Mississippi Advisory Opinions April 06, 2007: No. 2007-00171 (April 06, 2007)

No. 2007-00171.

Dear Senator Posey:

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 per our recent conversation, I am officially requesting an opinion on the following:

Can a contract lobbyist with multiple clients make contributions to a Public Service Commission candidate if one of the clients have issues that could be heard by the Commission?

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 your question is that you ask whether a contract lobbyist may use his own funds to make a contribution to a Public Service Commission (PSC) candidate.

Our opinion is that a contract lobbyist who has several clients, one of which who is prohibited by Section 77-1-11 from making contributions to PSC candidates (a "regulated company"), is likewise prohibited from making contributions to PSC candidates if the lobbyist is acting as an agent or representative of the regulated company, or otherwise acting in any respect for the regulated company. Whether the lobbyist is acting as an agent or representative of the company, or acting in any respect for the company, is a factual matter, which is outside the scope of an attorney general's opinion.

However, if as a matter of fact the lobbyist is not acting either directly or indirectly at the direction or suggestion of the regulated company, and is neither reimbursed nor receives additional financial benefit from the regulated company linked to the campaign contribution, then it is our opinion that such contribution would be permissible.

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