Mississippi Advisory Opinions July 22, 2011: No. 2011-00274 (July 22, 2011)

No. 2011-00274.

Dear Alderman Carrubba:

Attorney General Jim Hood has received your request and assigned it to me for research and reply.

(1) Is it legal to publicize a dinner meeting which has the purpose of forming an economic development foundation? (2) May a city alderman mention his involvement in such a meeting?

(1) Yes.

(2) Yes.

Your letter reads as follows

Due to financial constraints, the City of Long Beach has not been able to adequately fund efforts to pursue commerce and economic development. One of my goals as an alderman is to work with business leaders and individuals in and around Long Beach to improve and strengthen our city's economy.

On June 20th, I co-hosted / hosted a dinner meeting to explore interest in the formation of an economic development foundation to serve Long Beach. Approximately 50 were invited to the dinner meeting and 30 attended. This dinner featured a guest speaker who discussed economic development and the benefits of a foundation.

My co-host and I split the cost of the dinner meeting and paid the restaurant directly, each with our own personal funds. The total cost of the dinner was under $1,000. No city resources were used or implied.

I was recently confronted by two alderman who suggested that the event might be considered a campaign fundraiser and, if considered a campaign fundraiser, that it would be unethical for this effort to be publicized.

I did not receive any contributions at this event at all. This event was not an effort to gain political or financial interest.

In the opinion of the Attorney General, is it ethical and legal to publicize this effort to form an economic development foundation and/or to include mention of my involvement in it?

Under the campaign finance laws, a "contribution" is defined at Miss. Code Ann. Section 23-15-801 (1972) as follows

(e)(i) "Contribution" shall include any gift, subscription, loan, advance or deposit of money or anything of value made by any person or political committee for the purpose of influencing any election for elective office or balloted measure;

(ii) "Contribution" shall not include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee; or the cost of any food or beverage for use in any candidate's campaign or for use by or on behalf of any political committee of a political party; ...

The contents of campaign finance disclosure reports include disclosure of the following, as provided in Miss. Code Ann. Section 23-15-807 (1972)

(d) Contents of reports. Each report under this article shall disclose:

(i) For the reporting period and the calendar year, the total amount of all contributions and the total amount of all expenditures of the candidate or reporting committee which shall include those required to be identified pursuant to item (ii) of this paragraph as well as the total of all other contributions and expenditures during the calendar year. Such reports shall be cumulative during the calendar year to which they relate;

(ii) The identification of:

1. Each person or political committee who makes a contribution to the reporting candidate or political committee during the reporting period, whose contribution or contributions within the calendar year have an aggregate amount or value in excess of Two Hundred Dollars ($200.00) together with the date and amount of any such contribution;

2. Each person or organization, candidate or political committee who receives an expenditure, payment or other transfer from the reporting candidate, political committee or its agent, employee, designee, contractor, consultant or other person or persons acting in its behalf during the reporting period when the expenditure, payment or other transfer to such person, organization, candidate or political committee within the calendar year have an aggregate value or amount in excess of Two Hundred Dollars ($200.00) together with the date and amount of such expenditure...

***

Under Miss. Code Ann. Section 7-5-25 (1972), official opinions may only address matters of state law regarding the duties of the officer requesting the opinion. Attorney General's opinions cannot address questions that ask whether a particular act is ethical as a general proposition. For questions regarding the state's ethics laws , you will need to contact the Mississippi Ethics Commission.

Under the facts presented, we see no violation of the election or campaign finance laws.

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

Assistant Attorney General