.
Miss. Code Ann. § 25-41-7(2).
Miss. Code Ann. § 25-41-7(2).
 
Executive Session Procedure (continued)
 
3. No other business during this closed interim shall be
3. No other business during this closed interim shall be
considered until a vote has been taken on whether or
considered until a vote has been taken on whether or
not to declare an executive session. Miss. Code Ann. §
not to declare an executive session. Miss. Code Ann. §
25-41-7(2). In order to go into executive session, a
25-41-7(2). In order to go into executive session, a
majority of 
majority of 
three-fifths
three-fifths
 of those present must vote in
 of those present must vote in
favor of it. Miss. Code Ann. § 25-41-7(1).
favor of it. Miss. Code Ann. § 25-41-7(1).
4. The 
4. The 
Board must then state in open meeting the
Board must then state in open meeting the
reason for going into executive session
reason for going into executive session
, and this
, and this
reason and total vote thereon must thereafter be
reason and total vote thereon must thereafter be
recorded on the minutes 
recorded on the minutes 
of the meeting. Miss. Code
of the meeting. Miss. Code
Ann. § 25-41-7(3), (5).
Ann. § 25-41-7(3), (5).
5. The vote to go into executive session is 
5. The vote to go into executive session is 
applicable
applicable
only to that particular meeting on that particular day
only to that particular meeting on that particular day
.
.
Miss. Code Ann. § 25-41-7(6).
Miss. Code Ann. § 25-41-7(6).
 
EXECUTIVE SESSION
REASONS
 
Announce Specific Reasons
 
Reasons for executive session must be announced
Reasons for executive session must be announced
in open meeting and recorded in minutes. 
in open meeting and recorded in minutes. 
Must
Must
state a meaningful reason with sufficient specificity
state a meaningful reason with sufficient specificity
so that audience will later be able to check it out
so that audience will later be able to check it out
.
.
 
To simply say, “personnel matters,” or “litigation,”
To simply say, “personnel matters,” or “litigation,”
tells nothing. The reason stated must be of sufficient
tells nothing. The reason stated must be of sufficient
specificity to inform those present that there is in
specificity to inform those present that there is in
reality a specific, discrete matter or area which the
reality a specific, discrete matter or area which the
board had determined should be discussed in
board had determined should be discussed in
executive session.
executive session.
Hinds County Board of Supervisors v. Common Cause
Hinds County Board of Supervisors v. Common Cause
of Mississippi
of Mississippi
, 551 So.2d 107, 111 (Miss. 1989).
, 551 So.2d 107, 111 (Miss. 1989).
 
Executive Session Reasons
 
Executive session may be held for these reasons only:
Executive session may be held for these reasons only:
 
(a) Personnel matters relating to person in specific position
(a) Personnel matters relating to person in specific position
(b) Litigation, where open discussion would have detrimental
(b) Litigation, where open discussion would have detrimental
effect on litigating position
effect on litigating position
(c) Security matters
(c) Security matters
(d) Investigations regarding misconduct or violations of law
(d) Investigations regarding misconduct or violations of law
(e) Legislature may enter executive session for any reason
(e) Legislature may enter executive session for any reason
(f) Extraordinary emergency posing irrevocable harm
(f) Extraordinary emergency posing irrevocable harm
(g) Prospective purchase, sale or leasing of lands
(g) Prospective purchase, sale or leasing of lands
(h) 
(h) 
School board discussions about problems of students,
School board discussions about problems of students,
parents or teachers
parents or teachers
(i) Preparation of professional licensing exams
(i) Preparation of professional licensing exams
(j) Location, relocation or expansion of a business
(j) Location, relocation or expansion of a business
(k) Budget matter which may lead to termination of employee
(k) Budget matter which may lead to termination of employee
(l), (m) (n) certain PERS investments and hospital matters
(l), (m) (n) certain PERS investments and hospital matters
 
Times and places of regular meetings
should be set in minutes. (no statute)
For recess, adjourned, interim or special
meetings, notice must be posted in
building where board normally meets
within one hour of calling the meeting.
Copy of the notice must be placed in the
minutes.
OPEN MEETINGS ACT
Notice
 
Minutes must be kept for all
meetings, whether in open or
executive session.
Minutes must be “recorded” within 30
days after meeting.
Minutes must be available for public
inspection.
Minutes
 
Minutes must show:
Members present and absent;
Date, time and place of meeting;
Accurate recording of any final actions;
Record, by individual member, of all votes
taken;
Any other information requested by the
public body.
 
Content of Minutes
 
PUBLIC PARTICIPATION
Case No. M-10-004
Cockrell vs. Canton Bd. of Ald.
 
Public body may not ban 
cameras or
other recording
 devices from an open
meeting.
Public body may make and enforce
reasonable rules for conduct of persons
attending meetings, including
placement and use of recording devices.
 
PUBLIC PARTICIPATION
Case No. M-10-007
Townes vs. Leflore Co. Sch. Bd.
 
Public body may make and enforce
reasonable rules for conduct of persons
attending meetings, including length of
time allowed to comment.
Public body is not required to allow
members of the public to speak at
meetings.
 
Contact Us
 
Mississippi Ethics Commission
660 North St., Suite 100-C
Jackson, Mississippi 39202
Phone:  601-359-1285
Fax:  601-359-1292
www.ethics.ms.gov
info@ethics.state.ms.us
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The Mississippi Ethics Commission administers and enforces the Ethics in Government Law, ensuring statements of economic interest are kept, investigating violations, and advising on compliance. Members of public school boards must file statements annually, and a complaint process exists for alleged violations. Enforcement includes hearings, fines, and court appeals. Eight basic prohibitions outline acceptable behavior for board members. The constitution prohibits public officers from engaging in certain activities.


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  1. MISSISSIPPI ETHICS COMMISSION Miss. School Boards Assn. Basic Course for New School Board Members MSBA Office, Ridgeland March 25, 2022 Ethics in Government Law and Open Meetings Act

  2. MISSISSIPPI ETHICS COMMISSION Administers and enforces the Ethics in Government Law by Keeping Statements of Economic Interest; Investigating alleged violations of law; Issuing written advisory opinions. The Commission also enforces the Open Meetings Act and Public Records Act The Commission also issues advisory opinions on the Campaign Finance Law and levies fines for late filing of campaign finance reports.

  3. ETHICS IN GOVERNMENT LAW

  4. Statement of Economic Interest (SEI) Members of all public school boards must file, whether elected or appointed. Candidates for elected office and persons appointed to fill a vacancy in an elected office must also file. Incumbents must file before May 1 every year. Must be filed electronically on Ethics Commission web site. System saves information from previous year. If your information has not changed, you simply review it, and click a few buttons to refile.

  5. 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.

  6. Enforcement 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 public servant to repay all money received, and order equitable remedies. Commission can recommend that Hinds County Circuit Court remove an official or suspend or demote an employee

  7. Eight Basic Prohibitions Board Member Contracts Use of Office Contracting Purchasing Goods and Services Purchasing Securities Insider Lobbying Post Government Employment Insider Information

  8. Section 109, Miss. Constitution of 1890 No public officer or member of the legislature shall be interested, directly or indirectly, 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, during the term for which he shall have been chosen, or within one year after the expiration of such term.

  9. Section 109, Miss. Constitution of 1890 Section 109 only applies to members of boards and the Legislature. There must be some sort of contract but does not have to 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. Notice the prohibition is against an interest, not against an act. The prohibition continues until a board member has been out of office for one year.

  10. Advisory Opinion 17-080-E The spouse of a school board member may not be employed as a substitute teacher by a company which contracts with the school board to provide substitute teachers to the school district. The school board member would have a prohibited interest in the contract in violation of Section 109 and Section 25-4-105(2).

  11. Advisory Opinion 13-024-E A school board member may have an interest in a Sixteenth Section lease only when the lease was authorized before the school board member took office, and the school board will take no action on the lease during the board member s term or for one year thereafter.

  12. Advisory Opinion 17-025-E A business partially owned by a school board member may not serve as a vendor to the school district. Section 109 and Section 25-4- 105(2) prohibit a school board member from having a direct or indirect interest in any contract which is funded or otherwise authorized by the school board during that board member s term or for one year thereafter.

  13. Section 25-4-105(1) (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.

  14. Section 25-4-105(1) The statute does not require a public servant misuse his or her position. To avoid a violation, a public servant must totally and completely recuse himself or herself from the matter giving rise to the conflict. A board member must leave the board meeting before the matter comes up for discussion, may only return after the matter is concluded, and must not discuss the matter with anyone. An abstention is considered a vote with the majority and is not a recusal. The minutes of the meeting should accurately reflect the recusal. Recusal does not prevent other violations.

  15. Section 25-4-105(1) Relative is the public servant s spouse, child, parent, sibling (brothers and sisters) or spouse of a relative (in-laws).

  16. Advisory Opinion 10-035-E A school board member whose financially independent relative is employed by the school district may not participate in discussions and actions approving the annual school district budget. Only when a board member s recusal would result in the loss of a quorum and render the board unable to act may board member participate in approving district budget.

  17. Advisory Opinion 14-028-E If new school board member and sibling are indeed financially independent, then sibling can remain employed by district and no violation of Section 109 or Section 25- 4-105(2) 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).

  18. Section 25-4-105(1) Business with which he is associated means public servant or his relative is officer, director, owner, partner, employee holder of more than ten percent (10%) of the fair market value or from which he or his relative derives more than $2,500 in annual income or over which such public servant or his relative exercises control.

  19. Advisory Opinion 10-006-E A member of a school board may also serve as an officer of a Parent Teacher Organization (PTO) within the same school district. So long as the PTO is not receiving any funds from the district, no violation of Section 109 or Section 25-4-105(2) should arise. But the school board member must fully recuse from any action which would result in a pecuniary benefit to the PTO in compliance with Section 25-4-105(1).

  20. Subsection (3)(a) The Contractor Prohibition (3) No public servant shall: (a) Be a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent, other than in his contract of employment, or have a material financial interest in any business which is a contractor, subcontractor or vendorwith the governmental entity of which he is a member, officer, employee or agent.

  21. Advisory Opinion 14-008-E A business owned by a school teacher may not serve as a contractor to the school district which employs the teacher. Section 25-4- 105(3)(a) prohibits a teacher from having a material financial interest in a business that serves as a contractor to his or her own school district.

  22. Advisory Opinion 11-054-E School district employees may be assigned additional duties and paid additional compensation. While they cannot hold two separate positions with the same district, one may accept additional duties and receive additional compensation without violating Section 25-4- 105(3)(a) if paid under one contract.

  23. Subsection (3)(b) The Purchaser Prohibition (3) No public servant shall: (b) Be a purchaser, direct or indirect, at any sale made by him in his official capacity or by the governmental entity of which he is an officer or employee, except in respect of the sale of goods or services when provided as public utilities or offered to the general public on a uniform price schedule.

  24. Section 25-4-105(4) Exceptions to Subsection (3) These exceptions only apply to Subsection (3) and not to any other provisions of law. Can apply to a government employee but does not protect a board member from a violation of Section 109 or Section 25-4- 105(2). The employee would still have to recuse himself or herself from any action which might otherwise violate Section 25- 4-105(1).

  25. OTHER LAWS Not part of Ethics Law but do relate to schools.

  26. 37-9-17: Step-Aside in Hiring Principal or superintendent cannot recommend employment of relative. Board may designate someone else to recommend relative. Cannot be used for central office staff. Limited to 2 jobs per school. Noninstructional employee must have been previously employed and cannot be paid more than statewide average.

  27. Advisory Opinion 17-004-E The superintendent may not recommend a relative for continued employment, and the step-aside provision set out in Section 37-9-17 does not apply to employees of the central office.

  28. Advisory Opinion A school superintendent s siblings may be employed as a principal or counselor in the same district. If the school board s designee recommends a superintendent s siblings and the superintendent fully and completely recuses himself or herself from the hiring and supervision process, then the superintendent does not violate Section 25-4-105(1). 14-039-E

  29. 37-9-21: School Nepotism Cannot hire licensed employee if related within third degree to majority of board. Board member cannot vote on licensed employee related within third degree. Contract is null and void if it violates this statute.

  30. 37-7-333: Bank Contracts If school board member has connection to a bank which bids on depository contract, then don t open any of the bids. Superintendent sends all sealed bids to state treasurer, who opens bids and selects depository.

  31. Section 210, Miss. Constitution No superintendent, trustee or teacher may have any interest in the sale of anything to any public school in the state.

  32. OPEN MEETINGS ACT

  33. OPEN MEETINGS Enforcement Complaint is filed with Commission. Complaint is sent to public body, which can respond. Commission may dismiss complaint, make preliminary finding or hold a hearing. Ethics Commission may order public body to comply with law. Ethics Commission may impose $500 fine for first offense, $1,000 for subsequent offense. Ethics Commission can mediate disputes. Either party may appeal de novo or enforce Ethics Commission order in local chancery court.

  34. OPEN MEETINGS ACT The Basics Public meetings must be open to public. Executive session must follow specific procedure and only for certain reasons. Notice of meeting must be given, and minutes must be kept. Social gatherings are not meetings unless official business is discussed. Act never requires executive session.

  35. WHAT IS A MEETING?

  36. Columbus v. Commercial Dispatch Miss. Sup. Ct.; Sept. 7, 2017 Deliberations of a quorum must take place in a proper public meeting. When a quorum splits into separate groups and discusses the same matter of city business with the same person, a quorum is deliberating, and a meeting has occurred.

  37. Case No. M-12-020 McGovern vs. Starkville Retreats conducted by the Board of Aldermen are meetings subject to the Open Meetings Act Even if no official action is taken at a meeting, minutes must be kept Committees established by the board to conduct business of the city are subject to the Open Meetings Act

  38. WHAT ABOUT EMAIL?

  39. Case No. M-17-012 Neely vs. Yazoo County CVB Email exchange among a quorum of a board about a matter under their authority can violate the Open Meetings Act. A quorum of a board should deliberate board business ONLY in a properly noticed public meeting. Board members should avoid using email to communicate with each other about board business.

  40. Telephonic Meetings Section 25-41-5 All members can participate by phone. They can be in different locations, so long as one location is open to the public. Equipment (speaker phone) must be located in place where board normally meets and allow members of board and public to hear deliberations. Votes must be clearly audible or visible to members of the board and public.

  41. Open Meetings Act and COVID-19 Statement posted at www.ethics.ms.gov Follow all public health recommendations. Comply with the Open Meetings Act as best you can. Take all measures within your means to ensure transparency AND protect public health. Use teleconference or videoconference. Equipment used should be located in public meeting place and should allow members of the board AND members of the public to hear deliberations. Record the open portion of meetings and make recordings available to the public. Agenda must be made available to the public at the time of the meeting via internet or social media.

  42. EXECUTIVE SESSION PROCEDURE

  43. Hinds County Bd. v. Common Cause (1989) The purpose is to discourage private meetings of public bodies . The technical requirements of the Act not only enlighten the public that there exists a specific, valid reason for going into executive session, but also make it somewhat onerous and time consuming for the board to do so. A board required by law to follow the procedure of 25-41-7 will no doubt be less inclined to go into executive session . [551 So.2d 107, 112]

  44. Executive Session Procedure: Hinds County Bd. of Sup. v. Common Cause, 551 So.2d 107, 110-111 (Miss. 1989). 1. The meeting must begin as an Open Meeting. Miss. Code Ann. 25-41-7(1). 2. A member must make a motion for the meeting to be closed to determine whether or not the Board should declare an executive session. The statute does not require a second to this motion, but the vote on this motion is taken in open meeting. If majority votes to close meeting to make determination on the question of executive session, the meeting is closed for this purpose. Miss. Code Ann. 25-41-7(2).

  45. Executive Session Procedure (continued) 3. No other business during this closed interim shall be considered until a vote has been taken on whether or not to declare an executive session. Miss. Code Ann. 25-41-7(2). In order to go into executive session, a majority of three-fifths of those present must vote in favor of it. Miss. Code Ann. 25-41-7(1). 4. The Board must then state in open meeting the reason for going into executive session, and this reason and total vote thereon must thereafter be recorded on the minutes of the meeting. Miss. Code Ann. 25-41-7(3), (5). 5. The vote to go into executive session is applicable only to that particular meeting on that particular day. Miss. Code Ann. 25-41-7(6).

  46. EXECUTIVE SESSION REASONS

  47. Announce Specific Reasons Reasons for executive session must be announced in open meeting and recorded in minutes. Must state a meaningful reason with sufficient specificity so that audience will later be able to check it out. To simply say, personnelmatters, or litigation, tells nothing. The reason stated must be of sufficient specificity to inform those present that there is in reality a specific, discrete matter or area which the board had determined should be discussed in executive session. Hinds County Board of Supervisors v. Common Cause of Mississippi, 551 So.2d 107, 111 (Miss. 1989).

  48. Executive Session Reasons Executive session may be held for these reasons only: (a) Personnel matters relating to person in specific position (b) Litigation, where open discussion would have detrimental effect on litigating position (c) Security matters (d) Investigations regarding misconduct or violations of law (e) Legislature may enter executive session for any reason (f) Extraordinary emergency posing irrevocable harm (g) Prospective purchase, sale or leasing of lands (h) School board discussions about problems of students, parents or teachers (i) Preparation of professional licensing exams (j) Location, relocation or expansion of a business (k) Budget matter which may lead to termination of employee (l), (m) (n) certain PERS investments and hospital matters

  49. OPEN MEETINGS ACT Notice Times and places of regular meetings should be set in minutes. (no statute) For recess, adjourned, interim or special meetings, notice must be posted in building where board normally meets within one hour of calling the meeting. Copy of the notice must be placed in the minutes.

  50. Minutes Minutes must be kept for all meetings, whether in open or executive session. Minutes must be recorded within 30 days after meeting. Minutes must be available for public inspection.

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