Miss. Ethics Comm'n v. Grisham
| Docket Number: | 2006-CA-00902-SCT | |
| Oral Argument: | 04-03-2007 | |
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| Supreme Court: | Opinion Link Opinion Date: 06-07-2007 Opinion Author: RANDOLPH, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Ethics violation - Definition of relative - Section 25-4-103(q) Judge(s) Concurring: SMITH, C.J., WALLER AND DIAZ, P.JJ., EASLEY, CARLSON, GRAVES, DICKINSON AND LAMAR, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 04-27-2006 Appealed from: TIPPAH COUNTY CIRCUIT COURT Judge: Andrew K. Howorth Disposition: Found in favor of Appellee Case Number: T-05-250 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MISSISSIPPI ETHICS COMMISSION |
CHADWICK DALE MONTGOMERY |
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| Appellee: | DENNIS C. GRISHAM | B. SEAN AKINS |
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| Topic: | Ethics violation - Definition of relative - Section 25-4-103(q) |
| Summary of the Facts: | The bid of a construction company owned by a Tippah County Supervisor’s step-son was accepted by the Tippah County Board of Supervisors. The Mississippi Ethics Commission sought declaratory judgment arguing that step-children are relatives under section 25-4-105(1) which provides, in part, that no public servant shall use his official position to obtain pecuniary benefit for any relative or any business with which he is associated. The circuit court held that section 25-4-103(q) specifically defines relative as the spouse, child or parent, and, as such, does not extend to step-children. The Commission appeals. |
| Summary of Opinion Analysis: | The Commission concedes that the definition of “relative” provided by section 25-4-103(q) does not expressly include step-children. However, the Commission argues that interpreting “child” so as to exclude step-children would create a nullity of the laws enacted for the protection of the public good in so far as any transactions relating to step-children and step-parents. The Commission’s desire to preserve the public trust and to instill public confidence in the integrity of government, no matter how reasonable or magnanimous in intent and no matter how sensible and prudent in application, cannot negate the clear and unassailable definition mandated by the legislature in section 25-4-103(q). It remains the legislature’s prerogative to specifically limit the definition of “relative.” |
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