Back on the old soap box again, but sometimes it is important to be reminded of the importance of the press.
In 2005 National Sunshine Week was launched to emphasize open meetings and records to which citizens have a right to have access. March 15 through March 21 is designated as National Sunshine Week.
Materials considered public records have not always been made available to the public. The state adopted a more transparent form of government in 2005 with the Open Records Act. Prior to that the state was identified as having one of the worst records in the nation for allowing public access, including access by the press.
It was not until 2010 that the Senate passed Senate Bill 2373 that put teeth into the law. At that point if records were denied to the public or press, the offending party would be fined $1,000. If withholding a record was based on advice from the board attorney, the attorney could also be held liable for the same amount.
The law covered open meetings as well as public access to records. The meeting guidelines are defined through the Mississippi Code 25-4-1. Many people do not realize that a meeting of an appointed board by government, say, a zoning board or planning committee, falls under the same guidelines as a governmental entity.
The law requires giving notice of such meetings as well as granting public access to records.
It was thought that “workshops” were exempt. That is not the case. They fall under the same rules as the appointing committee. Furthermore, meeting in small groups to avoid public meetings--such as a dinner in which business is privately discussed--is also prohibited.
Most city and county government meetings follow the guidelines as well as the intent of the law. When they are forced to go into executive session, which is not required and which is not open to the public, they just choose to do so. That is fine and legal as long as the purpose of the closed meeting fits the parameters of the law.
The only requirement is that if any official actions are taken in such meetings they must be reported. If the members are discussing information and take no action, they are not required to reveal what was discussed.
But contrary to what some board members think, they are not restricted from revealing what was discussed. However, they may not speak for the board, only for themselves. Apparently a lot of attorneys neglect to mention this.
Reasons for going into executive session include issues like personnel performance, but in that case the person should be identified. The law states that simply claiming “personnel issue” does not fit the requirements for closed meetings.
The discussion of transfer of land can be discussed in executive session, but it is not required. Emergency safety meetings could be held if necessary. Strategy for a lawsuit can be done in closed sessions, but not the fact that a board is being sued.
Generally, if the press doesn’t know, the public doesn’t know. We are pleased, however, to report that in most circumstances our boards are receptive to following guidelines for open meetings as well as records.
