Mississippi Code

Miss. Code Ann. § 25-4-109 (2026)

Penalties; elected and nonelected public servants

✓ current as of July 2026

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(1) Upon a finding by clear and convincing evidence that any elected public servant or other person has violated any provision of this article, the commission may censure the elected public servant or impose a civil fine of not more than Ten Thousand Dollars ($10,000.00), or both. The commission may further recommend to the Circuit Court for Hinds County that the elected public servant be removed from office.

(2) Upon a finding by clear and convincing evidence that any nonelected public servant has violated any provision of this article, the commission may censure the nonelected public servant or impose a civil fine of not more than Ten Thousand Dollars ($10,000.00), or both. The commission may further recommend to the Circuit Court for Hinds County that the nonelected public servant be removed from office, suspended, or subjected to a demotion or reduction in pay.

(3) The commission may order restitution or other equitable or legal remedies to recover public funds or property unlawfully taken, as well as unjust enrichment, although not public funds. Any pecuniary benefit received by a public servant in violation of this article may be declared forfeited by the commission for the benefit of the governmental entity injured.

(4) In the event a public servant does not appeal the decision or recommendation of the commission, the commission may petition the Circuit Court for Hinds County for the removal, suspension, demotion or reduction of pay of the public servant as provided by law.

Laws, 1983, ch. 469, § 5; Laws, 2008, ch. 562, § 15, eff. 8/5/2008 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).

Notes of Decisions

Cited in 3 cases, 1992–1994 · leading case: Winder v. State, 640 So. 2d 893 (Miss. 1994).

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Winder v. State, 640 So. 2d 893 (Miss. 1994). “Moreover, Miss. Code Ann. § 25-4-109 (1972) required that a jury could convict only upon a finding of "clear and convincing evidence" of violation of the statute.”

Towner v. Moore Ex Rel. Quitman Cty. Sch. Dist., 604 So. 2d 1093 (Miss. 1992). · cites it 3× “1989), and demanded (1) forfeiture of all sums paid to Ezra Towner under his contracts of employment, § 25-4-113, supra; (2) the removal of Mary Towner from the school board, Miss. Code Ann. § 25-4-109 (1) (Supp. 1989); and (3) imposition of a civil fine against Mary Towner, §…”

Towner v. Moore ex rel. Quitman Cnty. Sch. Dist., 604 So. 2d 1093 (Miss. 1992). · cites it 3× “1989), and demanded (1) forfeiture of all sums paid to Ezra Towner under his contracts of employment, § 25-4-113, supra; (2) the removal of Mary Towner from the school board, Miss. Code Ann. § 25-4-109 (1) (Supp.1989); and (3) imposition of a civil fine against Mary Towner, §…”

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