ADVISORY OPINION NO. 92-032-E
 
March 6, 1992
 
This Advisory Opinion concerns the following issue as formulated from facts and/or circumstances furnished by a requestor. The opinion is based solely on the facts and circumstances as stated below and was approved by the Commission on March 6, 1992.
Do the Mississippi Ethics in Government laws allow an uncompensated auxiliary county deputy to be a vendor with the county and to buy surplus county property?
The issue at hand has three different areas of possible concern:
1. Mississippi Laws outside the jurisdiction of this Commission.
2. Any internal rules and/or regulations of a body which are in addition to (1) above. An example of this is the rules and regulations adopted by Board of Supervisors.
The above areas, 1. and 2. are mentioned solely for your possible concern and are not of further comment by this Commission as it lacks authority to render opinion - interpretation in these areas. The Commission suggests that the requestor seek interpretation in these areas from the proper authority.
3. The conflict of interest legal provisions interpreted by the Commission are Sections 25-4-101, et seq., 1972 Mississippi Code Annotated and Article IV, Section 109, Mississippi Constitution of 1890. The opinion which follows is restricted to this body of law - the conflict of interest laws. Please note the following:
Advisory Opinion No. 92-032-E
March 6, 1992
Page 2
Code Section 25-4-103 (o) (i) (ii) (iii) states:
(o) 'Public servant' means:
(i) Any elected or appointed official of the government;
(ii) Any officer, director, commissioner, supervisor, chief, head, agent or employee of the government or any agency thereof, or of any public entity created by or under the laws of the state of Mississippi or created by an agency or governmental entity thereof, any of which is funded by public funds or which expends, authorizes or recommends the use of public funds; or
(iii) Any individual who receives a salary, per diem or expenses paid in whole in part out of funds authorized to be expended by the government."
Pertinent facts - circumstances provided by the requestor, absent identifying data, are set forth as follows and considered part of this opinion.
The Sheriff of the County appointed a person to his Auxiliary Deputy Force. The person receives no compensation for serving as an Auxiliary Deputy. He is not considered a county employee. He is covered under the sheriff's liability insurance policy.
The sheriff's department buys used parts from a salvage company which is owned by the person. The person has also bid on some "junk" cars that the sheriff's department is advertising.
Based on the above information, is there a conflict of ethics between the County Sheriff's Office and the person.
The Commission assumes that in addition to that information furnished by the requestor, the auxiliary deputy does not receive any form of compensation, per diem, expenses, etc. If such is not the case the Commission should be advised and this opinion is null and void.
 

Advisory Opinion No. 92-032-E
March 6, 1992
Page 3

Based upon the above facts and pursuant to the above definition of a public servant, the auxiliary deputy does not appear to be a "public servant". Therefore, he may be a vendor to the county and bid on county surplus property.
 

Ronald E. Crowe Executive Director