STATE OF MISSISSIPPI PHIL BRYANT GOVERNOR MISSISSIPPIDEPARTMENT OF ENVIRONMENTALQUALITY

July 13, 2012

Ms. Gwendolyn Keyes Fleming Regional Administrator. U.S. Environmental Protection Agency 61 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 itpertains to the 2006 PM2.5National AmbientAir Quality Standards. Thedocuments include a draft Certification for CAA Section 1lO(a)(2)(E)(ii) requirements. Also, included is a Proposed SIP Revision to add ethics provisions of state law and the state constitution intothe Mississippi SIP. We are requesting parallel processing by EPA ofthe above referenced documents and the Section 1 1 O(a)(2)(G) Infrastructure SIPpreviously submitted to EPA in orderto expedite approval intothe federally approved Mississippi State Implementation Plan. Thepublic commentperiod begins Monday,July 16,201 2, and will end on August 15,2012. 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,UTIONCONTROL POST OFFICE BOX 2261 JACKSON, MISSISSIPPI 39225-2261 TEL: (601)961-5171 FAX: (601)354-6612 www.deq.state.ms.us ANEQUAL OPPORTUNITY EMPLOYERPublic Notice Mississippi Commission on Environmental Quality P. 

### 0.Box 2261 Jackson, MS 39225 Telephone No. (601) 961-5171 Public Notice StartDate: July 16,2012 Deadline for Comment: August 1 5,2012 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 1lO(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) ofthe 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 SIPpublic notice.doc July 16,2012

## Mississippi Certification Clean Air Act 

## Section 1

## lO(a)(2)(E)(ii) 2006 PM2.5 Requirements

Section 1lO(a)(2)(E)(ii) (ii) requirements that the State comply with the requirements respecting State boards under section 

### 128 ofthis title.

SIP Appendix A-9, Section 49-17-17(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 49-17-28, 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 ofthe Mississippi State Constitution and ofthe Mississippi Code are substantially equivalent to the requirements ofthe Federal Program by providing for unbiased decisions ofthe Commission on all matters, including final decisions onpermits, and the disclosure of any potential conflicts of interest.
Article 4, Section 109ofthe Mississippi Constitution provides "No public officer or member ofthe 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 oneyear after the expiration of such term." Simply being a commission member constitutes a violation of Constitutional Section 109regardless ofvoting or not voting ifthe 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 25-4-101, et. seq. These Code sections define the terms used and prohibit conflicts of interests by Commission members. Mississippi Code Section 25-4-103 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 ofthe beneficiary. (c) "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association,

2006 PM2.6 Infrastructure SIP, I lOa2Eii Draft, July 16,2012organization, 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 whchhe or his relative derives more than Two Thousand Five Hundred Dollars ($2,500.00) in annual income or over which suchpublic 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 ofthe 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 ofthe sovereign power ofthe 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 ofthe government;

2006 PM2.6 Infrastructure SIP, 1lOa2Eii Draft. July 16,2012(ii)

(iii) Any officer, director, commissioner, supervisor, chief, head, agent or employee ofthe 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 ofwhich 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 ofthe 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, ifthe 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 ofthe 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

2006 PM2.6 Infrastructure SIP, I lOa2Eii Draft, July 16.2012legislative purposes ofthis 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 ofthe following entities, by whatever name designated: The application ofthe 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 fromthepertinent 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 ofthe 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, 1lOa2Eii Draft, July 16,2012the 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 inpay. (3) The commissionmay 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 ofthis article may be declared forfeited by the commissionfor the benefit ofthe 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 ofpay 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 ofthe State's Ethics laws. It is clear that members of the Commission and Permit Board are prohibited taking any action in their personal interests, onpenalty ofremoval, 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 ofthe Federal program by providing for unbiased decisions ofthe Board on all matters, including final decisions on permits, and the disclosure of any potential conflicts ofinterest.

2006 PM2.6 Infrastructure SIP, 1 lOa2Eii Draft, 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. 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. CodeAnn. $ 

### 25-4-25 (201 1) tj 

### 25-4-25. Persons required to file statement ofeconomic 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) ofthis 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 andjunior 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 ofthis 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:

2006 PM2.6 Infrastructure SIP, 1lOa2Eii Draft, July 16,2012(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 ofthe Voting Rights Act of 1965,to the amendment of this section.) 

## 5 25-4-27. Contents ofstatement of economic interest Each person specified under Section 25-4-25 shall file a statement in accordance with the provisions ofthis 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 ofthe 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 ofthe filer;

(b) The title, position and offices whereby the person is required to file; (c) All other occupations ofthe 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 ofthe 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) Ownsten percent (1 0%) or more of the fair market value in the business;

2006 PM2.6 Infrastructure SIP. 1lOa2Eii Draft,July 16,2012(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 ofthe 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 ofthe 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 ofthe Voting Rights Act of 1965, to the amendment of this section.) 

## 5 25-4-29. Filing dates for statements (I)Required statementshereunder 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 1of 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 (15) 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

2006 PM2.6 Infrastructure SIP, I lOa2Eii Draft,July 16,2012(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 anunreasonable 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 ofthe 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 ofresidence. The comnlission may enforce the judgment for the benefit ofthe State General Fund for the support ofthe 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 ofthe Voting Rights Act of 1965,to the amendment ofthis section); Laws, 20 11,ch. 488, tj 

### I, eff from and after July 1,2011.



### 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 ofthe employment or position, is a violation ofthat 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, 1lOa2Eii Drait, July 16,2012(a) "Authority" means any component unit of a governmental entity. (b) "Benefit" means any gain or advantage to thebeneficiary, including any gain or advantage to a third person pursuant to the desire or consent ofthe 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) "Businesswith which he is associated" means anybusiness 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%) ofthe 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 ofvalue 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 onbehalf ofthe government which involvesthe 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 

### ofthe state, counties or municipalities created by statute, ordinance or executive order including all units that expend public funds.

2006 PM2.6 Infrastructure SIP, IlOa2Eii Drafi, July 16,2012(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 ofthe 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 ofthe State ofMississippi. 

### (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 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 ifneither 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 ofthe 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 ofmoney, 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 apecuniary benefit.(m) "Person" means any individual, firm,business, corporation, association, partnership, union or other legal entity, and where appropriate a governmental entity.

2006 PM2.6 infrastructure SIP, 1lOa2Eii Draft. July 16,2012(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 ofthe 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 ofthe State ofMississippi 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 expensespaid in whole or in part out of funds authorized to be expended by the government. (q) "Relative" means: (i) The spouse ofthe public servant; (ii) The child ofthe 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 ofthe 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 ofthe 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 Drafi, July 16,2012to 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 afterthe 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 ofthe 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 ofthe 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 ofthe authority ofthe 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 ofhis service or employment. 

### (4) Notwithstanding the provisions of subsection (3) ofthis 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. 1lOa2Eii Draft, July 16,2012(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 ofthe 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 fromtwo 

### (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 sameprice 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. 1lOa2Eii Draft, July 16,2012program, 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 ofthe 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 ofthis section may be declared void by the governing body ofthe contracting or selling authority ofthe 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 ofthis section shall be punished as provided for in Sections 25-4- 109 and 25-4- 1 11. 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 ofthe Voting Rights Act of 1965,to the amendment of this section.)

2006 PM2.6Infrastructure SIP, 1lOa2Eii Drati, July 16.2012RllSSlSSlPPI 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 onthe 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 ofthe industries or other interest groups the state commission regulates should: Issue 1.vote onregulations before the state commission that generally affect their particular industry or user group; Issue 2. vote onregulations 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 25-4-101 through 25-4-1 19, 1972Mississippi Code Annotated and Article IV, Section 109, Mississippi Constitution of 1890.Therefore, Mississippi laws outside the jurisdiction ofthe 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:
"Nopublic officer or member ofthe 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 ofwhich 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, 1IOa2Eii Draft. July 16,2012"(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 (10%) ofthe 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 ofthe 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 ofthe sovereign power of the state. (1) 'Pecuniary benefit' means benefit in the form of money, property, commercial interests or anything else the primary significance ofwhich 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 expensespaid 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 compensationprovided for by law, or to obtainpecuniary 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 ofhis 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 inthe resource industry.

2006PM2.6 Infrastructure SIP. 1lOa2Eii 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 ofrecreational 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 commissionrelated to the resource industry. The enabling legislation provides for the representation of various user groups that are financially interested in the collecting and regulation ofthis resource industry. Several commissioners have pondered the ethics of commissionersvoting 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 ofthe 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 ofrecreational 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 commissionerthat 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 onthis 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 oftheir residences to the proposed

2006 PM2.6 Infrastructure SIP. I lOa2Eii Draft, July 16,2012project. 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'spolicy 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. Theprimary 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 ofthe above cited Constitutional Section 109and Code Section25-4-105(2). Neither ofthese 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 somepoint 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 oftheir conmission should be keenly aware of Code Section 25-4-105(1) and (5),set forth above. The requestor should advisethe 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 PM2.6Infrastructure SIP, 1lOa2Eii Draft, July 16,2012Public 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 ofthe 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 ofthe commission member, a relative or a business in which he or she is associated. However, a member voting onregulations 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. 1lOa2Eii Dratt,July 16,2012State Constitution ofMississippi, Section 

### 109: Interest of public officer in contracts.
No public officer or member ofthe Legislature shall be interested, directly or indirectly, in any contract with the State, or any district, county, city, or town thereof, authorized by any lawpassed or order made by any board ofwhich 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 PM2.6Infrastructure SIP, 1 lOa2Eii Draft, July 16,2012Public Notice Mississippi Commission on Environmental Quality P. 0. Box 2261 Jackson, MS 39225 Telephone No. (601) 961-5171 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 1lO(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 1lO(a)(2)(E)(ii)and Section 128(a)(l) & (2) ofthe 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 ofpublic 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.usby 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 foregoingto the attention ofpersons whom you know will be interested.

2006 PM2.5 Infrastructure SIPpublic notice.doc July 16,2012MISSISSIPPI DEPARTMENT OFENVIRONMENTAL QUALITY OFFICE OFPOLLUTION CONTROL

PROPOSED STATE IMPLEMENTATION PLAN (SIP) REVISION

TOADD PROVISIONS OFSTATE LAW AND THE STATE CONSTITUTION TO THE SIPAS 

### IT PERTAINS TOTHE REQUIREMENTS OFSECTION 1 lO(A)(2)(E)(II)AND SECTION 128(A)(1)& (2) OFTHE FEDERAL CLEAN AIR Act.

Public comment period begins July 16,2012 Public comment period ends August 15,2012TABLE OF CONTENTS

Introduction: State Implementation Plan 

### (SIP)RevisionRegardingJo addprovisions of state law and the state constitution to the SIP as it pertains to the requirements of Section 1lO(a)(2)(E)(ii)and Section 128(a)(l) & (2) ofthe 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 SIPRevision

Health Effects ofthe SIP Revision

Economic Effects ofthe SIPRevision

Social Effects ofthe SIP Revision

Air Quality Effects of the SIP Revision Appendix A-1 0 State Ethics Law as of July 1, 2011and Mississippi Ethics Commission Advisory Opinion No. 95-042-E, May 5, 1995 Appendix A- 11 State Constitution Provisions as ofJuly 1, 201 1

M~sslsslppi SIP Revision - Ethics July 16, 20121.53 Introduction: State Implementation Plan ('SIP) Revision to add provisions of state law and the state constitution to the SP as itpertains to the requirements of Section 1lO(a)(2)(E)(ii) and Section 128(a)(l) & (2) ofthe 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)ofthe Federal Clean AirActregarding ethics requirements of the state environmental control commission and state permit board. Provisions of state law aswell as provisions ofthe state constitution arebeing added to the Mississippi SIP. These provisions are included in Appendix A-10 and A-11 of this SIP Revision.

Mississippi SIP Revision - Ethics July 16,20121.54 Notification ofPublic 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 approvedby 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 SIPrevision, willbe available forpublic review in the main branches of the public libraries in the above mentioned cities and at the Mississippi Department ofEnvironmental 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 16,2012Public Notice Mississippi Commission on Environmental Quality P. 

### 0.Box 2261 Jackson, MS 39225 Telephone No. (601) 961-5171 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 ofAir Pollutionis adequateto comply with the requirementsof Section 110(a)(2)(E)(ii)oftheFederal Clean Air Act asitpertains to the 2006National Ambient Air Quality Standards for Fine Particulate Matter (PM2.5) aspromulgated by the 

### U.S. Environmental Protection Agency (EPA). Furthermore, the Commission is considering a Revision to the State Implementation Plan for the Control ofAir Pollution (SIP Revision) to addprovisions of state law andthe stateconstitution to the SIP asitpertains to the requirements ofSection 110(a)(2)(E)(ii)and Section 128(a)(l) & (2) ofthe Federal Clean Air Act. Copies of the Draft Certification and Proposed SIP Revision may be obtained by writing or calling Joanne Rials atthe address and telephone number listed above.TheDraft CertificationandProposed SIP Revision are also available for public review fkomMonday, 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.usby 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 ofpublic interest intheDraft Certification and Proposed SIP Revision. Please bring the foregoing to the attention ofpersons whom you know will be interested.

Mississippi SIP Revision - Ethics July 16,2012Legal Author& for the SIP Revision No legislative actions areneeded concerning this SIP revision. The StateofMississippi Air & Water Pollution Control Law, Section 49-17-1 to 49-17-43, Mississippi Code of 1972, gives the Commission onEnvironmental Quality the necessary legal authority to adopt and implement this SIPrevision. The Stateact (asofJuly 1,2011) Mississippi Code Annotated, Section49-17-13(3)designatesthe Commission asthe Stateair pollution control agencyfor 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, 2011, is included in Appendix A-9 ofthe Mississippi State Implementation Plan.

Mississippi SIP Revision - Eth~cs July 16,20125.22 Control Strategy for the 

### SIPRevision

No control strategy is required for this 

### SIP Revision.

Mississippi SIP Revision - Ethics July 16,20126.26 Control Regulations for the 

### SIP Revision


### No amendments to stateregulations are required for this SIPrevision.

Mississippi SIP Revision -Ethics July 16,201214.1.21 Health Effects of the 

### SIPRevision

No adverse health effects are expected to be caused by this 

### SIP revision.

Mississippi SIP Revision - Ethics July 16,201214.3.21 Economics Effects ofthe 

### SIP Revision
No adverse economic effects due to ths SIPrevision are foreseen.

Mississippi SIP Revision - Ethics July 16,201214.5.21 Social Effects ofthe 

### SP Revision

No adverse social effects are foreseen as a result of this 

### SIPrevision.

Mississ~ppi SIP Revision - Ethlcs July 16,201214.6.21 Air Quality Effects of the 

### SIP Revision
This 

### SIPrevision will not have any adverse air quality effects.

Mississ~pp~ SIP Revision -Ethics July 16,2012MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF POLLUTION CONTROL

STATE IMPLEMENTATION PLAN REVISION

APPENDIX A-10 STATE ETHICS LAW AS OF

### JULY 1,2011 AND MISSISSIPPI ETHICS COMMISSION ADVISORY OPINION NO. 95-042-E

Mississippi SIP Revision - Ethics July 16,2012MISSISSIPPI 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 ofthis chapter: (a) Persons elected by popular vote, excluding United States Senators and United States Representatives, to any office, whether it be legislative, executive orjudicial, 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 ofwhether 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) ofthis 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 stateboard, commission or agency, including the Mississippi Ethics Commission, charged with the administration or expenditure ofpublic 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 ofthe 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 ofthis 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 ofthschapter in the manner and format prescribed by the commission which shall be certified as to the accuracy and completeness ofthe information set forth to the best knowledge ofthe 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 ofthe filer;

(b) The title, position and offices whereby the person is required to file; (c) All other occupations ofthe 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 ahousehold member: (i) Receives more than Two Thousand Five Hundred Dollars ($2,500.00)per year in income from the business; (ii) Owns ten percent (10%) or more ofthe fair market value in thebusiness; (iii) Owns an ownership interest in the business,the fair market value ofwhich exceeds Five Thousand Dollars ($ 5,000.00); or (iv) Is an employee, director or officer of the business; Mississippi SIP Revision - Ethics July 16,2012(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 ofthe 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 StatesAttorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment ofthis 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 1of 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 (15) 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 oftheir 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 casebasis, 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 failsto 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 ofFifty 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 isnot Mississippi SIP Revision - Ethics July 16,2012properly filed. The commission shall enroll such assessment as a civiljudgment with the circuit clerk in the delinquent filer's county ofresidence. The commissionmay enforce thejudgment for the benefit ofthe State General Fund for the support ofthe Mississippi Adequate Education Program in the same manner as isprescribed 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 ofthis section); Laws, 201 1,ch. 488, 

## 5 1,eff from and after July 1,20 11.

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 asprovided by law, or as a natural consequence ofthe employment or position, is a violation ofthat trust. Therefore, public servants shall endeavor topursue 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 ofthis 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 otherwiserequires: (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 ofthe beneficiary. (c) llB~~ine~~lt means any corporation, partnership, soleproprietorshp, 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 ofwhich a public servant or his relative is an officer, director, owner, partner, employee or is a holder of more than ten percent (10%) ofthe fair market value or from which he or his relative derives more than Mississippi SIP Revision - Ethics July 16,2012Two Thousand Five Hundred Dollars ($ 2,500.00) in annual income or over which suchpublic servant orhis 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 ofthe government which involves the payment ofpublic funds. (g) "Government" means the state and all political entitiesthereof, 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 ofthe state, counties ormunicipalities 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 ofthe state. (i) "Income" means money or thing ofvalue 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 ofthe research effort of an employee or employees of an institution of higher learning of the State ofMississippi. (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 abusiness with which a public servant may be associated: (i) Ownership of any interest of less than ten percent (10%) in a business Mississippi SIP Revision - Ethics July 16,2012where 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 abusiness 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 ifneither 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 ofthe 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 ofmoney, property, commercial interests or anything else the primary significance ofwhich 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 ofthe government or any agency thereof, or of any public entity created by or under the laws ofthe State ofMississippi or createdby an agency or governmental entity thereof, any ofwhich is funded by public funds or which expends, authorizes or recommends the use ofpublic funds; or (iii) Any individual who receives a salary, per diem or expenses paid in whole or inpart out of ftmds authorized to be expended by the government. 

### (q) "Relative" means: (i) The spouse ofthe public servant; (ii) The child ofthe public servant;

Mississippi SIP Revision - Ethics July 16,2012(iii) The parent ofthe public servant; (iv) The sibling of the public servant; and (v) The spouse of any ofthe relatives ofthe 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,effAugust 

### 5, 2008 (the date the United StatesAttorney General interposed no objection under Section 5 ofthe Voting Rights Act of 1965, to the amendment ofthis section.) tj 25-4-105. 

### Certain actions, activities and business relationships prohibited or authorized; contracts in violation ofsection 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 ofwhich 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 anybusiness which is a contractor, subcontractor or vendor with the governmental entity ofwhich he is a member, officer, employee or agent. (b) Be a purchaser, direct or indirect, at any salemade by him in his official capacity or by the governmental entity ofwhich he is an officer or employee, except in respect ofthe 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 ofthe treasury ofthe governmental entity ofwhich 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 ofthe authority ofthe governmental entity ofwhich he is a member. Mississippi SIP Revision - Ethics July 16,2012(e) Perform any service for any compensation for any person or business after termination ofhis 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 ofhis service or employment. (4) Notwithstanding the provisions of subsection (3) ofthis section, 

### apublic servant or hs relative: (a) May be an officer or stockholder ofbanks or savings and loan associations or other such financial institutions bidding forbonds, notes or other evidences of debt or for the privilege ofkeeping 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 ofthe governmental entity other than the authority ofthe governmental entity ofwhich 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 ofthe governmental entity other than the authority ofthe governmental entity ofwhich 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 fromtwo (2) or fewer commercial sources,provided such transactions comply with the public purchases laws. (c) May be a subcontractor with any authority ofthe governmental entity other than the authority ofthe governmental entity ofwhichhe is a member, officer, employee or agent or have a material financial interest in abusiness which is a subcontractor with any authority ofthe governmental entity other than the authority ofthe governmental entity ofwhich 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 ofthe governmental entity ofwhich he is a member, officer, employee or agent or have a material financial interest in abusiness which is a contractor, subcontractor or vendor with any authority of the governmental entity ofwhich 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.

Mississippi SIP Revision - Ethics July 16, 2012(e) May purchase securities issued by the governmental entity ofwhich he is an officer or employee if such securities are offered to the general public and are purchased at the sameprice as such securities are offered to the generalpublic. (f) May have aninterest less than a material financial interest in abusiness 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 loanprogram, 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 ofthe 

### - governmental entity other than the authority ofthe governmental entity ofwhich the public servant is an officer or employee. (i) If a member ofthe Legislature or other public servant employed on less than a full-time basis, may represent a person or organization for compensation before an authority ofthe governmental entity other than an authority ofthe governmental entity ofwhich he is an officer or employee. ) If a constable, may be employed and receive compensation as a deputy sheriff or other employee ofthe county for which he serves as constable. (5) No person may intentionally use or disclose information gained in the course ofor by reason ofhis official position or employment as a public servant in any way that could result inpecuniary 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 sectionmay be declared void by the governing body ofthe contracting or selling authority ofthe governmental subdivision or a court ofcompetent jurisdiction and the contractor or subcontractor shall retain or receive only the reasonable value, with no increment for profit or commission, ofthe property or the services furnished prior to the date ofreceiving notice that the contract has been voided. (7) Any person violating the provisions ofthis section shall be punished as provided for in Sections25-4-109and 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 ofthe Voting Rights Act of 1965,to the amendment ofthis section.)

Mississippi SIP Revision - Ethics July 16,2012R.lISSlSSIPP1ETHICS CORlR.1ISSlON ADVISORY OPINIONNO. 95-042-E 

### May 5,1995 This Advisory Opinion concerns the following issue as formulated from facts and/or circumstances furnished by arequestor. The opinion isbased solely onthe facts and circumstances as stated below and was approvedby 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 inpart by representatives ofthe 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 oruser group; Issue 2. vote onregulations before the state commission that specifically affect orrestrict their personal company orbusiness; 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 Commissionis restricted to interpreting and issuing opinions on Sections 25-4-101through 25-4-119, 1972Mississippi 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 ofthe state governmental entity are not addressed by this opinion. The pertinent conflict ofinterest laws to be considered here are: Constitutional Section 109 states:

"No public officer or member ofthe legislature shall be interested, directly or indirectly, in any contract with the state, or any district, county, city, or town thereof authorizedby any law passed or order madeby any board ofwhich he may be or may have been a member, during the term for whchhe 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 Mississippi SIP Revision - Ethics July 16,2012proprietorship, 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 ofmore 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 suchpublic servant or his relative exercises control. (f) 'Contract' means: (i) Any agreement to which the government is a party; or (ii) Any agreement onbehalf ofthe government which involves the payment ofpublic 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 ofthe 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 ofthe sovereign power ofthe state. (1) 'Pecuniary benefit' means benefit in the form ofmoney, property, commercial interests or anything else the primary significance ofwhich 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 ofthe government; (ii) Any officer, direct or indirect, commissioner, supervisor, chiefhead, agent or employee ofthe Mississippi SIP Revision - Ethics July 16,2012government or any agency thereof or of any public entity created by or under the laws ofthe State of Mississippi or created by an agency or governmental entity thereof any ofwhich is funded by public funds; or (iii) Any individual who receives a salary, per diem or expensespaid 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 anyrelative or anybusiness with which he is associated. (2) No public servant shall be interested, directly or indirectly, during the term for which he shallhave 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 ofwhich he may be or may have been a member (5) No person may intentionally use or disclose information gained in the course ofor by reason ofhis 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 ofthis 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 ofrecreational equipment in the resource industry. (v) One (I)member shall be amember of an incorporated nonprofit environmental organization.

Mississippi SIP Revision - Ethics July 16,2012(vi) One 

### (I)member shall be from outside the resource industry (vii) The member ofthe state commission related to the resource industry. The enabling legislation provides for the representation ofvarious user groups that are financially interested in the collecting and regulation of this resource industry. Severalcommissioners have pondered the ethics ofcommissioners voting onregulations that may affect their particular user groups. For instance, can the commissioner who is aprocessor vote on issues affecting the commercial collection ofthe resources? Can he do so even when it involves the collection of a particular resource that his companyprocesses or restricts the area or manner inwhich his company collects resources? Can the commissioner who is our operator ofrecreational 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 ofthese 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 ofinterest 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 ofthe commissioners. The commissioners had no financial interest inthe project but the applicant requested that they not participate in the vote on the matter because ofthe proximity oftheir residences to the proposed project. Is there any ethxalrestriction that would require the commissioners to recuse themselves from participating in the permitting decision? At what point arethese 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
Mississippi SIP Revision -Ethics July 16,2012state's policy related to the subject resource industry. Therefore, the state commission clearly does not serve in an advisory functionbut instead carries out a policy making function. The Commission formally adopts Advisory OpinionNo. 92-093-E in response to this request and by attachment incorporates it into this opinion. Theprimary consideration when considering a policy making board is whether a member(s) voting on any one ofthe four issuespresented above would result in an application ofthe above cited Constitutional Section 109and Code Section 25-4-105(2). Neither ofthese 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 ofthe four issuespresented above does not result in an authorization of a contract. The requestor is cautioned to advise the state commissionmembers that it is foreseeable considering the broad authority given the state commission that an issue may at somepoint 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 ofvoting 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 oftheir commission shouldbe 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 anybusiness with which they are associated in violation of Code Section 25-4- 105(1). Public servants must keep the performance oftheir 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 whchthey 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.

Mississippi SIP Revision - Ethics July 16,2012A 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 ofthe commission member, a relative or a business in which he or she is associated. However, a member voting onregulations 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 ofnonpublic 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

Mississippi SIP Revision - Ethics July 16,2012MISSISSIPPIDEPARTMENT OFENVIRONMENTAL QUALITY OFFICE OFPOLLUTION CONTROL

STATE IMPLEMENTATION PLAN REVISION TOADD 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-11

STATE CONSTITUTIONPROVISIONS AS OFJULY 1,2011

MississippiSIP Revision - Ethics July 16.2012State Constitution of Mississippi, Section 109: Interest of public officer in contracts.

No public officer or member ofthe Legislature shallbe 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 ofwhich 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 suchterm.

Mississippi SIP Revision - Ethics July 16,2012