Q May a member of a school board be employed by one of the school districtís depository banks when he or she is an hourly employee who does not receive a bonus based upon bank profits?

A Yes. Under these circumstances, the board member will not be financially interested, directly or indirectly, in a depository contract between the school district and the bank, and no violation of Section 109 of the Mississippi Constitution or Section 25-4-105(2) of the Mississippi Code should occur. Nevertheless, the board member must recuse himself or herself from any board action which would benefit the bank, in compliance with Section 25-4-105(1). The exception provided in Section 25-4-105(4)(a) will apply under these facts. (Miss.
Ethics Commission Advisory Opinion No. 12-001-E, dated February 3, 2012)