Board 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.
6-211.01
General 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.
6-211.02
Communication
(a)
Communication Among Board
Members
In 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.
6-211.03
Conflicts of
Interest
Board 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:
a. voting on a matter;
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 Contract
It 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.
6-211.04
Gratuities
Board members shall comply with the provisions of Section
6-204 regarding gratuities.
