18 MAC Pt. 4, Ch. 1, R. 1.1
Definitions: The following definitions shall apply to this policy:
Cite as 18 Miss. Admin. Code Pt. 4, Ch. 1, R. 1.1
Definitions: The following definitions shall apply to this policy:
A. “Abuse” means acting in an arbitrary and capricious manner that adversely affects the
accomplishment of a function of any governmental entity.
B. “Governmental entity” means a board, commission, department, office or other agency of
state or political subdivision of the state.
C. “Employee” means any individual employed or holding office in any department or
agency of state or local government.
D. “Improper governmental action” means any action by an employee which is undertaken
in the performance of the employee’s official duties, whether or not the action is within
the scope of the employee’s employment:
1) Which is in violation of any federal or state law or regulation, is an abuse of
authority, results in substantial abuse, misuse, destruction, waste, or loss of public
funds or public resources; or
2) Which is of substantial and specific danger to the public health or safety; or
3) Which is discrimination based on race or gender.
E. “Misuse” means an illegal or unauthorized use.
F. “Personnel action” means an action that affects an employee’s promotion, demotion,
transfer, work assignment or performance evaluation.
G. “State investigative body” shall mean the Attorney General of the State of Mississippi,
the State Auditor, the Mississippi Ethics Commission, the Joint Legislative Committee on
Performance Evaluation and Expenditure Review or any other standing committee of the
Legislature, or any district attorney of the State of Mississippi.
H. “Use of official authority or influence” includes taking, directing others to take,
recommending, processing or approving any personnel action such as an appointment,
promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment,
performance evaluation or other disciplinary action.
I. “Waste” means an unnecessary or unreasonable expenditure or use.
J. “Whistleblower” means an employee who in good faith reports an alleged improper
governmental action to a state investigative body, initiating an investigation. For the
purposes of the provisions of Sections 25-9-171 through 25-9-177, the term
“whistleblower” also means an employee who in good faith provides information to a
state investigative body, or an employee who is believed to have reported an alleged
improper governmental action to a state investigative body or to have provided
information to a state investigative body but who, in fact, has not reported such action or
provided such information.