May a company partly owned by an election commissioner sell gravel to the county?
Q May a company owned in part by a county election commissioner sell dirt and gravel to the county?
A Section 25-4-105(3)(a) prohibits a public servant of the county from being a contractor, subcontractor or vendor to the county and from having a material financial interest in a business which is a contractor, subcontractor or vendor to the county. However, the election commission is a separate “authority” of county government, and the election commissioner’s business may sell to the board of supervisors if the business is the lowest and best bidder of three or more legitimate bids, pursuant to the exception codified in Section 25-4-105(4)(b). (Mississippi Ethics Opinion No. 09-091-E dated October 9, 2009)
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