Do the Mississippi Ethics in Government laws prohibit a spouse and/or a brother of a public school superintendent from becoming employed by the same district?Pertinent facts and circumstances provided by the requestor, absent identifying data, are set forth as follows and considered part of this opinion.
As per our previous telephone conversation, I am requesting a ruling on the hiring of a brother by a school superintendent to teach adult literacy and basic skills education and also a ruling on hiring a wife to teach adult education and community education classes as an at-will employee.
The individuals in question have been employed by the School District and have been teaching in these areas for the School District, but beginning on July 1, 1993, the State Regional Education Co-operative, of which I serve as a superintendent, has become the fiscal agent of these projects and this is the reason a ruling is needed on this situation.In addition to the issue above the requestor enclosed a letter dated August 23, 1993, which is attached and incorporated into this opinion.
In part answer to the issue above. the Commission formally adopts Advisory Opinion No. 91-081-E (attached) which is incorporated into this opinion.
The attention of the reader of this opinion is first directed to page two of the attached opinion which lists areas of concern other than the Ethics laws. The effect of any U.S.
Department of Education rules and regulations on policies and procedures of the entity involved should be subject of inquiry with the Office of Attorney General.
Also noted on page two of Advisory Opinion No. 91-081-E is the Ethics definition of a "relative" as codified in Code Section 25-4-103 (p). As can be noted, a "brother's is not listed and thus the issue as relates to the brother is moot.
As to the spouse of the superintendent becoming employed by the same district, the reader is further referred to page three of the attached opinion. As long as the provisions of Code Section 37-9-17 are followed and the superintendent does not use his official position for a pecuniary benefit in violation of Code Section 25-4-105 (1) as set forth, the spouse may be employed by the same school district.
Ronald E. Crowe
Executive Director
Cooperative
Dear Mr.
In receiving Federal funds rom the U.S. Department of Education, our office must make certain that the rules and regulations in EDGAR (Education Department General Administrative Regulations) are followed. EDGAR states:
(1) The employee, officer, or agent;
(2) Any member of his or her immediate family;
(3) His or her partner;
(4) An organization in which any of the above is an officer, director, or employee;
We need a letter from the Ethics Commission in regard to this issue. You mentioned that you talked with Ron Crowe, so all we need is for Ron to put what he stated to you in writing.(5) A person or organization with whom any of the above individuals is negotiating or has any arrangement concerning prospective employment.
We really need to get this matter cleared since your July-August reimbursement claim will be due soon. Please get on this and get correspondence regarding this matter.
I look forward to hearing from you on this matter.
Sincerely,
Education