There are many interested parties monitoring the meeting. Seems to me that the Ethics Commission has very little clout based on their last meeting.
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There are many interested parties monitoring the meeting. Seems to me that the Ethics Commission has very little clout based on their last meeting.
I understood there was no meeting pertaining to the FOIA. There was only going to be a meeting if someone filed an objection, and nobody filed an objection. Next meeting is in July, at which point that preliminary ruling will become the permanent ruling.
The MEC cannot force any penalties, though. Right? They only state an opinion and walk away.Quote:
Originally Posted by PassInterference
Information on their website says they can enforce their opinion. I'm sure there is a process.
Would be interesting to see if there have any public officials or agencies who have successfully defied the Ethics Commission.
monies. Anyone can dish out an opinion.
http://www.ethics.state.ms.us/ethics...s?OpenDocument
Investigations
If a complaint filed with the Ethics Commission alleges a violation of law by a public servant, the Commission will authorize a confidential investigation of the complaint. In the course of an investigation, the Commission is empowered to administer oaths upon witnesses and issue and serve subpoenas on witnesses or for the production of records. When a complaint does not allege a violation of law, the Commission may dismiss the complaint without conducting an investigation.
Once the investigation is complete, the Commission must confidentially send a copy of the complaint to the person against whom it was filed, the respondent. The Commission is not able to protect the identity of the person who filed the complaint. The Commission must also take the following actions when applicable:
If the complaint concerns a public official in the legislative branch, the Commission must refer the complaint, confidentially, to the public official and to the appropriate committee of the House of Representatives or the Senate having jurisdiction over the ethical conduct of its members and employees.
If the complaint concerns a public official in the judicial branch, the Commission must refer the complaint, confidentially, to the public official and to the Commission on Judicial Performance or the Chief Justice of the Supreme Court.
If the complaint concerns a public official in the executive branch or persons not covered in the paragraphs above, then the Commission must refer the complaint, confidentially, to the public official and to the head of the department or agency, if the person is in the executive branch, or, for other public officials, to the person about whom the complaint is filed.
Anyone receiving a complaint from the Ethics Commission has thirty (30) days within which to respond to the complaint. After receiving the response to the complaint or, if no response is received after thirty (30) days, the Commission may, in its discretion, terminate the matter or proceed as follows:
The Commission may investigate the matter further.
The Commission may enter a voluntary settlement agreement with the respondent in which the Commission determines an appropriate disposition has occurred and terminates the case.
If the investigation produces probable cause to believe a violation of law has occurred, the Commission may set a hearing of the matter, after which the Commission may impose certain penalties.
The Commission may also refer the complaint with any evidence gathered during the investigation to the Attorney General and to the district attorney having jurisdiction, with a recommendation that it be considered for presentation to the grand jury.
Ethics Hearings
The Commission may enforce the Ethics in Government Laws through hearings held before the Commission or an independent hearing officer, to determine whether a respondent violated the law and, if so, what penalty or penalties should be imposed, if any. Hearings in ethics cases are conducted according to the Mississippi Rules of Civil Procedure and the Mississippi Rules of Evidence. A violation must be proven to the Commission by clear and convincing evidence.
Penalties
An elected official can be censured by the Commission and fined up to $10,000.00. The Commission may also recommend to the Circuit Court for Hinds County that the elected official be removed from office.
A nonelected public servant can also be censured by the Commission and fined up to $10,000.00. The Commission may also recommend to the Circuit Court for Hinds County that the nonelected public servant be removed from office, suspended, or subjected to a demotion or reduction in pay.
The Commission may also order restitution or other equitable or legal remedies to recover public funds or property unlawfully taken, as well as unjust enrichment, although not public funds. Any pecuniary benefit received by a public servant in violation of the Ethics in Government Laws may be declared forfeited by the Commission for the benefit of the governmental entity injured.
In the event a public servant does not appeal the decision or recommendation of the Commission, the Commission may petition the Circuit Court for Hinds County for the removal, suspension, demotion or reduction of pay of the public servant as provided by law.
Any contract made in violation of the Ethics in Government Laws may be declared void by the governing body involved or by a court of competent jurisdiction, and the contractor or subcontractor will receive no profit.
The Attorney General, the Commission, or any governmental entity directly injured by a violation of the Ethics in Government Laws may bring a separate civil lawsuit against the public servant or other person or business violating the provisions of this article for recovery of damages suffered as a result of such violation. Further, any pecuniary benefit received by or given by a public servant in violation of the Ethics in Government Laws must be declared forfeited by a circuit court of competent jurisdiction for the benefit of the governmental entity injured. In the discretion of the court, any judgment for damages or forfeiture of pecuniary benefit may include costs of court and reasonable attorney's fees.
The Ethics in Government Laws do not preclude civil or criminal liability under other laws or causes of action.
For those that don't like to read long stuff just read this:
A nonelected public servant can also be censured by the Commission and fined up to $10,000.00. The Commission may also recommend to the Circuit Court for Hinds County that the nonelected public servant be removed from office, suspended, or subjected to a demotion or reduction in pay.
OM falls into ALL the categories listed above. OM MUST according to FOIA produce the requested information.... Has any one heard from Steve? I believe the committee should collect the fine and GIVE it to Steve the $10,000.00.....
Ethics is on the executive branch of government. The judicial branch is the branch that can really drop the sledge hammer. But the executive branch is the path to get to the judicial branch.
It's like committing a crime. You don't go before a judge without first being taken to task by someone in law enforcement. The executive branch of government is the law enforcement.
I assure you that Ole Miss is not going to fall on the wrong side of law enforcement, particularly after the law (FOIA) has been broken.
Again, the criminal analogy....rule #1 for a law breaker is not getting arrested. Consider Ole Miss is alread handcuffed and sitting in the back of a squad car asking what it needs to do for this not to go any further.
No shitbirds, this is not a criminal matter. The executive-judicial interactions are similar.
Remove the state funding for the university until OM comes into complianceQuote:
Originally Posted by PassInterference
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Hey now you just wait a damn minute. I'm sure they get plenty of free meals and all the free alcohol they want at Tico's or somewhere. I'm sure there are many times when they really enjoy being on the commission.***********Quote:
Originally Posted by Saltydog
I think the fact that ole miss doesn't feel the need to comply with the so-called MS Ethics Commission is all you need to know about the effectiveness or worthiness of this organization. Just another worthless state agency that only has power when someone WITH power wants to use it.
Interesting that the NEXT formal meeting of the Ethic's Commission is July 14, 2017.... Meets the MORNING after Freezes interview on the SEC Media Day.... ugh...