12 Miss. Code. R. 6-9.104

Current through December 10, 2024

Section 12-6-9.104 - Employee Conflict of Interest

(1) Conflict of Interest

It shall be a breach of ethical standards for any employee to participate directly or indirectly in a procurement when the employee knows that:

(a) The employee or any member of the employee's immediate family has a financial interest pertaining to the procurement;

(b) A business or organization in which the employee, or any member of the employee's immediate family, has a financial interest pertaining to the procurement; or

(c) Any other person, business, or organization with whom the employee or any member of the employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement.

(2) Discovery of Actual or Potential Conflict of Interest, Disqualification, and Waiver

Upon discovery of an actual or potential conflict of interest, an employee shall promptly file a written statement of disqualification and shall withdraw from further participation in the transaction involved. The employee may, at the same time, apply to the Ethics Commission for an advisory opinion as to what further participation, if any, the employee may have in the transaction.

(3) Notice

Notice of this prohibition shall be provided in accordance with regulations promulgated by the Ethics Commission.

Commentary

Section 9.104, Employee Conflict of Interest, covers instances in which a state employee involved in procurement is actively negotiating for employment with a contractor or prospective contractor. Such an employee must recuse himself or herself from participation in a procurement involving such contractor or prospective contractor and apply to request an advisory opinion from the Ethics Commission for a waiver of the conflict of interest prohibition regarding any further participation in that procurement. Offers of employment under certain circumstances may also be gratuities which are prohibited by Section 9.105, Gratuities.

12 Miss. Code. R. 6-9.104

Adopted 1/1/2018