Mississippi Administrative Code
Title 12 - Finance and Administration
Part 6 - Office of Purchasing, Travel and Fleet Management
Chapter 9 - Ethics in Public Contracting
Section 12-6-9.104 - Employee Conflict of Interest
Current through September 24, 2024
(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:
(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.
