Q May a candidate for city council, if elected, accept a real estate commission related to a land purchase contract between private parties that is contingent upon an action taken by the city council before the candidate takes office?

A Yes. If the city council takes any and all necessary actions that will result in the removal of all contingencies before the candidate takes office, no violation of Section 109, Miss. Const. of 1890, or Section 25-4-105(2), Miss. Code of 1972, should occur. The exception in Section 25-4-105(4)(d) will prevent a violation of Section 25-4-105(3)(a) and the requestor’s recusal will prevent a violation of Section 25-4-105(1). (Mississippi Ethics Commission Advisory Opinion No. 13-023-E, March 8, 2013)