Upon request, the Commission has the authority, in its discretion, to issue advisory opinions to public servants with regard to the conflict of interest law set forth in Article 3, Chapter 4, Title 25, Mississippi Code of 1972. The Commission may also issue advisory opinions to individuals required to file a Statement of Economic Interest and pertaining to the content of the Statement of Economic Interest required to be filed by the individuals.
Types of Opinions
Standards of Conduct
To obtain an advisory opinion pertaining to standards of conduct (conflict of interest), public servants must make their requests in writing and must state all the facts pertaining to the specific situation. Once the Commission receives an opinion request, it has 90 days to issue an opinion unless it chooses not to issue an opinion. Most opinions are issued within 30 days.
No civil or criminal liability shall accrue to or against the opinion requester who, in good faith, follows the direction of such opinion and acts in accordance therewith unless a court of competent jurisdiction, after a full hearing, shall judicially declare that such opinion is manifestly wrong and without any substantial support.
No opinion shall be given or considered if said opinion would be given after judicial proceedings are started.
Statements of Economic Interest
Any individual who is required to file a Statement of Economic Interest may make a written request for an opinion and the request must be complete and accurate. Any issued opinion must have been issued within 90 days of the receipt of a complete and accurate request.
No civil or criminal liability shall accrue to or against the individual requesting such opinion who, in good faith, follows the direction of the opinion and makes disclosure in accordance therewith unless a court of competent jurisdiction, after a full hearing, shall judicially declare that such opinion is manifestly wrong and without substantial support.
No opinion shall be given or considered if said opinion would be given after judicial proceedings are started.
Availability of Opinions
Standards of Conduct
Standard of conduct advisory opinions shall be public records except that the Commission shall make such deletions and changes to ensure the anonymity of the public servant and any other person mentioned in the opinion. Copies may be inspected and obtained from the Commission at its offices or on this web site by clicking on the Advisory Opinion link in the upper left column of any page or opinion search link.
Statement of Economic Interest
All requests for advisory opinions and all advisory opinions concerning statements of economic interest filings shall be confidential and the Commission shall not publicly disclose any advisory opinion or the fact that an advisory opinion has been requested or issued unless the individual requesting the opinion gives his or her permission in writing to the Commission.