MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Education
By: Senator(s) Parker, Blackwell, McLendon
AN ACT TO AMEND SECTION 37-11-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONFLICT-OF-INTEREST PROVISIONS APPLICABLE TO SCHOOL DISTRICTS DO NOT APPLY TO EMPLOYEES WITH NO AUTHORITY TO NEGOTIATE SCHOOL DISTRICT CONTRACTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-11-27, Mississippi Code of 1972, is amended as follows:
37-11-27. It shall be
unlawful for any member of the board of trustees of any school district, any
member of the county board of education, the county superintendent of education,
or any superintendent, principal * * * or other school district administrator with
authority to negotiate school district contracts, to have or own any direct
or indirect interest individually or as agent or employee of any person,
partnership, firm, or corporation in any contract made or let by the county
board of education, the county superintendent of education or the board of
trustees of the school district for the construction, repair, or improvement of
any school facility, the furnishing of any supplies, materials, or other
articles, the doing of any public work or the transportation of children or
upon any subcontract arising therefrom or connected therewith in any manner.
The board of trustees of any school district shall be authorized to contract
with a teacher or school district employee to perform extra work without being
in violation of the provisions of this section. The board of trustees shall
make a case-by-case determination of the possible conflicts of
interest arising from any extra work contracts and such decision by the board
shall be final. Any contract entered into in violation of the provisions of
this section shall be void and of no effect. Any person who shall authorize or
enter into any contract in violation of the provisions hereof, or who shall
knowingly or * * * willfully pay out or receive any money upon any such contract
shall be civilly liable for the amount so paid or received, and, in the case of
an official who has furnished a bond, the surety upon such bond shall likewise
be liable for such amount. In addition thereto, any person who shall violate
the provisions of this section shall be guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not less than One Hundred Dollars
($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in
the county jail not less than thirty (30) days nor more than ninety (90) days,
or by both such fine and imprisonment, in the discretion of the court.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.