STATE OF MISSISSIPPI 

PHIL BRYANT 

GOVERNOR 

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

July 13, 2012 

Ms. Gwendolyn Keyes Fleming 

Regional Administrator. 

U.S. Environmental Protection Agency 

6 1 Forsyth Street, S.W. 

~tlanta; Georgia 30303-3 1 04 

Dear Ms. Fleming: 

Re: Mississippi State Implementation Plan 

Enclosed are copies of documents related to Mississippi's Infrastructure State Implementation Plan 

(Infrastructure SIP) to comply with the requirements of the Section 11 O(a)(2)(E)ii of the Federal Clean 

Air Act as it pertains to the 2006 PM2.5 National Ambient Air Quality Standards. The documents include 

a draft Certification for CAA Section 1 lO(a)(2)(E)(ii) requirements. Also, included is a Proposed SIP 

Revision to add ethics provisions of state law and the state constitution into the Mississippi SIP. We are 

requesting parallel processing by EPA of the above referenced documents and the Section 1 1 O(a)(2)(G) 

Infrastructure SIP previously submitted to EPA in order to expedite approval into the federally approved 

Mississippi State Implementation Plan. 

The public comment period begins Monday, July 16,201 2, and will end on August 15,20 12. We plan to 

present the SIP Revision to the Mississippi Commission on Environmental Quality as soon as possible 

following the public comment period. 

If you have any questions or need further information, please contact me or Maya Rao of my staff at 

(601) 961 -5242. 

Very truly yours, , 

cc: Ms. Beverly Banister 

Director APTMD, EPA Region IV 

Enclosures 

OFFICE OF POL1,UTION CONTROL 

POST OFFICE BOX 2261 JACKSON, MISSISSIPPI 39225-2261 TEL: (601) 961-51 71 FAX: (601) 354-6612 www.deq.state.ms.us 

AN EQUAL OPPORTUNITY EMPLOYER 
Public Notice 

Mississippi Commission on Environmental Quality 

P. 0. Box 2261 

Jackson, MS 39225 

Telephone No. (601) 961-5 171 

Public Notice Start Date: July 16,20 12 

Deadline for Comment: August 1 5,20 12 

MDEQ Contact: Jerry Beasley 

Please take note that the Mississippi Commission on Environmental Quality ("Commission") is 

providing draft information for comment regarding the Mississippi Certification that the State 

Implementation Plan for the Control of Air Pollution is adequate to comply with the 

requirements of Section 1 lO(a)(2)(E)(ii) of the Federal Clean Air Act as it pertains to the 2006 

National Ambient Air Quality Standards for Fine Particulate Matter (PM2.5) as promulgated by 

the U.S. Environmental Protection Agency (EPA). Furthermore, the Commission is considering 

a Revision to the State Implementation Plan for the Control of Air Pollution (SIP Revision) to 

add provisions of state law and the state constitution to the SIP as it pertains to the requirements 

of Section 110(a)(2)(E)(ii) and Section 128(a)(l) & (2) of the Federal Clean Air Act. 

Copies of the Draft Certification and Proposed SIP Revision may be obtained by writing or 

calling Joanne Rials at the address and telephone number listed above. The Draft Certification 

and Proposed SIP Revision are also available for public review from Monday, July 16, 2012, 

through Wednesday, August 15, 2012, at the main branch of public libraries in cities of Gulfport, 

Jackson, and Tupelo. For those persons with internet access, the Draft Certification and 

Proposed SIP Revision may be found on the Mississippi Department of Environmental Quality's 

website at http://www.deq.state.ms.us by clicking on Programs; Air Quality; New Information. 

Persons wishing to comment on the draft certification and proposed SIP Revision are invited to 

submit comments in writing to Jerry Beasley at the Commission's address shown above, no later 

than 5:00 p.m. on Wednesday, August 15, 2012. All comments received by this date will be 

considered in preparation of the final submission to EPA. A public hearing may be held if the 

Commission finds a significant degree of public interest in the Draft Certification and Proposed 

SIP Revision. 

Please bring the foregoing to the attention of persons whom you know will be interested. 

2006 PM2.5 Infrastructure SIP public notice.doc 

July 16,2012 
Mississippi Certification 

Clean Air Act Section 1 lO(a)(2)(E)(ii) 

2006 PM2.5 Requirements 

Section 1 lO(a)(2)(E)(ii) 

(ii) requirements that the State comply with the requirements respecting State boards 

under section 128 of this title. 

SIP Appendix A-9, Section 49-1 7-1 7(a), states that the Mississippi Commission on 

Environmental Quality shall have powers and duties to issue and supervise enforcement 

orders. SIP Appendix A-9, Section 49-1 7-28, states the Mississippi Department of 

Environmental Quality (MDEQ) Permit Board has the power to issue, modify, revoke, or 

deny permits. These are the only boards that have authorization to issue enforcement 

orders and permits. 

MDEQ is proposing that provisions of the Mississippi State Constitution and of the 

Mississippi Code are substantially equivalent to the requirements of the Federal Program 

by providing for unbiased decisions of the Commission on all matters, including final 

decisions on permits, and the disclosure of any potential conflicts of interest. 

Article 4, Section 109 of the Mississippi Constitution provides "No public officer or 

member of the legislature shall be interested, directly or indirectly, in any contract with 

the state, or any district, county, city, or town thereof, authorized by any law passed or 

order made by any board of which he may be or may have been a member, during the 

term for which he shall have been chosen, or within one year after the expiration of such 

term." Simply being a commission member constitutes a violation of Constitutional 

Section 109 regardless of voting or not voting if the interest being voted on is a contract 

prohibited by the provision. Thus, there can be no Commission member with any interest 

in a governmental contract with the agency. 

In addition to the Constitutional prohibition, Mississippi has an ethical charter set forth in 

Mississippi Code Section 25-4-1 01, et. seq. These Code sections define the terms used 

and prohibit conflicts of interests by Commission members. 

Mississippi Code Section 25-4-1 03 provides the following definitions, in pertinent part: 

(b) "Benefit" means any gain or advantage to the beneficiary, 

including any gain or advantage to a third person pursuant to the 

desire or consent of the beneficiary. 

(c) "Business" means any corporation, partnership, sole 

proprietorship, firm, enterprise, franchise, association, 

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organization, holding company, self-employed individual, jointstock company, receivership, trust or other legal entity or 

undertaking organized for economic gain, a nonprofit corporation 

or other such entity, association or organization receiving public 

funds. 

(d) "Business with which he is associated" means any business of 

which a public servant or his relative is an officer, director, owner, 

partner, employee or is a holder of more than ten percent (10%) of 

the fair market value or from whch he or his relative derives more 

than Two Thousand Five Hundred Dollars ($2,500.00) in annual 

income or over which such public servant or his relative exercises 

control. 

(f) "Contract" means: 

(i) Any agreement to which the government is a party; 

or 

(ii) Any agreement on behalf of the government which 

involves the payment of public funds. 

(g) "Government" means the state and all political entities thereof, 

both collectively and separately, including, but not limited to: 

(v) Any department, agency, board, commission, 

institution, instrumentality, or legislative or 

administrative body of the state, counties or 

municipalities created by statute, ordinance or 

executive order including all units that expend 

public funds. 

(h) "Governmental entity" means the state, a county, a municipality or 

any other separate political subdivision authorized by law to 

exercise a part of the sovereign power of the state. 

(1) "Pecuniary benefit" means benefit in the form of money, property, 

commercial interests or anything else the primary significance of 

which is economic gain. Expenses associated with social occasions 

afforded public servants shall not be deemed a pecuniary benefit. 

(p) "Public servant" means: 

(i) Any elected or appointed official of the 

government; 

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(ii) 

(iii) 

Any officer, director, commissioner, supervisor, 

chief, head, agent or employee of the government or 

any agency thereof, or of any public entity created 

by or under the laws of the State of Mississippi or 

created by an agency or governmental entity 

thereof, any of which is funded by public funds or 

which expends, authorizes or recommends the use 

of public funds; or 

Any individual who receives a salary, per diem or 

expenses paid in whole or in part out of funds 

authorized to be expended by the government. 

Mississippi Code Section 25-4-105(1), (3) and (5) state, in pertinent part: 

(1) No public servant shall use his official position to obtain, or 

attempt to obtain, pecuniary benefit for himself other than that 

compensation provided for by law, or to obtain, or attempt to 

obtain, pecuniary benefit for any relative or any business with 

which he is associated. 

(3) No public servant shall: 

(d) Perform any service for any compensation during 

his term of office or employment by which he 

attempts to influence a decision of the authority of 

the governmental entity of which he is a member. 

(5) No person may intentionally use or disclose information gained in 

the course of or by reason of his official position or employment as 

a public servant in any way that could result in pecuniary benefit 

for himself, any relative, or any other person, if the information has 

not been communicated to the public or is not public information. 

The interests of each of the Board member are made public by the 

required filing of a statement of economic interest pursuant to Mississippi Code 

Section 25-4-25, which provides in pertinent part: 

Each of the following individuals shall file a statement of economic 

interest with the commission in accordance with the provisions of this 

chapter: 

(e) Members of any state board, commission or agency, including the 

Mississippi Ethics Commission, charged with the administration or 

expenditure of public funds, with the exception of advisory boards 

or commissions; provided, however, in order to fulfill the 

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legislative purposes of this chapter, the commission may require, 

upon a majority vote, the filing of a statement of economic interest 

by members of an advisory board or commission; 

(f) Executive directors, heads, or members of any board, committee, 

commission or council of any of the following entities, by 

whatever name designated: 

The application of the above referenced statutes has been addressed by the Mississippi 

Ethics Commission in Advisory Opinion 95-042-E, as follows: 

State commission members [should] not use their official positions 

to obtain a pecuniary benefit for themselves, their relatives or any business 

with which they are associated in violation of Code Section 25-4- 105(1). 

Public servants must keep the performance of their official duties 

entirely separate and distinct from any private interests. In order for the 

private interests to remain separate and distinct, ublic servants must recuse 

themselves from discussing or acting on any subject matter in which they 

have a pecuniary interest. 

A proper recusal occurs when the public servant totally removes 

himself or herself from the pertinent matter by not officially or 

unofficially taking part or action regarding the subject matter and leaves 

the room or area where such discussions, considerations or actions take 

place. The minutes of the state commission should state that the member 

leA the meeting by showing him or her absent for that matter. 

A commission member(s) should not vote on or take part in a 

matter concerning regulations or licensing restrictions that would affect 

the pecuniary interest andlor benefit of the cornnlission member, a relative 

or a business in which he or she is associated. 

Violations of Code Section 25-4-105 are punishable in accordance with Code Sections 

25-4- 109, which provides in pertinent part: 

(1) Upon a finding by clear and convincing evidence that any elected 

public servant or other person has violated any provision of this 

article, the commission may censure the elected public servant or 

impose a civil fine of not more than Ten Thousand Dollars 

($10,000.00), or both. The commission may further recommend to 

the Circuit Court for Hinds County that the elected public servant 

be removed from office. 

(2) Upon a finding by clear and convincing evidence that any 

nonelected public servant has violated any provision of this article, 

2006 PM2.6 Infrastructure SIP, 1 lOa2Eii 

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the commission may censure the nonelected public servant or 

impose a civil fine of not more than Ten Thousand Dollars 

($10,000.00), or both. The commission may further recommend to 

the Circuit Court for Hinds County that the nonelected public 

servant be removed from office, suspended, or subjected to a 

demotion or reduction in pay. 

(3) The commission may order restitution or other equitable or legal 

remedies to recover public funds or property unlawfidly taken, as 

well as unjust enrichment, although not public funds. Any 

pecuniary benefit received by a public servant in violation of this 

article may be declared forfeited by the commission for the benefit 

of the governmental entity injured. 

(4) In the event a public servant does not appeal the decision or 

recommendation of the commission, the commission may petition 

the Circuit Court for Hinds County for the removal, suspension, 

demotion or reduction of pay of the public servant as provided by 

law. 

Under the provisions of its Ethics laws, members of the Mississippi Commission on 

Environmental Quality and the MDEQ Permit Board are considered public servants, 

bound by all the provisions of the State's Ethics laws. It is clear that members of the 

Commission and Permit Board are prohibited taking any action in their personal interests, 

on penalty of removal, sanction, fines and restitution orders. 

MDEQ is proposing that Code Sections 25-4-25, as stated above, 25-4-27 and 25-4-29 

meet the requirements of Clean Air Act Section 128(a)(2). As aforestated, Code Section 

24-4-25 provides for the filing of a statement of economic interest by every Commission 

member. Code Section 25-4-27(a) through (f) define the information required to be 

submitted by filers of the statement of economic interest. The MDEQ Executive 

Director, the Mississippi Commission on Environmental Quality, and the MDEQ Permit 

Board are required to file such statements. The failure to file such a statement is 

addressed in Code Section 25-4-29(2), which sets a monetary penalty for failing to file. 

Mississippi proposes that the combination of Mississippi Constitution, Article 4, Section 

109, and the Mississippi Code Sections of the State's ethical charter is substantially 

equivalent to the requirements of the Federal program by providing for unbiased 

decisions of the Board on all matters, including final decisions on permits, and the 

disclosure of any potential conflicts of interest. 

2006 PM2.6 Infrastructure SIP, 1 lOa2Eii 

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MISSISSIPPI CODE of 1972 

*** Current through the 2011 Regular Session and 1st Extraordinary Session *** 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS 

CHAPTER 4. ETHICS IN GOVERNMENT 

Miss. Code Ann. tj 25-4-25 through $25-2-29, and tj 25-4-101 through $ 25-4-105 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS 

CHAPTER 4. ETHICS IN GOVERNMENT 

ARTICLE 1. MISSISSIPPI ETHICS COMMISSION 

Miss. Code Ann. $ 25-4-25 (201 1) 

tj 25-4-25. Persons required to file statement of economic interest 

Each of the following individuals shall file a statement of economic interest with the 

commission in accordance with the provisions of this chapter: 

(a) Persons elected by popular vote, excluding United States Senators and United States 

Representatives, to any office, whether it be legislative, executive or judicial, and 

whether it be statewide, district, county, municipal or any other political subdivision, with 

the exception of members of boards of levee con~missioners and election commissioners; 

(b) Members of local school boards that administer public funds, regardless of whether 

such members are elected or appointed; 

(c) Persons who are candidates for public office or who are appointed to fill a vacancy in 

an office who, if elected, would be required to file under paragraph (a) of this section; 

(d) Executive directors or heads of state agencies, by whatever name they are designated, 

who are paid in part or in whole, directly or indirectly, from funds appropriated or 

authorized to be expended by the Legislature, and the presidents and trustees of all statesupported colleges, universities and junior colleges; 

(e) Members of any state board, commission or agency, including the Mississippi Ethics 

Commission, charged with the administration or expenditure of public funds, with the 

exception of advisory boards or commissions; provided, however, in order to fulfill the 

legislative purposes of this chapter, the commission may require, upon a majority vote. 

the filing of a statement of economic interest by members of an advisory board or 

commission; 

(f) Executive directors, heads, or members of any board, committee, commission or 

council of any of the following entities, by whatever name designated: 

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(i) An economic development district established pursuant to Title 19, Chapter 5, 

Mississippi Code of 1972; 

(ii) Any entity created pursuant to the Regional Economic Development Act, Title 57, 

Chapter 64, Mississippi Code of 1972; 

(iii) Any county development commission established pursuant to Title 59, Chapter 9, 

Mississippi Code of 1972; 

(iv) Any industrial council established pursuant to Title 57, Chapter 32, Mississippi Code 

of 1972; or 

(v) An airport authority established pursuant to statute or other legislative act. 

HISTORY: SOURCES: Laws, 1979, ch. 508, 5 8; reenacted and amended, Laws, 1982, 

ch. 488, 5 14; reenacted, Laws, 1986, ch. 348, 5 14; reenacted, Laws, 1990, ch. 491 ; 

Laws, 1995, ch. 360, 5 14; reenacted without change, Laws, 1998, ch. 350, 5 14; Laws, 

2008, ch. 562, 5 7, eff August 5,2008 (the date the United States Attorney General 

interposed no objection under Section 5 of the Voting Rights Act of 1965, to the 

amendment of this section.) 

5 25-4-27. Contents of statement of economic interest 

Each person specified under Section 25-4-25 shall file a statement in accordance with the 

provisions of this chapter in the manner and format prescribed by the commission which 

shall be certified as to the accuracy and completeness of the information set forth to the 

best knowledge of the person submitting the statement. The commission shall develop a 

system of electronic filing for use by persons required to file a statement of economic 

interest. The commission shall implement the electronic filing system on or before 

January 1, 201 0. Any person required to file with the commission shall file electronically 

on and after January 1, 20 10. The statement shall include the following information for 

the preceding calendar year: 

(a) The name and mailing address of the filer; 

(b) The title, position and offices whereby the person is required to file; 

(c) All other occupations of the filer and his household members; 

(d) The names and addresses of all businesses in which the filer or a household member 

held a position, and the name of the position, if the person or a household member: 

(i) Receives more than Two Thousand Five Hundred Dollars ($2,500.00) per year in 

income from the business; 

(ii) Owns ten percent (1 0%) or more of the fair market value in the business; 

2006 PM2.6 Infrastructure SIP. 1 lOa2Eii 

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(iii) Owns an ownership interest in the business, the fair market value of which exceeds 

Five Thousand Dollars ($ 5,000.00); or 

(iv) Is an employee, director or officer of the business; 

(e) Any representation or intervention for compensation by a person specified under 

Section 25-4-25(a) and (d) for any person or business before any authority of state or 

local government, excluding the courts; provided, however, that this provision shall not 

apply where the representation involves only uncontested or routine matters. The 

statement shall identify the person represented and the nature of the business involved; 

and 

(f) The filing party shall list all public bodies from which he or a household member 

received compensation in excess of One Thousand Dollars ($ 1,000.00). 

HISTORY: SOURCES: Laws, 1979, ch. 508, 5 9; reenacted and amended, Laws, 1982, 

ch. 488, 5 15; Laws, 1984, ch. 488, 5 170; reenacted, Laws, 1986, ch. 348, 5 15; 

reenacted, Laws, 1990, ch. 491 ; Laws, 1995, ch. 360, 5 15; reenacted without change, 

Laws, 1998, ch. 350, 15; Laws, 2008, ch. 562, 5 8, eff August 5,2008 (the date the 

United States Attorney General interposed no objection under Section 5 of the Voting 

Rights Act of 1965, to the amendment of this section.) 

5 25-4-29. Filing dates for statements 

(I) Required statements hereunder shall be filed as follows: 

(a) Every incumbent public official required by paragraphs (a), (b), (d) and (e) of Section 

25-4-25 to file a statement of economic interest shall file such statement with the 

commission on or before May 1 of each year that such official holds office, regardless of 

duration; 

(b) Candidates for office required to file a statement hereunder shall file such statement 

within fifteen (1 5) days after the deadline for qualification for that public office; 

(c) Persons who are required to file a statement because of appointment to fill a vacancy 

in an office or required to file under Section 25-4-25(d) and (e) shall file such statement 

within thirty (30) days of their appointment; 

(d) No person by reason of successful candidacy or assuming additional offices shall be 

required to file more than one (1) statement of economic interest in any calendar year, 

except such official shall notify the commission as soon as practicable of additional 

offices not previously reported; and 

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(e) The commission may, on an individual case basis, provide for additional time to file a 

statement upon a showing that compliance with a filing date set out under paragraph (a), 

(b), (c) or (d) above would work an unreasonable hardship. 

(2) Any person who fails to file a statement of economic interest within thirty (30) days 

of the date the statement is due shall be deemed delinquent by the commission. The 

commission shall give written notice of the delinquency to the person by United States 

mail or by personal service of process. If within fifteen (1 5) days of receiving written 

notice of delinquency the delinquent filer has not filed the statement of economic interest, 

a fine of Fifty Dollars ($ 50.00) per day, not to exceed a total fine of One Thousand 

Dollars ($ 1,000.00), shall be assessed against the delinquent filer for each day thereafter 

in which the statement of economic interest is not properly filed. The commission shall 

enroll such assessment as a civil judgment with the circuit clerk in the delinquent filer's 

county of residence. The comnlission may enforce the judgment for the benefit of the 

State General Fund for the support of the Mississippi Adequate Education Program in the 

same manner as is prescribed for other civil judgments. 

HISTORY: SOURCES: Laws, 1979, ch. 508, 5 10; reenacted and amended, Laws, 1982, 

ch. 488, 5 16; reenacted, Laws, 1986, ch. 348, 5 16; reenacted, Laws, 1990, ch. 491 ; 

Laws, 1995, cl~. 360, 5 16; reenacted without change, Laws, 1998, ch. 350, 5 16; Laws, 

2008, ch. 562, 5 10, eff August 5,2008 (the date the United States Attorney General 

interposed no objection under Section 5 of the Voting Rights Act of 1965, to the 

amendment of this section); Laws, 20 1 1, ch. 488, tj I, eff from and after July 1,20 1 1. 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS 

CHAPTER 4. ETHICS IN GOVERNMENT 

ARTICLE 3. CONFLICT OF INTEREST; IMPROPER USE OF OFFICE 

Miss. Code Ann. 5 25-4-25 (2011) 

5 25-4-101. Declaration of public policy 

The Legislature declares that elective and public office and employment is a 

public trust and any effort to realize personal gain through official conduct, other than as 

provided by law, or as a natural consequence of the employment or position, is a 

violation of that trust. Therefore, public servants shall endeavor to pursue a course of 

conduct which will not raise suspicion among the public that they are likely to be 

engaged in acts that are in violation of this trust and which will not reflect unfavorably 

upon the state and local governments. 

HISTORY: SOURCES: Laws, 1983, ch. 469, 5 1, eff from and after July 1, 1983. 

5 25-4-103. Definitions 

The following definitions apply in this article unless the context otherwise 

requires: 

2006 PM2.6 Infrastructure SIP, 1 lOa2Eii 

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(a) "Authority" means any component unit of a governmental entity. 

(b) "Benefit" means any gain or advantage to the beneficiary, including any 

gain or advantage to a third person pursuant to the desire or consent of the beneficiary. 

(c) "Business" means any corporation, partnership, sole proprietorship, firm, 

enterprise, franchse, association, organization, holding company, self-employed 

individual, joint-stock company, receivership, trust or other legal entity or undertaking 

organized for economic gain, a nonprofit corporation or other such entity, association or 

organization receiving public funds. 

(d) "Business with which he is associated" means any business of which a 

public servant or his relative is an officer, director, owner, partner, employee or is a 

holder of more than ten percent (10%) of the fair market value or from which he or his 

relative derives more than Two Thousand Five Hundred Dollars ($ 2,500.00) in annual 

income or over which such public servant or his relative exercises control. 

(e) "Compensation" means money or thing of value received, or to be 

received, from any person for services rendered. 

(f) "Contract" means: 

(i) Any agreement to which the government is a party; or 

(ii) Any agreement on behalf of the government which involves the 

payment of public funds. 

(g) "Government" means the state and all political entities thereof, both 

collectively and separately, including, but not limited to: 

(i) Counties; 

(ii) Municipalities; 

(iii) All school districts; 

(iv) All courts; and 

(v) Any department, agency, board, commission, institution, 

instrumentality, or legislative or administrative body of the state, counties 

or municipalities created by statute, ordinance or executive order including 

all units that expend public funds. 

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(h) "Governmental entity" means the state, a county, a municipality or any 

other separate political subdivision authorized by law to exercise a part of the sovereign 

power of the state. 

(i) "Income" means money or thing of value received, or to be received, from 

any source derived, including, but not limited to, any salary, wage, advance, payment, 

dividend, interest, rent, forgiveness of debt, fee, royalty, commission or any combination 

thereof. 

Cj) "Intellectual property" means any formula, pattern, compilation, program, 

device, method, technique or process created primarily as a result of the research effort of 

an employee or employees of an institution of higher learning of the State of Mississippi. 

(k) "Material financial interest" means a personal and pecuniary interest. 

direct or indirect, accruing to a public servant or spouse, either individually or in 

combination with each other. Notwithstanding the foregoing, the following shall not be 

deemed to be a material financial interest with respect to a business with which a public 

servant may be associated: 

(i) Ownership of any interest of less than ten percent (1 0%) in a 

business where the aggregate annual net income to the public servant 

therefrom is less than One Thousand Dollars ($ 1,000.00); 

(ii) Ownership of any interest of less than two percent (2%) in a 

business where the aggregate annual net income to the public servant 

therefrom is less than Five Thousand Dollars ($ 5,000.00); 

(iii) The income as an employee of a relative if neither the public 

servant or relative is an officer, director or partner in the business and any 

ownership interest would not be deemed material pursuant to 

subparagraph (i) or (ii) herein; or 

(iv) The income of the spouse of a public servant when such spouse is 

a contractor, subcontractor or vendor with the governmental entity that 

employs the public servant and the public servant exercises no control, 

direct or indirect, over the contract between the spouse and such 

governmental entity. 

(1) "Pecuniary benefit" means benefit in the form of money, property, commercial 

interests or anything else the primary significance of which is economic gain. Expenses 

associated with social occasions afforded public servants shall not be deemed a pecuniary 

benefit. 

(m) "Person" means any individual, firm, business, corporation, association, 

partnership, union or other legal entity, and where appropriate a governmental entity. 

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(n) "Property" means all real or personal property. 

(0) "Public funds" means money belonging to the government. 

(p) "Public servant" means: 

(i) Any elected or appointed official of the government; 

(ii) Any officer, director, commissioner, supervisor, chief, head, agent 

or employee of the government or any agency thereof, or of any public 

entity created by or under the laws of the State of Mississippi or created by 

an agency or governmental entity thereof, any of which is funded by 

public funds or which expends, authorizes or recommends the use of 

public funds; or 

(iii) Any individual who receives a salary, per diem or expenses paid in 

whole or in part out of funds authorized to be expended by the 

government. 

(q) "Relative" means: 

(i) The spouse of the public servant; 

(ii) The child of the public servant; 

(iii) The parent of the public servant; 

(iv) The sibling of the public servant; and 

(v) The spouse of any of the relatives of the public servant specified in 

subparagraphs (ii) through (iv). 

(r)"SecuritiesW means stocks, bonds, notes, convertible debentures, warrants, 

evidences of debts or property or other such documents. 

HISTORY: SOURCES: Laws, 1983, ch. 469, 5 2 [See Editor's Note below]; Laws, 1991, 

ch. 572 5 1; Laws, 1992, ch. 530, $9; Laws, 2008, ch. 562, 5 12, eff August 5,2008 (the 

date the United States Attorney General interposed no objection under Section 5 of the 

Voting Rights Act of 1965, to the amendment of this section.) 

5 25-4-105. Certain actions, activities and business relationships prohibited or 

authorized; contracts in violation of section voidable; penalties 

(1) No public servant shall use his official position to obtain, or attempt to 

obtain, pecuniary benefit for himself other than that compensation provided for by law, or 

2006 PM2.6 Infrastructure SIP, I lOa2Eii 

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to obtain, or attempt to obtain, pecuniary benefit for any relative or any business with 

which he is associated. 

(2) No public servant shall be interested, directly or indirectly, during the term 

for which he shall have been chosen, or within one (I) year after the expiration of such 

term, in any contract with the state, or any district, county, city or town thereof, 

authorized by any law passed or order made by any board of which he may be or may 

have been a member. 

(3) No public servant shall: 

(a) Be a contractor, subcontractor or vendor with the governmental 

entity of which he is a member, officer, employee or agent, other than in 

his contract of employment, or have a material financial interest in any 

business which is a contractor, subcontractor or vendor with the 

governmental entity of which he is a member, officer, employee or agent. 

(b) Be a purchaser, direct or indirect, at any sale made by him in his 

official capacity or by the governmental entity of which he is an officer or 

employee, except in respect of the sale of goods or services when provided 

as public utilities or offered to the general public on a uniform price 

schedule. 

(c) Be a purchaser, direct or indirect, of any claim, certificate, warrant 

or other security issued by or to be paid out of the treasury of the 

governmental entity of which he is an officer or employee. 

(d) Perform any service for any compensation during his term of office 

or employment by which he attempts to influence a decision of the 

authority of the governmental entity of which he is a member. 

(e) Perform any service for any compensation for any person or 

business after termination of his office or employment in relation to any 

case, decision, proceeding or application with respect to which he was 

directly concerned or in which he personally participated during the period 

of his service or employment. 

(4) Notwithstanding the provisions of subsection (3) of this section, a public 

servant or his relative: 

(a) May be an officer or stockholder of banks or savings and loan 

associations or other such financial institutions bidding for bonds, notes or 

other evidences of debt or for the privilege of keeping as depositories the 

public funds of a governmental entity thereof or the editor or employee of 

any newspaper in which legal notices are required to be published in 

respect to the publication of said legal notices. 

2006 PM2.6 Iufrastructure SIP. 1 lOa2Eii 

Draft, July 16,20 12 
(b) May be a contractor or vendor with any authority of the 

governmental entity other than the authority of the governmental entity of 

which he is a member, officer, employee or agent or have a material 

financial interest in a business which is a contractor or vendor with any 

authority of the governmental entity other than the authority of the 

governmental entity of which he is a member, officer, employee or agent 

where such contract is let to the lowest and best bidder after competitive 

bidding and three (3) or more legitimate bids are received or where the 

goods, services or property involved are reasonably available from two (2) 

or fewer commercial sources, provided such transactions comply with the 

public purchases laws. 

(c) May be a subcontractor with any authority of the governmental 

entity other than the authority of the governmental entity of which he is a 

member, officer, employee or agent or have a material financial interest in 

a business which is a subcontractor with any authority of the governmental 

entity other than the authority of the governmental entity of which he is a 

member, officer, employee or agent where the primary contract is let to 

the lowest and best bidder after competitive bidding or where such goods 

or services involved are reasonably available from two (2) or fewer 

commercial sources, provided such transactions comply with the public 

purchases laws. 

(d) May be a contractor, subcontractor or vendor with any authority of 

the governmental entity of which he is a member, officer, employee or 

agent or have a material financial interest in a business which is a 

contractor, subcontractor or vendor with any authority of the governmental 

entity of which he is a member, officer, employee or agent: (i) where such 

goods or services involved are reasonably available from two (2) or fewer 

commercial sources, provided such transactions comply with the public 

purchases laws; or (ii) where the contractual relationship involves the 

further research, development, testing, promotion or merchandising of an 

intellectual property created by the public servant. 

(e) May purchase securities issued by the governmental entity of 

which he is an officer or employee if such securities are offered to the 

general public and are purchased at the same price as such securities are 

offered to the general public. 

(f) May have an interest less than a material financial interest in a 

business which is a contractor, subcontractor or vendor with any 

governmental entity. 

(g) May contract with the Mississippi Veteran's Home Purchase 

Board, Mississippi Housing Finance Corporation, or any other state loan 

2006 PM2.6 Infrastmcture SIP. 1 lOa2Eii 

Draft, July 16,2012 
program, for the purpose of securing a loan; however, public servants shall 

not receive favored treatment. 

(h) May be employed by or receive compensation from an authority of 

the governmental entity other than the authority of the governmental entity 

of which the public servant is an officer or employee. 

(i) If a member of the Legislature or other public servant enlployed on 

less than a full-time basis, may represent a person or organization for 

compensation before an authority of the governmental entity other than an 

authority of the governmental entity of which he is an officer or employee. 

(j) If a constable, may be employed and receive compensation as a 

deputy sheriff or other employee of the county for which he serves as 

constable. 

(5) No person may intentionally use or disclose information gained in the 

course of or by reason of his official position or employment as a public servant in any 

way that could result in pecuniary benefit for himself, any relative, or any other person, if 

the information has not been communicated to the public or is not public information. 

(6) Any contract made in violation of this section may be declared void by the 

governing body of the contracting or selling authority of the governmental subdivision or 

a court of competent jurisdiction and the contractor or subcontractor shall retain or 

receive only the reasonable value, with no increment for profit or commission, of the 

property or the services furnished prior to the date of receiving notice that the contract 

has been voided. 

(7) Any person violating the provisions of this section shall be punished as 

provided for in Sections 25-4- 109 and 25-4- 1 1 1. 

HISTORY: SOURCES: Laws, 1983, ch. 469, 5 3; Laws, 1988, ch. 546, 5 4; Laws, 1992, 

ch. 530, 5 10; Laws, 1994, ch. 586, 5 1; Laws, 1998, ch. 490, 5 1; Laws, 2000, ch. 578, 5 

2; Laws, 2008, ch. 562, 5 13, eff August 5,2008 (the date the United States Attorney 

General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the 

amendment of this section.) 

2006 PM2.6 Infrastructure SIP, 1 lOa2Eii 

Drati, July 16.2012 
RllSSlSSlPPI ETHIC'S COMMISSION 

ADVISORY OPINION NO. 95-042-E 

May 5,1995 

This Advisory Opinion concerns the following issue as formulated from 

facts and/or circumstances furnished by a requestor. The opinion is based solely 

on the facts and circumstances as stated below and was approved by the 

Commission on May 5, 1995. 

Are the Mississippi Ethics in Government laws violated if 

certain member(s) of a state commission that is required by 

state laws to be composed in part by representatives of the 

industries or other interest groups the state commission 

regulates should: 

Issue 1. vote on regulations before the state commission 

that generally affect their particular industry or user group; 

Issue 2. vote on regulations before the state commission 

that specifically affect or restrict their personal company or 

business; 

Issue 3. vote on licensing restrictions and other regulations 

that affect their particular industry or user group; and 

Issue 4. vote on permits for certain projects in close 

proximity to commission members' residences but which 

they have no financial interest? 

The Mississippi Ethics Commission is restricted to interpreting and 

issuing opinions on Sections 25-4-1 01 through 25-4-1 19, 1972 Mississippi 

Code Annotated and Article IV, Section 109, Mississippi Constitution of 

1890. Therefore, Mississippi laws outside the jurisdiction of the 

Colnrnission and internal rules and regulations of the state governmental 

entity are not addressed by this opinion. 

The pertinent conflict of interest laws to be considered here are: 

Constitutional Section 109 states: 

"No public officer or member of the legislature shall be 

interested, directly or indirectly, in any contract with the 

state, or any district, county, city, or town thereof 

authorized by any law passed or order made by any board 

of which he may be or may have been a member, during 

the term for which he shall have been chosen, or within one 

year after the expiration of such term." 

Code Section 25-4-103(c), (d), (f)(i)(ii), (g)(v), (h), (I), (m) 

and (p)(i)(ii)(iii) states: 

2006 PM2.6 Infrastructure SIP, 1 IOa2Eii 

Draft. July 16,20 12 
"(c) 'Business' means any corporation, partnership, sole 

proprietorship, firm, enterprise, franchise, association, 

organization, holding company, self-employed individual, 

joint stock company, receivership, trust or other legal entity 

or undertaking organized for economic gain, a non-profit 

corporation or other such entity, association or organization 

receiving public funds. 

(d) 'Business with which he is associated' means any 

business of which a public servant or his relative is an 

officer, director, owner, partner, employee or is a holder of 

more than ten percent (1 0%) of the fair market value or 

from which he or his relative derives more than One 

Thousand Dollars ($1,000.00) in annual income or over 

which such public servant or his relative exercises control. 

(f) 'Contract' means: 

(i) Any agreement to which the government 

is a party; or 

(ii) Any agreement on behalf of the 

government which involves the payment of 

public funds. 

(g) 'Governmental' means the state and all political entities 

thereof, both collectively and separately, including but not 

limited to: 

(v) Any department, agency, board, con~mission, 

institution, instrumentality, or legislative or administrative 

body of the state, counties or municipalities created by 

statute, ordinance or executive order including all units that 

expend public funds. 

(h) 'Governmental entity' means the state, a county, a 

municipality or any other separate political subdivision 

authorized by law to exercise a part of the sovereign power 

of the state. 

(1) 'Pecuniary benefit' means benefit in the form of money, 

property, commercial interests or anything else the primary 

significance of which is economic gain. Expenses 

associated with social occasions afforded public servants 

shall not be deemed a pecuniary benefit. 

(m) 'Person' means any individual, firm, business, 

corporation, association, partnership, union or other legal 

entity, and where appropriate a governmental entity. 

(p) 'Public servant' means: 

2006 PM2.6 Infrastructure SIP, I lOa2Eii 

Draft, July 16,2012 
(i) Any elected or appointed official of the 

government; 

(ii) Any officer, direct or indirect, 

commissioner, supervisor, chief head, agent 

or employee of the government or any 

agency thereof or of any public entity 

created by or under the laws of the State of 

Mississippi or created by an agency or 

governmental entity thereof any of which is 

funded by public hnds; or 

(iii) Any individual who receives a salary, 

per diem or expenses paid in whole or in 

part out of funds authorized to be expended 

by the government." 

Code Section 25-4-105(1), (2) and (5) states: 

"(1) No public servant shall use his official position to 

obtain pecuniary benefit for himself other than that 

compensation provided for by law, or to obtain pecuniary 

benefit for any relative or any business with which he is 

associated. 

(2) No public servant shall be interested, directly or 

indirectly, during the term for which he shall have been 

chosen, or withm one (1) year after the expiration of such 

term, in any contract with the state, or any district, county, 

city or town thereof authorized by any law passed or order 

made by any board of which he may be or may have been a 

member 

(5) No person may intentionally use or disclose information 

gained in the course of or by reason of his official position 

or employment as a public servant in any way that could 

result in pecuniary benefit for himself any relative, or any 

other person, if the information has not been communicated 

to the public or is not public information." 

Pertinent facts and circumstances provided by the requestor, absent 

identifying data, are set forth as follows and considered part of this 

opinion. 

The Mississippi Legislature established a seven (7) person State 

Commission on a certain resource industry. The enabling legislation 

provides that the commission shall be composed as follows: 

(i) One (1) member shall be a processor in the resource 

industry. 

(ii) One (1) member shall be a commercial provider in the 

resource industry. 

2006 PM2.6 Infrastructure SIP. 1 lOa2Eii 

Draft, July 16,2012 
(iii) One (1) member shall be a recreational provider in the 

resource industry. 

(iv) One (1) member shall be an operator of recreational 

equipment in the resource industry. 

(v) One (1) member shall be a member of an incorporated 

non-profit environmental organization. 

(vi) One (1) member shall be from outside the resource 

industry. 

(vii) The member of the state commission related to the 

resource industry. 

The enabling legislation provides for the representation of 

various user groups that are financially interested in the 

collecting and regulation of this resource industry. 

Several commissioners have pondered the ethics of 

commissioners voting on regulations that may affect their 

particular user groups. For instance, can the commissioner 

who is a processor vote on issues affecting the commercial 

collection of the resources? Can he do so even when it 

involves the collection of a particular resource that his 

company processes or restricts the area or manner in which 

his company collects resources? 

Can the commissioner who is our operator of recreational 

equipment vote on matters affecting such operations? Can 

he vote on licencing restrictions or other proposed 

regulations that may affect his industry? 

Can the commissioner who is a commercial provider vote 

on regulations that affect the commercial collection of these 

resources? The current commissioner that is a commercial 

provider holds commercial licenses for two particular 

resources. A recent matter before the state commission 

would have restricted commercial operations in an area 

where this commissioner commercially collects these 

resources. Was he faced with a conflict of interest that 

should have prevented him from participating in the state 

commission's vote on this matter? Is he ethically prohibited 

from voting on all proposals that would affect his ability to 

collect these two particular resources? 

Several months ago the state commission considered the 

issuance of a permit for a project that was located near the 

homes of some of the commissioners. The commissioners 

had no financial interest in the project but the applicant 

requested that they not participate in the vote on the matter 

because of the proximity of their residences to the proposed 

2006 PM2.6 Infrastructure SIP. I lOa2Eii 

Draft, July 16,2012 
project. Is there any ethical restriction that would require 

the commissioners to recuse themselves from participating 

in the permitting decision? 

At what point are these commissioners confronted with a 

conflict of interest? 

The state commission's enabling legislation gives it broad powers 

and duties to adopt, amend and repeal rules and regulations for operation 

of the commission and its related state department, as well as, formulating 

and implementing the state's policy related to the subject resource 

industry. Therefore, the state commission clearly does not serve in an 

advisory function but instead carries out a policy making function. 

The Conlmission formally adopts Advisory Opinion No. 92-093-E in 

response to this request and by attachment incorporates it into this opinion. 

The primary consideration when considering a policy making board 

is whether a member(s) voting on any one of the four issues presented 

above would result in an application of the above cited Constitutional 

Section 109 and Code Section 25-4-105(2). Neither of these laws apply 

without an authorization of a contract by the member's board. 

Based solely on the facts and circumstances presented by the 

requestor, the Commission finds that a member(s) voting on any one of 

the four issues presented above does not result in an authorization of a 

contract. 

The requestor is cautioned to advise the state commission members 

that it is foreseeable considering the broad authority given the state 

commission that an issue may at some point come before them that 

directly or indirectly authorizes a governmental contract that a member(s) 

may have an interest. In such a case, that member' s(sl) recusal will not 

prevent a violation of Constitutional Section 109 or Code Section 25-4- 

105(2). 

In other words, simply being a commission member constitutes a 

violation regardless of voting or not voting if the interest being voted on is 

in a contract prohibited by Constitutional Section 109. 

Notwithstanding the above, the state commission members because 

of the legally required composition of their conmission should be keenly 

aware of Code Section 25-4-105(1) and (5), set forth above. 

The requestor should advise the state commission members to not 

use their official positions to obtain a pecuniary benefit for themselves, 

their relatives or any business with which they are associated in violation 

of Code Section 25-4-105(1). 

2006 PM2.6 Infrastructure SIP, 1 lOa2Eii 

Draft, July 16,2012 
Public servants must keep the performance of their official duties 

entirely separate and distinct from any private interests. In order for the 

private interests to remain separate and distinct, public servants must 

recuse themselves from discussing or acting on any subject matter in 

which they have a pecuniary interest. 

A proper recusal occurs when the public servant totally removes 

himself or herself from the pertinent matter by not officially or 

unofficially taking part or action regarding the subject matter and leaves 

the room or area where such discussions, considerations or actions take 

place. The minutes of the state commission should state that the member 

left the meeting by showing him or her absent for that matter. 

A commission member(s) should not vote on or take part in a matter 

concerning regulations or licencing restrictions that would affect the 

pecuniary interest and/or benefit of the commission member, a relative or 

a business in which he or she is associated. 

However, a member voting on regulations and licensing restrictions 

that are general in nature and that, in fact, equally affect, both theoretically 

and practically, everyone within the member's industry or user group 

would not be construed as a use of official position to obtain a pecuniary 

benefit. 

Code Section 25-4-105(5) prohibits the intentional use or disclosure 

of non-public information gained by reason of one's official position that 

could result in a pecuniary benefit for the public servant, a relative or any 

other person. Person in this instance includes any individual, firm, 

business, corporation, association, partnership, union or other legal entity. 

Ronald E. Crowe 

Executive Director 

2006 PM2.6 Infrastructure SIP. 1 lOa2Eii 

Dratt, July 16,2012 
State Constitution of Mississippi, Section 109: Interest of public officer in contracts. 

No public officer or member of the Legislature shall be interested, directly or indirectly, 

in any contract with the State, or any district, county, city, or town thereof, authorized by 

any law passed or order made by any board of which he may be or may have been a 

member, during the term for which he shall have been chosen, or within one year after 

the expiration of such term. 

2006 PM2.6 Infrastructure SIP, 1 lOa2Eii 

Draft, July 16, 2012 
Public Notice 

Mississippi Commission on Environmental Quality 

P. 0. Box 2261 

Jackson, MS 39225 

Telephone No. (601) 961-5 171 

Public Notice Start Date: July 16, 2012 

Deadline for Comment: August 15,2012 

MDEQ Contact: Jerry Beasley 

Please take note that the Mississippi Commission on Environmental Quality ("Commission") is 

providing draft information for comment regarding the Mississippi Certification that the State 

Implementation Plan for the Control of Air Pollution is adequate to comply with the 

requirements of Section 1 lO(a)(2)(E)(ii) of the Federal Clean Air Act as it pertains to the 2006 

National Ambient Air Quality Standards for Fine Particulate Matter (PM2.5) as promulgated by 

the U.S. Environmental Protection Agency (EPA). Furthermore, the Commission is considering 

a Revision to the State Implementation Plan for the Control of Air Pollution (SIP Revision) to 

add provisions of state law and the state constitution to the SIP as it pertains to the requirements 

of Section 1 lO(a)(2)(E)(ii) and Section 128(a)(l) & (2) of the Federal Clean Air Act. 

Copies of the Draft Certification and Proposed SIP Revision may be obtained by writing or 

calling Joanne Rmls at the address and telephone number listed above. The Draft Certification 

and Proposed SIP Revision are also available for public review from Monday, July 16, 2012, 

through Wednesday, August 15, 2012, at the main branch of public libraries in cities of Gulfport, 

Jackson, and Tupelo. For those persons with internet access, the Draft Certification and 

Proposed SLP Revision may be found on the Mississippi Department of Environmental Quality's 

website at http://www.deq.state.ms.us by clicking on Programs; Air Quality; New Information. 

Persons wishing to comment on the draft certification and proposed SIP Revision are invited to 

submit comments in writing to Jerry Beasley at the Commission's address shown above, no later 

than 5:00 p.m. on Wednesday, August 15, 2012. All comments received by this date will be 

considered in preparation of the fmal submission to EPA. A public hearing may be held if the 

Commission finds a significant degree of public interest in the Draft Certification and Proposed 

SIP Revision. 

Please bring the foregoing to the attention of persons whom you know will be interested. 

2006 PM2.5 Infrastructure SIP public notice.doc 

July 16, 2012 
MISSISSIPPI 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF POLLUTION CONTROL 

PROPOSED 

STATE IMPLEMENTATION PLAN (SIP) 

REVISION 

TO ADD PROVISIONS OF STATE LAW AND THE STATE CONSTITUTION TO THE 

SIP AS IT PERTAINS TO THE REQUIREMENTS OF SECTION 1 lO(A)(2)(E)(II) AND 

SECTION 128(A)(1) & (2) OF THE FEDERAL CLEAN AIR Act. 

Public comment period begins July 16,2012 

Public comment period ends August 15,2012 
TABLE OF CONTENTS 

Introduction: State Implementation Plan (SIP) Revision RegardingJo add provisions 

of state law and the state constitution to the SIP as it pertains to the requirements of 

Section 1 lO(a)(2)(E)(ii) and Section 128(a)(l) & (2) of the Federal Clean Air Act. 

Notification of Public Hearing for the SIP Revision 

Legal Authority for the SIP Revision 

Control Strategy for the SIP Revision 

Control Regulations for the SIP Revision 

Health Effects of the SIP Revision 

Economic Effects of the SIP Revision 

Social Effects of the SIP Revision 

Air Quality Effects of the SIP Revision 

Appendix A- 1 0 State Ethics Law as of July 1, 201 1 and Mississippi Ethics Commission 

Advisory Opinion No. 95-042-E, May 5, 1995 

Appendix A- 1 1 State Constitution Provisions as of July 1, 201 1 

M~sslsslppi SIP Revision - Ethics 

July 16, 2012 
1.53 Introduction: State Implementation Plan ('SIP) Revision to add provisions of state law and 

the state constitution to the SP as it pertains to the requirements of Section 1 lO(a)(2)(E)(ii) 

and Section 128(a)(l) & (2) of the Federal Clean Air Act. 

The purpose of this SIP Revision is to address the state SIP infrastructure requirements of 

Section 110(a)(2)(E)(ii) and Sections 128(a)(l) & (2) of the Federal Clean Air Act regarding 

ethics requirements of the state environmental control commission and state permit board. 

Provisions of state law as well as provisions of the state constitution are being added to the 

Mississippi SIP. These provisions are included in Appendix A-10 and A-1 1 of this SIP 

Revision. 

Mississippi SIP Revision - Ethics 

July 16,2012 
1.54 Notification of Public Comment Period for this SIP Revision. 

Public participation on the SIP revision was achieved by a public notice announcing a 30- 

day public comment period beginning on July 16, 2012, and ending on August 15, 2012. 

The notice for public hearing was published consistent with procedures approved by EPA 

The public notice is to be published on July 16, 2012, in daily newspapers in the cities of 

Gulfport, Jackson, and Tupelo in the State of Mississippi. The public notice and the 

proposed SIP revision, will be available for public review in the main branches of the public 

libraries in the above mentioned cities and at the Mississippi Department of Environmental 

Quality, 515 E. Amite St., Jackson, Mississippi, 39201 and also will be available on the 

Department's website http://www.dey.state.ms.us 

The public notice follows this page. 

Mississippi SIP Revision - Ethics 

July 16,2012 
Public Notice 

Mississippi Commission on Environmental Quality 

P. 0. Box 2261 

Jackson, MS 39225 

Telephone No. (601) 961 -5 171 

Public Notice Start Date: July 16, 2012 

Deadline for Comment: August 15, 2012 

MDEQ Contact: Jerry Beasley 

Please take note that the Mississippi Commission on Environmental Quality ("Commission") is 

providing draft information for comment regarding the Mississippi Certification that the State 

Implementation Plan for the Control of Air Pollution is adequate to comply with the requirements of 

Section 110(a)(2)(E)(ii) of the Federal Clean Air Act as it pertains to the 2006 National Ambient Air 

Quality Standards for Fine Particulate Matter (PM2.5) as promulgated by the U.S. Environmental 

Protection Agency (EPA). Furthermore, the Commission is considering a Revision to the State 

Implementation Plan for the Control of Air Pollution (SIP Revision) to add provisions of state law 

and the state constitution to the SIP as it pertains to the requirements of Section 1 10(a)(2)(E)(ii) and 

Section 128(a)(l) & (2) of the Federal Clean Air Act. 

Copies of the Draft Certification and Proposed SIP Revision may be obtained by writing or calling 

Joanne Rials at the address and telephone number listed above. The Draft Certification and Proposed 

SIP Revision are also available for public review fkom Monday, July 16,20 12, through Wednesday, 

August 15,2012, at the main branch of public libraries in cities of Gulfport, Jackson, and Tupelo. 

For those persons with internet access, the Draft Certification and Proposed SIP Revision may be 

found on the Mississippi Department of Environmental Quality's website at 

http://www.deq.state.ms.us by clicking on Programs; Air Quality; New Information. 

Persons wishing to comment on the draft certification and proposed SIP Revision are invited to 

submit comments in writing to Jerry Beasley at the Commission's address shown above, no later 

than 5:00 p.m. on Wednesday, August 15, 2012. All comments received by this date will be 

considered in preparation of the fmal submission to EPA. A public hearing may be held if the 

Commission finds a significant degree of public interest in the Draft Certification and Proposed SIP 

Revision. 

Please bring the foregoing to the attention of persons whom you know will be interested. 

Mississippi SIP Revision - Ethics 

July 16,2012 
Legal Author& for the SIP Revision 

No legislative actions are needed concerning this SIP revision. The State of Mississippi Air 

& Water Pollution Control Law, Section 49-17-1 to 49-17-43, Mississippi Code of 1972, 

gives the Commission on Environmental Quality the necessary legal authority to adopt and 

implement this SIP revision. The State act (as of July 1,201 1) Mississippi Code Annotated, 

Section 49-1 7- 13(3) designates the Commission as the State air pollution control agency for 

all purposes of the federal pollution control legislation and programs and take all actions 

necessary thereto. The state air pollution control law as of July 1, 201 1, is included in 

Appendix A-9 of the Mississippi State Implementation Plan. 

Mississippi SIP Revision - Eth~cs 

July 16, 2012 
5.22 Control Strategy for the SIP Revision 

No control strategy is required for this SIP Revision. 

Mississippi SIP Revision - Ethics 

July 16,2012 
6.26 Control Regulations for the SIP Revision 

No amendments to state regulations are required for this SIP revision. 

Mississippi SIP Revision -Ethics 

July 16,2012 
14.1.21 Health Effects of the SIP Revision 

No adverse health effects are expected to be caused by this SIP revision. 

Mississippi SIP Revision - Ethics 

July 16,2012 
14.3.21 Economics Effects of the SIP Revision 

No adverse economic effects due to ths SIP revision are foreseen. 

Mississippi SIP Revision - Ethics 

July 16, 2012 
14.5.21 Social Effects of the SP Revision 

No adverse social effects are foreseen as a result of this SIP revision. 

Mississ~ppi SIP Revision - Ethlcs 

July 16,2012 
14.6.21 Air Quality Effects of the SIP Revision 

This SIP revision will not have any adverse air quality effects. 

Mississ~pp~ SIP Revision -Ethics 

July 16, 2012 
MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF POLLUTION CONTROL 

STATE IMPLEMENTATION PLAN REVISION 

APPENDIX A-1 0 

STATE ETHICS LAW AS OF JULY 1,2011 

AND 

MISSISSIPPI ETHICS COMMISSION ADVISORY OPINION NO. 95-042-E 

Mississippi SIP Revision - Ethics 

July 16,2012 
MISSISSIPPI CODE of 1972 

*** Current through the 2011 Regular Session and 1st Extraordinary Session *** 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS 

CHAPTER 4. ETHICS IN GOVERNMENT 

Miss. Code Ann. 5 25-4-25 through $25-2-29, and 5 25-4-101 through 5 25-4-105 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS 

CHAPTER 4. ETHICS IN GOVERNMENT 

ARTICLE 1. MISSISSIPPI ETHICS COMMISSION 

Miss. Code Ann. 5 25-4-25 (2011) 

9 25-4-25. Persons required to file statement of economic interest 

Each of the following individuals shall file a statement of economic interest with the commission 

in accordance with the provisions of this chapter: 

(a) Persons elected by popular vote, excluding United States Senators and United States 

Representatives, to any office, whether it be legislative, executive or judicial, and whether it be 

statewide, district, county, municipal or any other political subdivision, with the exception of 

members of boards of levee commissioners and election commissioners; 

(b) Members of local school boards that administer public funds, regardless of whether such 

members are elected or appointed; 

(c) Persons who are candidates for public office or who are appointed to fill a vacancy in an 

office who, if elected, would be required to file under paragraph (a) of this section; 

(d) Executive directors or heads of state agencies, by whatever name they are designated, who 

are paid in part or in whole, directly or indirectly, from funds appropriated or authorized to be 

expended by the Legislature, and the presidents and trustees of all state-supported colleges, 

universities and junior colleges; 

(e) Members of any state board, commission or agency, including the Mississippi Ethics 

Commission, charged with the administration or expenditure of public funds, with the exception 

of advisory boards or commissions; provided, however, in order to fulfill the legislative purposes 

of this chapter, the commission may require, upon a majority vote, the filing of a statement of 

economic interest by members of an advisory board or commission; 

(0 Executive directors, heads, or members of any board, committee, commission or council of 

any of the following entities, by whatever name designated: 

(i) An economic development district established pursuant to Title 19, Chapter 5, Mississippi 

Code of 1972; 

Mississippi SIP Revision - Ethics 

July 16,2012 
(ii) Any entity created pursuant to the Regional Economic Development Act, Title 57, Chapter 

64, Mississippi Code of 1972; 

(iii) Any county development commission established pursuant to Title 59, Chapter 9, 

Mississippi Code of 1972; 

(iv) Any industrial council established pursuant to Title 57, Chapter 32, Mississippi Code of 

1972; or 

(v) An airport authority established pursuant to statute or other legislative act. 

HISTORY: SOURCES: Laws, 1979, ch. 508, 5 8; reenacted and amended, Laws, 1982, ch. 488, 

5 14; reenacted, Laws, 1986, ch. 348, 5 14; reenacted, Laws, 1990, ch. 491; Laws, 1995, ch. 360, 

5 14; reenacted without change, Laws, 1998, ch. 350, 5 14; Laws, 2008, ch. 562, S 7, eff August 

5, 2008 (the date the United States Attorney General interposed no objection under Section 5 of 

the Voting Rights Act of 1965, to the amendment of this section.) 

5 25-4-27. Contents of statement of economic interest 

Each person specified under Section 25-4-25 shall file a statement in accordance with the 

provisions of ths chapter in the manner and format prescribed by the commission which shall be 

certified as to the accuracy and completeness of the information set forth to the best knowledge 

of the person submitting the statement. The commission shall develop a system of electronic 

filing for use by persons required to file a statement of economic interest. The commission shall 

implement the electronic filing system on or before January 1, 2010. Any person required to file 

with the commission shall file electronically on and after January 1, 2010. The statement shall 

include the following information for the preceding calendar year: 

(a) The name and mailing address of the filer; 

(b) The title, position and offices whereby the person is required to file; 

(c) All other occupations of the filer and his household members; 

(d) The names and addresses of all businesses in which the filer or a household member held a 

position, and the name of the position, if the person or a household member: 

(i) Receives more than Two Thousand Five Hundred Dollars ($2,500.00) per year in income 

from the business; 

(ii) Owns ten percent (10%) or more of the fair market value in the business; 

(iii) Owns an ownership interest in the business,the fair market value of which exceeds Five 

Thousand Dollars ($ 5,000.00); or 

(iv) Is an employee, director or officer of the business; 

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(e) Any representation or intervention for compensation by a person specified under Section 25- 

4-25(a) and (d) for any person or business before any authority of state or local government, 

excluding the courts; provided, however, that this provision shall not apply where the 

representation involves only uncontested or routine matters. The statement shall identify the 

person represented and the nature of the business involved; and 

(f) The filing party shall list all public bodies from which he or a household member received 

compensation in excess of One Thousand Dollars ($ 1,000.00). 

HISTORY: SOURCES: Laws, 1979, ch. 508, fj 9; reenacted and amended, Laws, 1982, ch. 488, 

$ 15; Laws, 1984, ch. 488, fj 170; reenacted, Laws, 1986, ch. 348, fj 15; reenacted, Laws, 1990, 

ch. 491; Laws, 1995, ch. 360, fj 15; reenacted without change, Laws, 1998, ch. 350, tj 15; Laws, 

2008, ch. 562, fj 8, eff August 5,2008 (the date the United States Attorney General interposed no 

objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.) 

3 25-4-29. Filing dates for statements 

(1) Required statements hereunder shall be filed as follows: 

(a) Every incumbent public official required by paragraphs (a), (b), (d) and (e) of Section 25-4- 

25 to file a statement of economic interest shall file such statement with the commission on or 

before May 1 of each year that such official holds office, regardless of duration; 

(b) Candidates for office required to file a statement hereunder shall file such statement within 

fifteen (1 5) days after the deadline for qualification for that public office; 

(c) Persons who are required to file a statement because of appointment to fill a vacancy in an 

office or required to file under Section 25-4-25(d) and (e) shall file such statement within thirty 

(30) days of their appointment; 

(d) No person by reason of successful candidacy or assuming additional offices shall be required 

to file more than one (1) statement of economic interest in any calendar year, except such official 

shall notify the commission as soon as practicable of additional offices not previously reported; 

and 

(e) The commission may, on an individual case basis, provide for additional time to file a 

statement upon a showing that compliance with a filing date set out under paragraph (a), (b), (c) 

or (d) above would work an unreasonable hardship. 

(2) Any person who fails to file a statement of economic interest within thirty (30) days of the 

date the statement is due shall be deemed delinquent by the commission. The commission shall 

give written notice of the delinquency to the person by United States mail or by personal service 

of process. If within fifteen (15) days of receiving written notice of delinquency the delinquent 

filer has not filed the statement of economic interest, a fine of Fifty Dollars ($ 50.00) per day, not 

to exceed a total fine of One Thousand Dollars ($ 1,000.00), shall be assessed against the 

delinquent filer for each day thereafter in which the statement of economic interest is not 

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properly filed. The commission shall enroll such assessment as a civil judgment with the circuit 

clerk in the delinquent filer's county of residence. The commission may enforce the judgment for 

the benefit of the State General Fund for the support of the Mississippi Adequate Education 

Program in the same manner as is prescribed for other civil judgments. 

HISTORY: SOURCES: Laws, 1979, ch. 508, 5 10; reenacted and amended, Laws, 1982, ch. 

488, fj 16; reenacted, Laws, 1986, ch. 348, 5 16; reenacted, Laws, 1990, ch. 491; Laws, 1995, ch. 

360, 5 16; reenacted without change, Laws, 1998, ch. 350, 5 16; Laws, 2008, ch. 562, 5 10, eff 

August 5,2008 (the date the United States Attorney General interposed no objection under 

Section 5 of the Voting Rights Act of 1965, to the amendment of this section); Laws, 201 1, ch. 

488, 5 1, eff from and after July 1,20 1 1. 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS 

CHAPTER 4. ETHICS IN GOVERNMENT 

ARTICLE 3. CONFLICT OF INTEREST; IMPROPER USE OF OFFICE 

Miss. Code Ann. 5 25-4-25 (201 1) 

5 25-4-101. Declaration of public policy 

The Legislature declares that elective and public office and employment is a public trust 

and any effort to realize personal gain through official conduct, other than as provided by law, or 

as a natural consequence of the employment or position, is a violation of that trust. Therefore, 

public servants shall endeavor to pursue a course of conduct which will not raise suspicion 

among the public that they are likely to be engaged in acts that are in violation of this trust and 

which will not reflect unfavorably upon the state and local governments. 

HISTORY: SOURCES: Laws, 1983, ch. 469, 5 1, eff from and after July 1, 1983. 

5 25-4-103. Definitions 

The following definitions apply in this article unless the context otherwise requires: 

(a) "Authority" means any component unit of a governmental entity. 

(b) "Benefit" means any gain or advantage to the beneficiary, including any gain or 

advantage to a third person pursuant to the desire or consent of the beneficiary. 

(c) llB~~ine~~lt means any corporation, partnership, sole proprietorshp, firm, 

enterprise, franchise, association, organization, holding company, self-employed individual, 

joint-stock company, receivership, trust or other legal entity or undertaking organized for 

economic gain, a nonprofit corporation or other such entity, association or organization receiving 

public funds. 

(d) "Business with which he is associated" means any business of which a public 

servant or his relative is an officer, director, owner, partner, employee or is a holder of more than 

ten percent (1 0%) of the fair market value or from which he or his relative derives more than 

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Two Thousand Five Hundred Dollars ($ 2,500.00) in annual income or over which such public 

servant or his relative exercises control. 

(e) "Compensation" means money or thing of value received, or to be received, from 

any person for services rendered. 

(0 "Contractt1 means: 

(i) Any agreement to which the government is a party; or 

(ii) Any agreement on behalf of the government which involves the payment 

of public funds. 

(g) "Government" means the state and all political entities thereof, both collectively 

and separately, including, but not limited to: 

(ij Counties; 

(ii) Municipalities; 

(iii) All school districts; 

(iv) All courts; and 

(v) Any department, agency, board, commission, institution, instrumentality, 

or legislative or administrative body of the state, counties or municipalities 

created by statute, ordinance or executive order including all units that expend 

public funds. 

(h) "Governmental entity" means the state, a county, a municipality or any other 

separate political subdivision authorized by law to exercise a part of the sovereign power of the 

state. 

(i) "Income" means money or thing of value received, or to be received, from any 

source derived, including, but not limited to, any salary, wage, advance, payment, dividend, 

interest, rent, forgiveness of debt, fee, royalty, commission or any combination thereof. 

j "Intellectual property" means any formula, pattern, compilation, program, device, 

method, technique or process created primarily as a result of the research effort of an employee 

or employees of an institution of higher learning of the State of Mississippi. 

(k) "Material financial interest" means a personal and pecuniary interest, direct or 

indirect, accruing to a public servant or spouse, either individually or in combination with each 

other. Notwithstanding the foregoing, the following shall not be deemed to be a material 

financial interest with respect to a business with which a public servant may be associated: 

(i) Ownership of any interest of less than ten percent (10%) in a business 

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where the aggregate annual net income to the public servant therefrom is less than 

One Thousand Dollars ($ 1,000.00); 

(ii) Ownership of any interest of less than two percent (2%) in a business 

where the aggregate annual net income to the public servant therefrom is less than 

Five Thousand Dollars ($ 5,000.00); 

(iii) The income as an employee of a relative if neither the public servant or 

relative is an officer, director or partner in the business and any ownershp interest 

would not be deemed material pursuant to subparagraph (i) or (ii) herein; or 

(iv) The income of the spouse of a public servant when such spouse is a 

contractor, subcontractor or vendor with the governmental entity that employs the 

public servant and the public servant exercises no control, direct or indirect, over 

the contract between the spouse and such governmental entity. 

(I) "Pecuniary benefit" means benefit in the form of money, property, commercial 

interests or anything else the primary significance of which is economic gain. Expenses 

associated with social occasions afforded public servants shall not be deemed a pecuniary 

benefit. 

(m) "Person" means any individual, firm, business, corporation, association, partnership, 

union or other legal entity, and where appropriate a governmental entity. 

(n) "Property" means all real or personal property. 

(0) "Public funds" means money belonging to the government. 

@) "Public servant" means: 

(i) Any elected or appointed official of the government; 

(ii) Any officer, director, commissioner, supervisor, chief, head, agent or 

employee of the government or any agency thereof, or of any public entity created 

by or under the laws of the State of Mississippi or created by an agency or 

governmental entity thereof, any of which is funded by public funds or which 

expends, authorizes or recommends the use of public funds; or 

(iii) Any individual who receives a salary, per diem or expenses paid in whole 

or in part out of ftmds authorized to be expended by the government. 

(q) "Relative" means: 

(i) The spouse of the public servant; 

(ii) The child of the public servant; 

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(iii) The parent of the public servant; 

(iv) The sibling of the public servant; and 

(v) The spouse of any of the relatives of the public servant specified in 

subparagraphs (ii) through (iv). 

(r)"SecuritiesM means stocks, bonds, notes, convertible debentures, warrants, evidences of 

debts or property or other such documents. 

HISTORY: SOURCES: Laws, 1983, ch. 469, 5 2 [See Editor's Note below]; Laws, 1991, ch. 572 

5 1; Laws, 1992, ch. 530, 5 9; Laws, 2008, ch. 562, 5 12, eff August 5, 2008 (the date the United 

States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 

1965, to the amendment of this section.) 

tj 25-4-105. Certain actions, activities and business relationships prohibited or authorized; 

contracts in violation of section voidable; penalties 

(1) No public servant shall use his official position to obtain, or attempt to obtain, 

pecuniary benefit for himself other than that compensation provided for by law, or to obtain, or 

attempt to obtain, pecuniary benefit for any relative or any business with which he is associated. 

(2) No public servant shall be interested, directly or indirectly, during the term for 

which he shall have been chosen, or within one (1) year after the expiration of such term, in any 

contract with the state, or any district, county, city or town thereof, authorized by any law passed 

or order made by any board of which he may be or may have been a member. 

(3) No public servant shall: 

(a) Be a contractor, subcontractor or vendor with the governmental entity of 

which he is a member, officer, employee or agent, other than in his contract of 

employment, or have a material financial interest in any business which is a 

contractor, subcontractor or vendor with the governmental entity of which he is a 

member, officer, employee or agent. 

(b) Be a purchaser, direct or indirect, at any sale made by him in his official 

capacity or by the governmental entity of which he is an officer or employee, 

except in respect of the sale of goods or services when provided as public utilities 

or offered to the general public on a uniform price schedule. 

(c) Be a purchaser, direct or indirect, of any claim, certificate, warrant or 

other security issued by or to be paid out of the treasury of the governmental 

entity of which he is an officer or employee. 

(d) Perform any service for any compensation during his term of office or 

employment by which he attempts to influence a decision of the authority of the 

governmental entity of which he is a member. 

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(e) Perform any service for any compensation for any person or business after 

termination of his office or employment in relation to any case, decision, 

proceeding or application with respect to which he was directly concerned or in 

which he personally participated during the period of his service or employment. 

(4) Notwithstanding the provisions of subsection (3) of this section, a public servant 

or hs relative: 

(a) May be an officer or stockholder of banks or savings and loan associations 

or other such financial institutions bidding for bonds, notes or other evidences of 

debt or for the privilege of keeping as depositories the public funds of a 

governmental entity thereof or the editor or employee of any newspaper in which 

legal notices are required to be published in respect to the publication of said 

legal notices. 

(b) May be a contractor or vendor with any authority of the governmental 

entity other than the authority of the governmental entity of which he is a 

member, officer, employee or agent or have a material financial interest in a 

business which is a contractor or vendor with any authority of the governmental 

entity other than the authority of the governmental entity of which he is a 

member, officer, employee or agent where such contract is let to the lowest and 

best bidder after competitive bidding and three (3) or more legitimate bids are 

received or where the goods, services or property involved are reasonably 

available from two (2) or fewer commercial sources, provided such transactions 

comply with the public purchases laws. 

(c) May be a subcontractor with any authority of the governmental entity 

other than the authority of the governmental entity of which he is a member, 

officer, employee or agent or have a material financial interest in a business 

which is a subcontractor with any authority of the governmental entity other than 

the authority of the governmental entity of which he is a member, officer, 

employee or agent where the primary contract is let to the lowest and best bidder 

after competitive bidding or where such goods or services involved are 

reasonably available from two (2) or fewer commercial sources, provided such 

transactions comply with the public purchases laws. 

(d) May be a contractor, subcontractor or vendor with any authority of the 

governmental entity of which he is a member, officer, employee or agent or have 

a material financial interest in a business which is a contractor, subcontractor or 

vendor with any authority of the governmental entity of which he is a member, 

officer, employee or agent: (i) where such goods or services involved are 

reasonably available from two (2) or fewer commercial sources, provided such 

transactions comply with the public purchases laws; or (ii) where the contractual 

relationship involves the further research, development, testing, promotion or 

merchandising of an intellectual property created by the public servant. 

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(e) May purchase securities issued by the governmental entity of which he is 

an officer or employee if such securities are offered to the general public and are 

purchased at the same price as such securities are offered to the general public. 

(f) May have an interest less than a material financial interest in a business 

which is a contractor, subcontractor or vendor with any governmental entity. 

(g) May contract with the Mississippi Veteran's Home Purchase Board, 

Mississippi Housing Finance Corporation, or any other state loan program, for the 

purpose of securing a loan; however, public servants shall not receive favored 

treatment. 

(h) May be employed by or receive compensation from an authority of the - 

governmental entity other than the authority of the governmental entity of which 

the public servant is an officer or employee. 

(i) If a member of the Legislature or other public servant employed on less 

than a full-time basis, may represent a person or organization for compensation 

before an authority of the governmental entity other than an authority of the 

governmental entity of which he is an officer or employee. 

) If a constable, may be employed and receive compensation as a deputy 

sheriff or other employee of the county for which he serves as constable. 

(5) No person may intentionally use or disclose information gained in the course of or 

by reason of his official position or employment as a public servant in any way that could result 

in pecuniary benefit for himself, any relative, or any other person, if the information has not been 

communicated to the public or is not public information. 

(6) Any contract made in violation of this section may be declared void by the 

governing body of the contracting or selling authority of the governmental subdivision or a court 

of competent jurisdiction and the contractor or subcontractor shall retain or receive only the 

reasonable value, with no increment for profit or commission, of the property or the services 

furnished prior to the date of receiving notice that the contract has been voided. 

(7) Any person violating the provisions of this section shall be punished as provided 

for in Sections 25-4- 109 and 25-4- 1 1 1. 

HISTORY: SOURCES: Laws, 1983, ch. 469, 5 3; Laws, 1988, ch. 546, 9 4; Laws, 1992, ch. 

530,s 10; Laws, 1994, ch. 586,s 1; Laws, 1998, ch. 490,s 1; Laws, 2000, ch. 578,s 2; Laws, 

2008, ch. 562, 13, eff August 5,2008 (the date the United States Attorney General interposed 

no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this 

section.) 

Mississippi SIP Revision - Ethics 

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R.lISSlSSIPP1 ETHICS CORlR.1ISSlON 

ADVISORY OPINION NO. 95-042-E 

May 5,1995 

This Advisory Opinion concerns the following issue as formulated from facts 

and/or circumstances furnished by a requestor. The opinion is based solely on the facts 

and circumstances as stated below and was approved by the Commission on May 5, 

1995. 

Are the Mississippi Ethics in Government laws violated if certain 

member(s) of a state commission that is required by state laws to 

be composed in part by representatives of the industries or other 

interest groups the state commission regulates should: 

Issue 1. vote on regulations before the state commission that 

generally affect their particular industry or user group; 

Issue 2. vote on regulations before the state commission that 

specifically affect or restrict their personal company or business; 

Issue 3. vote on licensing restrictions and other regulations that 

affect their particular industry or user group; and 

Issue 4. vote on permits for certain projects in close proximity to 

commission members' residences but which they have no financial 

interest? 

The Mississippi Ethics Commission is restricted to interpreting and issuing 

opinions on Sections 25-4- 10 1 through 25-4- 1 19, 1972 Mississippi Code 

Annotated and Article W, Section 109, Mississippi Constitution of 1890. 

Therefore, Mississippi laws outside the jurisdiction of the Commission and 

internal rules and regulations of the state governmental entity are not addressed 

by this opinion. 

The pertinent conflict of interest laws to be considered here are: 

Constitutional Section 109 states: 

"No public officer or member of the legislature shall be interested, 

directly or indirectly, in any contract with the state, or any district, 

county, city, or town thereof authorized by any law passed or order 

made by any board of which he may be or may have been a 

member, during the term for whch he shall have been chosen, or 

within one year after the expiration of such term." 

Code Section 25-4-103(c), (d), (f)(i)(ii), (g)(v), (h), (I), (m) and 

(p)(i)(ii)(iii) states: 

"(c) 'Business' means any corporation, partnership, sole 

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proprietorship, firm, enterprise, franchise, association, 

organization, holding company, self-employed individual, joint 

stock company, receivership, trust or other legal entity or 

undertaking organized for economic gain, a non-profit corporation 

or other such entity, association or organization receiving public 

funds. 

(d) 'Business with which he is associated' means any business of 

which a public servant or his relative is an officer, director, owner, 

partner, employee or is a holder of more than ten percent (10%) of 

the fair market value or from which he or his relative derives more 

than One Thousand Dollars ($1,000.00) in annual income or over 

which such public servant or his relative exercises control. 

(f) 'Contract' means: 

(i) Any agreement to which the government is a 

party; or 

(ii) Any agreement on behalf of the government 

which involves the payment of public funds. 

(g) 'Governmental' means the state and all political entities thereof, 

both collectively and separately, including but not limited to: 

(v) Any department, agency, board, commission, institution, 

instrumentality, or legislative or administrative body of the state, 

counties or municipalities created by statute, ordinance or 

executive order including all units that expend public funds. 

(h) 'Governmental entity' means the state, a county, a municipality 

or any other separate political subdivision authorized by law to 

exercise a part of the sovereign power of the state. 

(1) 'Pecuniary benefit' means benefit in the form of money, 

property, commercial interests or anything else the primary 

significance of which is economic gain. Expenses associated with 

social occasions afforded public servants shall not be deemed a 

pecuniary benefit. 

(m) 'Person' means any individual, firm, business, corporation, 

association, partnership, union or other legal entity, and where 

appropriate a governmental entity. 

(p) 'Public servant' means: 

(i) Any elected or appointed official of the 

government; 

(ii) Any officer, direct or indirect, commissioner, 

supervisor, chief head, agent or employee of the 

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government or any agency thereof or of any public 

entity created by or under the laws of the State of 

Mississippi or created by an agency or 

governmental entity thereof any of which is funded 

by public funds; or 

(iii) Any individual who receives a salary, per diem 

or expenses paid in whole or in part out of funds 

authorized to be expended by the government." 

Code Section 25-4-105(1), (2) and (5) states: 

"(1) No public servant shall use his official position to obtain 

pecuniary benefit for himself other than that compensation 

provided for by law, or to obtain pecuniary benefit for any relative 

or any business with which he is associated. 

(2) No public servant shall be interested, directly or indirectly, 

during the term for which he shall have been chosen, or within one 

(1) year after the expiration of such term, in any contract with the 

state, or any district, county, city or town thereof authorized by any 

law passed or order made by any board of which he may be or may 

have been a member 

(5) No person may intentionally use or disclose information gained 

in the course of or by reason of his official position or employment 

as a public servant in any way that could result in pecuniary 

benefit for himself any relative, or any other person, if the 

information has not been communicated to the public or is not 

public information." 

Pertinent facts and circumstances provided by the requestor, absent 

identifying data, are set forth as follows and considered part of this opinion. 

The Mississippi Legislature established a seven (7) person State Commission on a 

certain resource industry. The enabling legislation provides that the commission 

shall be composed as follows: 

(i) One (1) member shall be a processor in the resource industry. 

(ii) One (1) member shall be a commercial provider in the resource 

industry. 

(iii) One (1) member shall be a recreational provider in the 

resource industry. 

(iv) One (1) member shall be an operator of recreational equipment 

in the resource industry. 

(v) One (I) member shall be a member of an incorporated nonprofit environmental organization. 

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(vi) One (I) member shall be from outside the resource industry 

(vii) The member of the state commission related to the resource 

industry. 

The enabling legislation provides for the representation of various 

user groups that are financially interested in the collecting and 

regulation of this resource industry. 

Several commissioners have pondered the ethics of commissioners 

voting on regulations that may affect their particular user groups. 

For instance, can the commissioner who is a processor vote on 

issues affecting the commercial collection of the resources? Can he 

do so even when it involves the collection of a particular resource 

that his company processes or restricts the area or manner in which 

his company collects resources? 

Can the commissioner who is our operator of recreational 

equipment vote on matters affecting such operations? Can he vote 

on licencing restrictions or other proposed regulations that may 

affect his industry? 

Can the commissioner who is a commercial provider vote on 

regulations that affect the commercial collection of these 

resources? The current commissioner that is a commercial provider 

holds commercial licenses for two particular resources. A recent 

matter before the state commission would have restricted 

commercial operations in an area where this commissioner 

commercially collects these resources. Was he faced with a 

conflict of interest that should have prevented him from 

participating in the state commission's vote on this matter? Is he 

ethically prohibited from voting on all proposals that would affect 

his ability to collect these two particular resources? 

Several months ago the state commission considered the issuance 

of a permit for a project that was located near the homes of some 

of the commissioners. The commissioners had no financial interest 

in the project but the applicant requested that they not participate 

in the vote on the matter because of the proximity of their 

residences to the proposed project. Is there any ethxal restriction 

that would require the commissioners to recuse themselves from 

participating in the permitting decision? 

At what point are these commissioners confronted with a conflict 

of interest? 

The state commission's enabling legislation gives it broad powers and duties 

to adopt, amend and repeal rules and regulations for operation of the commission 

and its related state department, as well as, formulating and implementing the 

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state's policy related to the subject resource industry. Therefore, the state 

commission clearly does not serve in an advisory function but instead carries out 

a policy making function. 

The Commission formally adopts Advisory Opinion No. 92-093-E in 

response to this request and by attachment incorporates it into this opinion. 

The primary consideration when considering a policy making board is 

whether a member(s) voting on any one of the four issues presented above would 

result in an application of the above cited Constitutional Section 109 and Code 

Section 25-4-105(2). Neither of these laws apply without an authorization of a 

contract by the member's board. 

Based solely on the facts and circumstances presented by the requestor, the 

Commission finds that a member(s) voting on any one of the four issues presented 

above does not result in an authorization of a contract. 

The requestor is cautioned to advise the state commission members that it is 

foreseeable considering the broad authority given the state commission that an 

issue may at some point come before them that directly or indirectly authorizes a 

governmental contract that a member(s) may have an interest. In such a case, that 

member' s(s') recusal will not prevent a violation of Constitutional Section 109 or 

Code Section 25-4-105(2). 

In other words, simply being a commission member constitutes a violation 

regardless of voting or not voting if the interest being voted on is in a contract 

prohibited by Constitutional Section 109. 

Notwithstanding the above, the state commission members because of the 

legally required composition of their commission should be keenly aware of Code 

Section 25-4-105(1) and (9, set forth above. 

The requestor should advise the state commission members to not use their 

official positions to obtain a pecuniary benefit for themselves, their relatives or 

any business with which they are associated in violation of Code Section 25-4- 

105(1). 

Public servants must keep the performance of their official duties entirely 

separate and distinct from any private interests. In order for the private interests to 

remain separate and distinct, public servants must recuse themselves from 

discussing or acting on any subject matter in whch they have a pecuniary interest. 

A proper recusal occurs when the public servant totally removes himself or 

herself from the pertinent matter by not officially or unofficially taking part or 

action regarding the subject matter and leaves the room or area where such 

discussions, considerations or actions take place. The minutes of the state 

commission should state that the member left the meeting by showing him or her 

absent for that matter. 

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A commission member(s) should not vote on or take part in a matter 

concerning regulations or licencing restrictions that would affect the pecuniary 

interest andlor benefit of the commission member, a relative or a business in 

which he or she is associated. 

However, a member voting on regulations and licensing restrictions that are 

general in nature and that, in fact, equally affect, both theoretically and 

practically, everyone within the member's industry or user group would not be 

construed as a use of official position to obtain a pecuniary benefit. 

Code Section 25-4- 1 O5(5) prohibits the intentional use or disclosure of nonpublic information gained by reason of one's official position that could result in a 

pecuniary benefit for the public servant, a relative or any other person. Person in 

this instance includes any individual, firm, business, corporation, association, 

partnership, union or other legal entity. 

Ronald E. Crowe 

Executive Director 

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MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF POLLUTION CONTROL 

STATE IMPLEMENTATION PLAN REVISION TO ADD PROVISIONS OF STATE 

LAW AND THE STATE CONSTITUTION TO THE SIP AS IT PERTAINS TO THE 

REQUIREMENTS OF SECTION 11O(A)(2)(E)(II) AND SECTION 128(A)(1) & (2) OF 

THE FEDERAL CLEAN AIR ACT. 

APPENDIX A-1 1 

STATE CONSTITUTION PROVISIONS AS OF JULY 1,2011 

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July 16.2012 
State Constitution of Mississippi, Section 109: Interest of public officer in contracts. 

No public officer or member of the Legislature shall be interested, directly or indirectly, in any 

contract with the State, or any district, county, city, or town thereof, authorized by any law 

passed or order made by any board of which he may be or may have been a member, during the 

term for which he shall have been chosen, or within one year after the expiration of such term. 

Mississippi SIP Revision - Ethics 

July 16,2012