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; and5. 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; and6. 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. 28 Miss. Code. R. 301-4.6
Mississippi Code §§ 59-1-1, 59-1-9 and 59-5-21