Bill Text: MS SB2864 | 2017 | Regular Session | Introduced
Bill Title: Open meetings; require executive session and called special session reporting.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2017-01-31 - Died In Committee [SB2864 Detail]
Download: Mississippi-2017-SB2864-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division B; Accountability, Efficiency, Transparency
By: Senator(s) Stone
Senate Bill 2864
AN ACT TO AMEND SECTIONS 25-41-11 AND 25-41-7, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT PUBLIC BODIES PLACE EXECUTIVE SESSION INFORMATION ON THEIR MINUTES; TO AMEND SECTION 25-41-13, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT PUBLIC BODIES GIVE NOTICE OF THEIR MEETING SCHEDULES AND CALLED SPECIAL SESSION ON THE BODIES' WEBSITES, WHERE APPLICABLE; TO REQUIRE REPORTING BY A PUBLIC BODY TO THE ETHIC COMMISSION OF ANY OF THE PUBLIC BODY'S FAILURE TO PROVIDE NOTICE AS REQUIRED BY LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-41-11, Mississippi Code of 1972, is amended as follows:
25-41-11. (1) Minutes
shall be kept of all meetings of a public body, whether in open or executive
session, showing the members present and absent; the date, time and place of
the meeting; an accurate recording of any final actions taken at such meeting;
and a record, by individual member, of any votes taken; all information
required under Section 25-41-7 concerning any executive session; and any
other information that the public body requests be included or reflected in the
minutes. The minutes shall be recorded within a reasonable time not to exceed
thirty (30) days after recess or adjournment * * *, shall be open to public inspection
during regular business hours, and within thirty (30) days after recess or
adjournment shall be placed on the website of the municipality if the
municipality has a website.
(2) Minutes of a meeting conducted by teleconference or video means shall comply with the requirements of Section 25-41-5.
(3) Minutes of legislative committee meetings shall consist of a written record of attendance and final actions taken at such meetings.
SECTION 2. Section 25-41-7, Mississippi Code of 1972, is amended as follows:
25-41-7. (1) Any public body may enter into executive session for the transaction of public business; however, all meetings of any public body shall commence as an open meeting, and an affirmative vote of three-fifths (3/5) of all members present shall be required to declare an executive session.
(2) The procedure to be followed by any public body in declaring an executive session shall be as follows: Any member shall have the right to request by motion a closed determination upon the issue of whether or not to declare an executive session. The motion, by majority vote, shall require the meeting to be closed for a preliminary determination of the necessity for executive session. No other business shall be transacted until the discussion of the nature of the matter requiring executive session has been completed and a vote, as required in subsection (1) hereof, has been taken on the issue. The total vote on the question of entering into an executive session must be placed on the minutes.
(3) An executive session shall be limited to matters allowed to be exempted from open meetings by subsection (4) of this section. The reason for holding an executive session shall be stated in an open meeting, and the reason so stated shall be recorded in the minutes of the meeting. The names of the members of the body in attendance at the executive session, the name of any other person who participated in the executive session, and the length of the executive session must be placed on the minutes. Nothing in this section shall be construed to require that any meeting be closed to the public, nor shall any executive session be used to circumvent or to defeat the purposes of this chapter.
(4) A public body may hold an executive session pursuant to this section for one or more of the following reasons:
(a) Transaction of business and discussion of personnel matters relating to the job performance, character, professional competence, or physical or mental health of a person holding a specific position, or matters relating to the terms of any potential or current employment or services agreement with any physicians or other employees of public hospitals, including any discussion of any person applying for medical staff privileges or membership with a public hospital.
(b) Strategy sessions or negotiations with respect to prospective litigation, litigation or issuance of an appealable order when an open meeting would have a detrimental effect on the litigating position of the public body.
(c) Transaction of business and discussion regarding the report, development or course of action regarding security personnel, plans or devices.
(d) Investigative proceedings by any public body regarding allegations of misconduct or violation of law.
(e) Any body of the Legislature which is meeting on matters within the jurisdiction of that body.
(f) Cases of extraordinary emergency which would pose immediate or irrevocable harm or damage to persons or property, or both, within the jurisdiction of the public body.
(g) Transaction of business and discussion regarding the prospective purchase, sale or leasing of lands.
(h) Discussions between a school board and individual students who attend a school within the jurisdiction of the school board or the parents or teachers of the students regarding problems of the students or their parents or teachers.
(i) Transaction of business and discussion concerning the preparation of tests for admission to practice in recognized professions.
(j) Transaction of business and discussions or negotiations regarding the location, relocation or expansion of a business, medical service or an industry.
(k) Transaction of business and discussions regarding employment or job performance of a person in a specific position or termination of an employee holding a specific position. The exemption provided by this paragraph includes transaction of business and discussion in executive session by the board of trustees of a public hospital regarding any employee or medical staff member or applicant for medical staff privileges and any such individual's credentialing, health, performance, salary, raises or disciplinary action. The exemption provided by this paragraph includes the right to enter into executive session concerning a line item in a budget which might affect the termination of an employee or employees. All other budget items shall be considered in open meetings and final budgetary adoption shall not be taken in executive session.
(l) Discussions regarding material or data exempt from the Mississippi Public Records Act of 1983 pursuant to Section 25-11-121.
(m) Transaction of business and discussion regarding prospective strategic business decisions of public hospitals, including without limitation, decisions to open a new service line, implement capital improvements, or file applications for certificates of need or determinations of nonreviewability with the State Department of Health.
(n) Transaction of business of the boards of trustees of public hospitals that would require discussion of any identifiable patient information, including without limitation, patient complaints, patients' accounts, patients receiving charity care, or treatment that could be identified to a patient.
(5) The total vote on the question of entering into an executive session shall be recorded and spread upon the minutes of the public body.
(6) Any vote whereby an executive session is declared shall be applicable only to that particular meeting on that particular day.
SECTION 3. Section 25-41-13, Mississippi Code of 1972, is amended as follows:
25-41-13. (1) Any public body which holds its meetings at such times and places and by such procedures as are specifically prescribed by statute shall continue to do so and no additional notice of such meetings shall be required except that a notice of the place, date, hour and subject matter of any recess meeting, adjourned meeting, interim meeting or any called special meeting shall be posted within one (1) hour after such meeting is called in a prominent place available to examination and inspection by the general public in the building in which the public body normally meets. A copy of the notice shall be made a part of the minutes or other permanent official records of the public body.
(2) Any public body, other than a legislative committee, which does not have statutory provisions prescribing the times and places and the procedures by which its meetings are to be held shall, at its first regular or special meeting after the effective date of this chapter, spread upon its minutes the times and places and the procedures by which all of its meetings are to be held. If a public body other than the Legislature has a website, the body's regular meeting schedule shall be posted on the website; notice of a called special meeting must be posted on the website at least twenty-four (24) hours before the meeting, or, in an emergency, the notice shall be posted as soon as possible.
(3) Notice of any regular meeting held by a state agency, other than a legislative committee, shall be submitted to the Department of Finance and Administration at least twenty-four (24) hours before the meeting in order to be posted on the department's searchable website created by the Mississippi Accountability and Transparency Act, Section 27-104-152 et seq. For purposes of this subsection, the term "state agency" means an agency, department, institution, board, commission, council, office, bureau, division, committee or subcommittee of the state. However, the term "state agency" does not include institutions of higher learning, community and junior colleges, counties or municipalities.
(4) (a) During a regular or special session of the Mississippi Legislature, notice of meetings of all committees, other than conference committees, shall be given by announcement on the loudspeaker during sessions of the House of Representatives or Senate or by posting on a bulletin board provided for that purpose by each body.
( * * *b) When not in session, the meeting
times and places of all committees shall be kept by the Clerk of the House of
Representatives as to House committees and by the Secretary of the Senate as to
Senate committees, and shall be available at all times during regular working
hours to the public and news media.
SECTION 4. If a public body fails to satisfy any public notice requirement for any reason, it must file a report of that failure with the Mississippi Ethics Commission within three (3) days of the discovery of the omission and the report must be placed on the minutes at the next meeting of the public body.
SECTION 5. This act shall take effect and be in force from and after July 1, 2017.
