Section 27-100-6-211 - BOARD MEMBER ETHICSBoard members of the PSCRB hold positions of public trust and are charged with ensuring a fair, transparent process for the solicitation and selection of personal and professional services contracts. Each board member is individually responsible for upholding the public trust by conducting himself or herself in as fair, equitable, impartial, and non-partisan a manner as possible. Board members are responsible for ensuring individual compliance with all applicable laws, regulations, and rules governing their conduct.
6-211.01General Standards of Ethical Conduct(a) Board members shall conduct themselves in a manner that fortifies the public confidence in the Mississippi procurement process for personal and professional services by avoiding even the appearance of impropriety; (b) Board members shall strive to foster an open, transparent, and competitive process in order to best serve the interests of the State; (c) Board members shall encourage, and provide an example for, ethical conduct to all participants in the process under the PSCRB's purview; (d) Board members shall avoid all conflicts of interests and comply with the provisions herein when an unavoidable conflict arises; (e) Board members shall be open, fair, impartial, and non-discriminatory in conducting all PSCRB business; and (f) Board members shall act as responsible stewards of public funds in order to uphold the public interest with which they have been entrusted.6-211.02Communication(a)Communication Among Board MembersIn order to promote transparency and ensure compliance with the requirements set forth in the Mississippi Open Meetings Act, board members shall actively avoid communications regarding official PSCRB business, outside the setting of a board meeting, when a quorum is present, either in person or through electronic means.
(b)Communication with Vendors and Other Interested Parties(1) In order to promote transparency and support both the practice and appearance of impartiality on the part of the PSCRB in the conduct of its business, board members will avoid engaging in communications through verbal or written means with a vendor, or any other vendor representative, which relates directly or indirectly to the solicitation and/or selection of a personal or professional services contract which may be presented to the PSCRB for consideration for approval. (2) If such communication is unavoidable, board members shall disclose to the PSCRB any discussions had, including the name of the vendor or vendor representative and the procurement or contract which was the focus of the communication, at the next board meeting and prior to voting on the matter. 6-211.03Conflicts of InterestBoard members shall conduct the business of the PSCRB in an honest and ethical manner, which includes the ethical handling of any actual or apparent conflicts of interest related to personal and/or professional relationships. Under Mississippi law, "No [board member] shall use his [or her] 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 [or she] is associated" See Miss. Code Ann. §§ 25-4-103 and -105.
(a)Definitions(1)Pecuniary Benefit is defined as any benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain. (2)Relative is defined as the board member's spouse, child, parent, sibling, and the spouse of their child, parent, or sibling. (3) "Business with which he [or she] is associated" is defined as any business of which the board member or his or her relative is: a. an officer, director, owner, partner, or employee, or b. is a holder of more than 10¢ of the fair market value, or c. derive more than $2,500.00 in annual income, or d. over which the board member or his or her relative exercises control. (4)Use of office includes: b. taking part in discussions on a matter; c. being present during discussions on a matter; and d. using the office to attempt to influence the actions of others. (b)Breach of Ethical Standards.It shall be a breach of ethical standards for any board member to participate in the discussion of, or PSCRB action related to, a procurement when he or she knows that:
(1) the board member or any relative has a financial interest pertaining to the procurement; (2) a business or organization in which the board member, or any relative of the board member, has a financial interest pertaining to the procurement; or (3) any other person, business, or organization with whom the board member, or any relative of the board member, is negotiating or has an arrangement concerning prospective employment, is involved in the procurement. (c)Disclosure and Recusal(1) Board members shall make public any conflict of interest that exists related to an item which comes before the PSCRB for consideration to ensure the integrity of the PSCRB and its decisions are maintained. (2) If a conflict of interest exists, a board member shall recuse himself or herself by leaving the meeting until the item(s) in question has been considered and action has been taken. Such recusal shall be properly reflected in the Minutes of the meeting. Abstaining from a vote or discussion will not suffice to satisfy the requirements of this section. Board members who serve as the head of an agency shall recuse themselves from any discussion in his or her capacity as a board member and for any vote for any contract brought for consideration for approval by the PSCRB by the agency which they head. (3) No board member shall participate in any discussion or deliberation related to an item when a conflict of interest exists, including discussions outside of the context of the official actions of the PSCRB. (d)Interest in a ContractIt is prohibited, through both Mississippi Constitution Article 4, Section 109, and state statutes, for a board member to be directly or indirectly interested in any contract with the state, or any subdivision thereof, authorized by any law passed or order made by any board of which he or she may be or may have been a member, during the term for which he or she is appointed and for a period of one year after the expiration of such term.
6-211.04GratuitiesBoard members shall comply with the provisions of Section 6-204 regarding gratuities.
27 Miss. Code. R. 100-6-211