Frazier v. State By and Through Pittman
| Decision Date | 04 March 1987 |
| Docket Number | 57642,Nos. 57359,s. 57359 |
| Citation | 504 So.2d 675 |
| Parties | 39 Ed. Law Rep. 417 Hillman T. FRAZIER and Billy (Bill) F. Knox v. The STATE of Mississippi, By and Through Edwin Lloyd PITTMAN, Attorney General of the State of Mississippi and Donald N. LOGAN, James D. Nunnally, Manuel Killebrew, Douglas L. Anderson, and Perrin H. Purvis, Individually and in Their Official Capacities as Public Officers and Public Servants v. The STATE of Mississippi, By and Through the MISSISSIPPI ETHICS COMMISSION, a State Agency; Walter Brown, Ben H. Stone, Mark G. Hazard, Eugene L. Fair, Nina B. Goolsby, John C. Henegan, and Elizabeth C. Powers, Individually and in Their Official Capacities as Members of the Mississippi Ethics Commission |
| Court | Mississippi Supreme Court |
John Grisham, Jr., Southaven, H. Scott Ross, Tubb, Stevens & Morrison, West Point, J. Reilly Morse, Bryan, Nelson, Allen, Schroeder & Cobb, Gulfport, Bob Owens, Owens & Owens, Jackson, James W. Craig, Byrd and Associates, Jackson, Azki Shah, Clarksdale, for appellant in No. 57642.
W. Wayne Drinkwater, Jackson, E. Spivey Gault, Lake, Tindall, Hunger & Thackston, Greenville, James P. Coleman, Ackerman, for appellee, in No. 57642 .
Edwin Lloyd Pittman, Atty. Gen. by Stephen J. Kirchmayr, Deputy Atty. Gen., Jackson, W. David Watkins, Holmes S. Adams & James W. Young, Brunini, Grantham, Grower & Hewes, Jackson, for amicus curiae, in No. 57642.
Isaac K. Byrd, James W. Craig, Byrd & Associates, Jackson, Thomas S. Shuler, McClure & Shuler, Sardis, for appellant, in No. 57359.
Edwin Lloyd Pittman, Atty. Gen. by Pete J. Cajoleas, Asst. Atty. Gen., Jackson, for appellee, in No. 57359.
L.H. Wilson, McKinley W. Deaver, Jackson, John H. Price, Jr., Dale F. Schwindaman, Jr., Thomas Price, Alston, Jones & Davis, Jackson, W. David Watkins, Holmes Adams & James W. Young, Jr., Brunini, Grantham, Grower & Hewes, Jackson, for amicus curiae, in No. 57359.
En Banc.
The State through Edwin Lloyd Pittman brought an action for declaratory judgment in the chancery court of the First Judicial District of Hinds County against Hillman T. Frazier and Bill F. Knox, alleging they were in violation of Article 4, Section 109 of the Mississippi Constitution. The final decree of that court so found, and the defendants have appealed.
The State through the Mississippi Ethics Commission brought a separate action for declaratory judgment in the same court against Donald N. Logan, James D. Nunnally, Manuel Killebrew, Douglas L. Anderson and Perrin H. Purvis, likewise alleging they were in violation of the same section of the Constitution. The final decree of that court so found, and all defendants with the exception of Purvis have appealed.
Also at issue in the chancery court was the constitutionality of certain statutes specifically authorizing the conduct in which the defendants were engaged, and the court found such statutes to be violative of the Constitution.
In addition to declaratory relief the Ethics Commission in an amended complaint sought restitution from the defendants named in its suit, for compensation received from the state in violation of Section 109. The court denied restitution. The Ethics Commission has cross-appealed from this denial.
We have consolidated these appeals, and the issues faced in each defendant's case, with the exception of Purvis, will be addressed. Mr. Purvis having refunded the State all funds with which he was charged with receiving in violation of Section 109, and having made no appeal, the decree as to him is final, and no issue as to him is before us.
On this appeal we construe Section 109 and its application to six officials serving in various public offices, together with prohibited interest contracts each was alleged to have under Sec. 109. We likewise address the constitutionality of certain sections of Miss.Code Ann. Sec. 25-4-101, et seq. (Chapter 469, Laws of 1983).
We further address whether the Ethics Commission had legal authority to maintain this action, and conclude it did.
For the reasons set forth below, on direct appeal we affirm the chancery court as to the defendants Frazier, Knox, Anderson and Killebrew, and affirm in part and reverse in part as to Nunnally and Logan.
We affirm on cross-appeal.
Frazier was elected to the office of State Representative, 67th District of the Mississippi Legislature most recently on November 8, 1983, for a four-year term, and formally accepted membership in that body for this term in January, 1984. On April 17, 1984, Representative Frazier voted "yea" on Senate Bill 2985, which became law on May 14, 1984, as Chapter 209, Mississippi Laws, 1984. This bill was an act making an appropriation to the Board of Trustees of State Institutions of Higher Learning for disbursement by the Board to Jackson State University and other state institutions of higher learning for the fiscal year 1985 (July 1, 1984, through June 30, 1985).
On June 19, 1985, Frazier entered into a contract of employment with Jackson State University as a Lecturer in the Department of Political Science for the June 3-July 28, 1985, period. As payment under this contract, Frazier received two checks totalling $2,484.84.
On March 19, 1985, Representative Frazier voted "yea" on Senate Bill 2997, which became law on April 19, 1985, as Chapter 149, Mississippi Laws, 1985, and which likewise was an appropriation bill to the State Institutions of Higher Learning just as Senate Bill 2985, but for the fiscal year 1986.
On September 16, 1985, Frazier entered into a contract of employment with Jackson State University in the same capacity for the September 3-December 16, 1985, period.
As payment under this contract, Frazier received four checks totalling $6,986.00.
Knox was first elected as a Supervisor, District 2 of the Board of Supervisors of Panola County in 1979, and was re-elected on November 8, 1983, for a four-term, which he began serving January 2, 1984.
On January 9, 1984, the Board of Supervisors of Panola County entered an order selecting the State Bank of Como, the Bank of Crenshaw and other Panola County banks as county depositories for the year 1984. On January 14, 1985, this Board again entered an order selecting these two banks and other Panola County banks as county depositories for the year 1985. Pursuant to these Board orders, for the period October, 1984--August, 1985, $1,095,917.57 of Panola County public funds were deposited in the State Bank of Como, and $1,516,896.62 of Panola County public funds were deposited in the Bank of Crenshaw.
Throughout 1984 Knox was president and chief executive officer of the Bank of Crenshaw, and chairman of its board of directors. On December 31, 1984, the Bank of Crenshaw was merged into the State Bank of Como, and continued to do business as the Bank of Crenshaw, a branch bank of the State of Como. Following the merger Knox remained president and chief executive officer of the Bank of Crenshaw, and was also the president, and bank security officer of the State Bank of Como, as well as a member of its board of directors. Knox was also a shareholder in the State Bank of Como, owning at least $200.00 of its capital stock. The record discloses no further information on the number of shares held by Knox, or percentage of stock ownership held by him in this bank.
Logan was principal at the Harper McGaughan Elementary School, a public school in the Long Beach Municipal Separate School District, a position he had held for a number of years, when he was elected as Alderman at Large of the city of Long Beach in a February, 1982, special election. He was re-elected in June, 1984, for a four-year term, and following his election he held both positions as school principal and alderman.
On September 7, 1982, the Board of Aldermen of Long Beach entered a resolution fixing and levying an ad valorem tax of 25.00 mills on each dollar of assessed valuation of all taxable property in the district for 1982 for operation of district schools. On September 20, 1983, this Board entered a similar resolution levying an ad valorem tax of 28.70 mills on all taxable property in the district for 1984 for this purpose. On September 12, 1985, this Board entered a similar resolution levying an ad valorem tax of 31.95 mills on all taxable property in the district for 1985 for school operating expenses.
The millage for school operating expenses mentioned above encompasses two ad valorem tax levies, a levy to support the minimum education program and a levy for the school district maintenance. The taxes collected from these levies are deposited to the credit of the school district, and from those funds Logan receives the local portion of his salary under his employment contract.
Successive annual contracts of employ between Logan and the school district were executed as follows:
May 19, 1983, with salary of $25,565 for 1983-84 school year;
May 5, 1984, with salary of $25,565 for 1984-85 school year;
June 27, 1985, with salary of $28,331 for 1985-86 school year.
As to the 1982 school tax levy, under Miss.Code Ann. Secs. 37-57-3 (1972) and -57-35 (1972) (repealed 1983), upon receipt of a certified copy of the order of the board of trustees of the school district requesting the same, it was mandatory that the city board levy up to a maximum amount of 25 mills on the taxable property of the district. In addition to the statutory mandate, pursuant to a suit filed by the board of trustees of the school district against the city, the chancery court of the First Judicial As to the 1983 school tax levy, under Miss.Code Ann. Sec. 37-57-105 (Supp.1985), upon receipt of a certified copy of the order of the board of trustees of the school district requesting the same, it was mandatory that the city board levy up to a maximum amount of 28 mills on the taxable property in the...
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