Q May a physician employed by a county-owned community hospital serve as mayor of a municipality when the hospital and the municipality both participate in the same managed care health program?

A Yes. The physician, who is paid only by the hospital and not by the managed care entity, is a public servant of the county, and no violation of Section 25-4-105(3)(a), will result. The physician does not have a prohibited interest in the managed care agreement in which the city participates, and that contract will not result in a violation of Section 109, Miss. Const. of 1890, or Section 25-4-105(2). Although the community hospital is not a business, the physician, if elected mayor, should recuse himself from any action by the city which results in a monetary benefit to the hospital or the managed care entity to avoid a violation of Section 25-4-105(3)(d) and to fully comply with Section 25-4-101. (Mississippi Ethics Commission Advisory Opinion No. 19-045-E, November 1, 2019)