Q May a member of a school board be employed by the school districtís depository bank when his or her salary is not based upon bank deposits or profits?

A Yes. Under these circumstances, the board member will not be financially interested, directly or indirectly, in a depository contract between the school district and the bank, and no violation of Section 109, Miss. Const, or Section 25-4-105(2), Miss. Code, should occur. Nevertheless, the board member must recuse himself or herself from any board action which would benefit the bank, in compliance with Section 25-4-105(1). The exception provided in Section 25-4-105(4)(a) will apply under these facts. (Mississippi Ethics Commission Advisory Opinion No. 12-102-E, December 7, 2012)