Candidates mend ethics oversight

Published 3:18 pm Saturday, April 6, 2013

   As of earlier this week, the majority of candidates hunting municipal office in Brookhaven have rectified a failure to file financial disclosure forms required by state ethics law.

     The disclosure forms, with which candidates are to identify any business involvement or sources of income posing a potential conflict of interest, must be filed within 15 days of qualifying as a candidate.

     As of the last week in March, Brookhaven candidates not submitting these reports included mayoral candidate Rose “Polly” Powell; alderman at large candidates Ed Thompson, Carl Aycock and Andre’ Spiller; four of the five Ward One alderman candidates including incumbent Dorsey Cameron and challengers Kermit Sartin, Robert Berry, and Christopher Harris; Ward Three’s incumbent Mary Wilson; and Ward Six candidate Mack Gipson.

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     After interviews last week about their absent forms, each of those candidates has subsequently submitted the mandatory documents to the state Ethics Commission.

     Ward Two Alderman Terry Bates, who faces no opposition to his re-election bid, has still failed to tender the mandatory paperwork.

     Incumbents are, on an annual basis, required to filed the economic interest reports by May 1 of each year they hold office.

     However, in election years, things are a little different. All candidates, including incumbents, must report their economic interests within 15 days of qualifying as a candidate.

     The law, however, provides for what may be regarded as a fairly generous grace period. Following the 15-day deadline, a candidate has an additional 30 days to submit the disclosure reports before the Ethics Commission will declare that candidate delinquent.

     After receiving written notice by the commission of the delinquent status, a candidate has another 15 days to file before a $10 per day fine can be levied for each subsequent day in which no statement is on record.

     The economic interest statements serve several purposes.

     They identify potentially problematic employment. Under state law, an employee of the city cannot simultaneously be an elected official.

     If, for example, a firefighter were elected as an alderman, that person would have to resign from the Brookhaven Fire Department.

     Likewise, the spouses of elected officials cannot be employed by the municipality.

     Earlier this election season, that provision triggered one-time candidate Harold Banks to drop out of the race shortly after qualifying in March to run for the alderman at large office. Banks said his wife is employed with the Brookhaven Police Department, and he didn’t wish to jeopardize her job.

     This restriction does not preclude officials or their spouses from being employed by other government entities, including schools.

     Neither can a business owned by an elected official or the spouse of an elected official do business with the municipality represented by the official.

     The economic interest forms also serve to air any potential conflicts of interest. Candidates disclose any businesses they own or any government entities they or their spouse receive income from.

     The statutes governing the economic interest forms are primarily contained in the Mississippi Code from section 24-4-25 to 24-4-31.