Q May a school board member have an interest in a sixteenth section lease when the original ninety-nine year lease was entered between 1940 and 1960, the original lease was authorized before the school board member began service on the board, and the school board will not be required to take any action concerning the lease during the board memberís term or for one year after the board memberís term? Additionally, may a school district employee have an interest in such a lease?

A Yes. If the school board will not be required to take any action that would have the effect of authorizing the school board memberís interest in the lease, no violation of Section 109, Miss. Const. of 1890, or Section 25-4-105(2), Miss. Code of 1972, should occur. Additionally, the school board member or a school district employee must recuse himself or herself from any matter coming before the school district concerning his or her own lease. Because neither the school board member nor the school district employee is serving as a contractor to the school district, no violation of Section 25-4-105(3)(a) should occur. (Mississippi Ethics Commission Advisory Opinion No. 13-024-E, March 8, 2013)