THE MISSISSIPPI LEGISLATURE

The Joint Committee on
Performance Evaluation and Expenditure Review

Report # 368

A Policy Analysis of Mississippi's Ethics Laws Regulating Former Public Servants' Working for Private Contractors

December 9, 1997

PEER reviewed state ethics laws as they relate to the "revolving door" issue. The policy question arises when an employee leaves public service to work for a company that contracts with his former employer. The ethical concern that immediately arises when such occurs is whether the former public servant had in some way established a personal opportunity while in public service.

Current state ethics law addresses instances wherein former public servants actually make decisions regarding selection of contractors and further would bar persons closely involved in cases, proceedings, or applications which were considered at the government level from accepting compensation from others concerning these activities. Actual instances of use of office to obtain pecuniary benefit, if provable, are also barred by current law. Current law does not address persons who have lesser involvement in decisionmaking.

PEER offers options by which the Legislature could address the revolving door issue. These options include:

prohibiting all public servants from taking employment with their former public employers for two years;
including in the two-year prohibition all former employees who conduct research or make suggestions relative to matters ultimately decided by their superiors;
prohibiting former agency heads from benefiting directly or indirectly from contracts with their former employers for two years;
expanding the current ban on subsequent employment due to involvement in cases to include any transaction in which the public servant was involved.

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