Mississippi Advisory Opinions November 01, 1983: AGO 000008880 (November 1, 1983)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000008880
Date: Nov. 1, 1983
Advisory Opinion Text
AGO 000008880.
1983-657
Dear Mr. Pearce:
Attorney General Allain has received your letter of request and has assigned it to me for research and reply.
Your letter states:
"A matter has been brought to my attention for investigation and possibly prosecution. I feel the need for some guidance on this question.
"For the first primary of the 1983 elections a local county paid for the printing of ballots.
The ballots were printed by a local printer which had been awarded county printing business for the year in December, 1982, or January, 1983. The printing contract for the county had been awarded on the basis of a specified rate per item or per page.
"While the ballots were not specifically mentioned in the advertisement for the county printing bid, no other items were either. The bid for county work amounted to merely an agreed upon rate for printing as needed.
"Custom in this county had been for ballots to be included in county printing. My infor- mation is this is what has happened over a long period of time.
"A competing Printer raised objection to the printing of ballots being awarded without bids specifically for printing of ballots. Apparently after this objection a person on the Democratic Executive Committee solicited a bid from the printer who had the county contract and then solicited another bid from a third printer with suggestions as to the amount of the bid. The first printer received the business. The amount for printing of ballots was approximately $1,200.00.
"The questions I pose are as follows:
"Was it necessary to solicit bids for printing of ballots or could the county lawfully refer the job to the printer who had earlier been awarded county business for the year?
"Has the person from the Democratic Executive Committed violated the statute concerning public contracts by suggesting an amount to a prospective bidder?"
Since your request concerns actions already taken, we are unable to respond with an official opinion.
An opinion could neither validate nor invalidate such actions. The ultimate resolution of the questions raised in your letter must be made by a court of competent jurisdiction.
However, for your information, we are enclosing a copy of an opinion addressed to Mrs. Alice Herron, dated March 25, 1983.
Very truly yours,
BILL ALLAIN, ATTORNEY GENERAL
BY Phillip C. Carter Special Assistant Attorney General
PCC:ls Enclosure