Mississippi Advisory Opinions December 30, 2014: AGO 2014-00461 (December 30, 2014)

Advisory Opinion Text

AUTH: Phil Carter

RQNM: Cecil Brown

SUBJ: Legislative

SBCD: 104

TEXT: The Honorable Cecil Brown

Mississippi House of Representatives

District 66

Post Office Box 1018

Jackson, Mississippi 39215-1018

Re: Campaign Contributions

Dear Representative Brown:

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

You cite and quote Mississippi Code Annotated Section 77-1-11 (Revised 2009) and ask if it would be legal and not violate the provisions of that statute for four (4) particularly described persons to make campaign contributions to a candidate for Public Service Commissioner. All situations are fact-specific and, depending on given facts, the statutory determinations provided below may have different outcomes. Also, we must limit our responses to direct contributions, the receipt of which is prohibited under Section 77-1 -11 (1). Analysis of indirect contributions under Section 77-1 -11(1) would require more detailed facts than those presented. Section 77-1-11(2) relates to actions of private individuals who are not entitled to an opinion under Section 7-5-25.

First Individual

An attorney who works in a law firm and does not provide and has not provided legal representation or services for an entity under the jurisdiction or supervision of the Public Service Commission ("regulated entity" of the PSC), but one or more other attorneys in the law firm do provide or have provided legal representation or services for a regulated entity.

Response

We find no specific prohibition against an attorney, who has not provided legal representation or services for an entity under the jurisdiction of the PSC, even if another attorney in the same law firm has provided such representation or services, to make a campaign contribution to a candidate for Public Service Commissioner.

Whether that person has an interest as owner, agent or representative of such entity or has acted "in any respect" for an owner, agent or representative of such entity is a question of fact that cannot be addressed in an opinion of this office.

Second Individual

An attorney who works in a multistate law firm with separate offices in other states and neither the attorney nor any other attorney in the Mississippi office in which they work provide or have provided legal representation or services for a regulated entity of the PSC, but one or more attorneys in another office of the law firm in another state do provide or have provided legal representation or services for a regulated entity of the PSC or a subsidiary of the regulated entity.

Response

Please see our response regarding the first individual. We add that if, as a matter of fact, the attorney in question has an interest as owner, agent or representative of a subsidiary or an affiliate of the regulated entity or has acted "in any respect" for an owner, agent or representative of such subsidiary or affiliate, he would be prohibited from making a campaign contribution to a candidate for Public Service Commissioner.

Third Individual

An attorney who provides or has provided legal representation or services for a regulated entity of the PSC, but only in types of actions that are not related to the public utility activities that are regulated by the PSC.

Response

We are of the opinion that a campaign contribution to a candidate for Public Service Commissioner by an attorney who has provided any type of representation or services for a regulated entity including representation in types of actions that are not related to the public utility's activities that are subject to regulation by the PSC would be unlawful.

Fourth Individual

The spouse of an attorney who provides or has provided legal representation or services for a regulated entity where the spouse has his or her own separate funds derived from the spouse's employment or a source other than the attorney's employment and the spouse would be making the contribution from those separate funds of the spouse.

Response

We find no prohibition against the spouse of an attorney who is providing or has provided legal representation to a regulated entity making a contribution of his or her own funds to a candidate for Public Service Commissioner provided such contribution is not at the behest of the attorney. As noted above, we do not address the subject of indirect contributions herein.

Additional Question

In addition, would it be legal and not violate the prohibitions of Section 77-1-11 for an attorney who provides or has provided legal representation or services for a regulated entity to make a contribution to an independent committee that supports a candidate for Public Service Commissioner, if the independent committee is not organized by the candidate or the candidate's campaign, does not co-ordinate with the candidate or the candidate's campaign, and does not contribute to the candidate or the candidate's campaign?

Response

We find no prohibition against an attorney who provides or has provided legal representation or services for a regulated entity to make a contribution to an independent committee provided there is no subterfuge to route contributions to a candidate for Public Service Commissioner.

Applicable Law

Section 77-1-11 provides in part:

(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.

Sincerely,

JIM HOOD, ATTORNEY GENERAL.

Phil Carter, Special Assistant Attorney General.