Mississippi Advisory Opinions February 09, 2007: No. 2007-00071 (February 9, 2007)

No. 2007-00071.

Dear Representative Ellington:

Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and response. Your letter reads as follows:

As we discussed by telephone, I need advice on how to treat my campaign funds, if I divert these funds, to run for the Public Service Commission.

Over the years I have received some of these funds from regulated utilities. All of these contributions were made prior to giving any consideration to run for the PSC.

I would appreciate your advice in this matter.

Miss. Code Ann. Section 77-1-11 (1972), which addresses campaign contributions to public service commissioner elections, reads as follows:

(1) It shall be unlawful for any Public Service Commissioner, any candidate for Public Service Commissioner, or any employee of the Public Service Commission or Public Utilities Staff to knowingly accept any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever, either directly or indirectly, from any person interested as owner, agent or representative, or from any person acting in any respect for such owner, agent or representative of any common or contract carrier by motor vehicle, telephone company, gas or electric utility company, or any other public utility that shall come under the jurisdiction or supervision of the Public Service Commission. Any person found guilty of violating the provisions of this subsection shall immediately forfeit his or her office or position and shall be fined not less than Five Thousand Dollars ($5,000.00), imprisoned in the State Penitentiary for not less than one (1) year, or both.

(2) It shall be unlawful for any person interested as owner, agent or representative, or any person acting in any respect for such owner, agent or representative of any common or contract carrier by motor vehicle, telephone company, gas or electric utility, or any other public utility that shall come under the jurisdiction or supervision of the Public Service Commission to offer any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever to any Public Service Commissioner, any candidate for Public Service Commissioner or any employee of the Public Service Commission or Public Utilities Staff. Any party found guilty of violating the provisions of this subsection shall be fined not less than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for not less than one (1) year, or both.

(3) For purposes of this section the term "emolument" shall include salary, donations, contributions, loans, stock tips, vacations, trips, honorarium, directorships or consulting posts. Expenses associated with social occasions afforded public servants shall not be deemed a gift, emolument or other pecuniary benefit as defined in Section 25-4-103(k), Mississippi Code of 1972.

(4) For purposes of this section, a person who is a member of a water, gas, electric or other cooperative association regulated by the Public Service Commission shall not, by virtue of such membership, be deemed an owner, agent or representative of such association unless such person is acting in any respect for or as an owner, agent or representative of such association; nor shall a person who owns less than one-half of one percent ( 1/2 of 1%) in stock, the value thereof not to exceed Ten Thousand Dollars ($10,000.00), of any public utility that is regulated by the Public Service Commission, or of any holding company of such public utility, by virtue of such ownership, be deemed an owner, agent or representative of such public utility unless such person is acting in any respect for or as an owner, agent or representative of such public utility.

Our understanding of the facts are that in your previous campaigns for the office of Representative in the Mississippi House of Representatives you accepted campaign contributions from utility companies regulated by the Public Service Commission. Our further understanding is that you received contributions over the years from regulated companies, in at least some cases, in campaigns for different terms of office that you have served as a state representative.

Finally, we understand that you received all of these contributions from regulated companies prior to any discussion of or consideration of your possible candidacy for Public Service Commissioner. Our opinion is that if in fact you received contributions from regulated companies for your prior campaigns for Representative in the Mississippi House of Representatives, and prior to any discussion or consideration of running for Public Service Commissioner as discussed above, then such contributions were made prior to your attaining the status of a candidate for the office of Public Service Commissioner, and such funds could be used in your prospective upcoming campaign for Public Service Commissioner.

Please let me know if you would like to discuss this matter or if I can be of further assistance.

Sincerely,

JIM HOOD,

ATTORNEY GENERAL

By: Reese Partridge

Special Assistant Attorney General