Current through September 24, 2024
Commissioners, officers and employees and their relatives
shall not accept or solicit gifts or other special privileges with the
understanding that the gifts or other special privileges would influence the
action or judgment of the Commissioner, officer or employee in carrying out his
or her official duties. Although the acceptance of gifts or other special
privileges from those doing or seeking to do business with the Port is highly
discouraged, Commissioners, officers, employees, and their relatives may accept
non-cash gifts where the total fair market value does not exceed $100 per year
from any single source. Under this provision, "single source" means any person,
vendor or business partner, whether acting directly or through any agent or
other intermediary. Gifts in excess of $100 must be disclosed to and approved
by the Executive Director in conjunction with MSPA's legal counsel.
A. The following are gifts presumed not to
influence a Commissioner's or employee's action or non-action on any matter and
may be accepted without regard to the $100 limit. However, in the event that
facts suggest that a gift could influence a business decision, then the MSPA
may request that the gift not be offered or accepted.
1. Unsolicited flowers, plants, and floral
arrangements;
2. Unsolicited
advertising or promotional items of nominal value, such as pens and
stationary;
3. Unsolicited items
received by an employee for the purpose of evaluation or review, if the
employee has no financial or beneficial interest in the eventual use or
acquisition of the items by the MSPA;
4. Food or beverage consumed at hosted
receptions where attendance is related to the Commissioner's, officer's or
employee's official duties, including admission to, and the costs of food and
beverages consumed at, events sponsored by or in conjunction with a civic,
charitable, governmental, or community organization, provided that where the
gift exceeds $100 on a single occasion, the recipient of said gift or other
special privilege shall report it to it to the Executive Director, who may also
act in cooperation with MSPA's legal counsel; and
5. Occasional gifts in the form of food and
beverage in the ordinary course of meals where attendance by the Commissioner,
officer or employee is related to the performance of official duties. Under
this provision, "occasional" means not more than four to six times per year
with the same person, vendor, or business partner.
B. The following are items which are excluded
from consideration as a gift and may be accepted by any Commissioner, officer,
employee, or respective relative without constituting a violation of this
Policy.
1. Items from family or friends where
it is clear that the item was not given as part of any design to gain or
maintain influence with the MSPA;
2. Items related to the outside business of a
Port Commissioner, officer or employee that are customary and not related to or
implicated by the Commissioner's, officer's or employee's performance of his or
her official duties;
3. Items
exchanged among Commissioners, officers or other employees or between
Commissioners, officers and employees, or a social event hosted or sponsored by
a Commissioner, officer or employee for co-workers;
4. Items a Commissioner, officer or employee
is authorized by law to accept, including, but not limited to, items accepted
in accordance with the MSPA's applicable policies and procedures;
5. Payment of enrollment and course fees and
reasonable travel expenses attributable to attending seminars and educational
programs sponsored by a bona fide governmental or nonprofit professional,
educational, trade or charitable association or institution; and
6. Awards, prizes, scholarships, or other
items provided in recognition of academic or scientific achievement.
Unsolicited tokens or awards of appreciation in the form of a plaque, trophy,
desk item, wall memento or similar item.
Mississippi Code
§§
59-1-1,
59-1-9
and
59-5-21
