Q May a county board of supervisors authorize a depository contract with a bank in which one supervisor has less than a material financial interest and for which the supervisorís brother works as chief executive officer?

A Yes. The supervisorís interest is less than material and also de minimis, and the contract will not violate Sections 25-4-105 (2) or (3)(a), or Section 109 of the Mississippi Constitution. Nevertheless, the supervisor must fully recuse himself or herself from any action which would benefit the bank which employs his or her relative, in compliance with Section 25-4-105(1). (Miss. Ethics Commission Advisory Opinion No. 12-013-E, dated February 3, 2012)