Many people, including government employees, are not aware of what rights citizens have under the Open Meetings Act. The Kingfish recently paid a visit to a local city hall so he could review the minutes of the 2017 meetings of the board of aldermen. Reading the minutes of your government at work should not be a problem, right? Guess again. A city employee said that I would have to file a public records request. Doing so means the government could take up to fourteen business days to provide me with a copy of the minutes I wanted to review. Fortunately, the Open Meetings Act provided a way out of this bureaucratic logjam.
Section 25-41-11 of the Mississippi Code states
Minutes of MeetingsThat last sentence means you have the right to walk into City Hall and see the minutes of all meetings of the Board of Aldermen, Boards, Commissions, or City Council. Period. The government can't require the submission of a public records request before you can review them. They have to be made available immediately. The government can charge copying fees if you wish to get a copy of the minutes. Keep in mind the minutes includes all attachments and exhibits such as contracts, claims dockets, invoices, and other documents that are discussed in the public meetings.
(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; 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 and shall be open to public inspection during regular business hours.
There is also a little-known feature of the Open Meetings Act that is important to public-spirited citizens. Suppose you go to a meeting of the City Council or Zoning Board. You notice that the members of that board all have a stack of papers that are identical. That is loosely termed a "board packet". That packet contains the documents and materials they will discuss at the meeting. It is very helpful to have one if one is going to attend such meetings. Thankfully, the Open Meetings Act gives you some rights to see this packet as well.
Section 25-41-5 (3) of the Mississippi Code states
An agenda and materials that will be distributed to members of the public body and that have been made available to the staff of the public body in sufficient time for duplication and forwarding to the members of the public body shall be made available to the public at the time of the meeting. Votes taken during any meeting conducted through teleconference or video means shall be taken in a manner that is clearly audible or visible to all members of the public body and to members of the public present at the public location.
A word of advice: These packets tend to be rather large. It is not uncommon for such packets to be 100-200 pages. The clerk will appreciate it if you give notice that you will attend the meeting and want a copy when you arrive. Some governments such as Jackson, Ridgeland, and Madison County are posting these packets on their websites and more should do the same. Keep in mind that the government can charge a copying charge although some choose not to do so in the spirit of the public interest.
That is today's lesson on civics in Mississippi. Read the rest of the Open Meetings Act. Remember, it is your government regardless of who is elected and you have the right to see what your elected officials are doing.
17 comments:
KF, did you give them your usual charm? I can't imagine why they wouldn't comply with your request!
State and local governments do not have transparency. Such is the case when several MDOT employees were caught using beer at Batesville 2 years ago for a college football game. I think Kingfish attempted to peer into that matter if I remember but no names were divulged due to state personnel laws or something of that nature. So, pretty much if you are a gubbermint worker you can hide a lot
Kingfish, but that is what Mississippi's elected officials want - an ignorant electorate. They don't want people who think for themselves. Look at the comments when the union was shot down in Canton. Look at the history of civil rights in this state. The plantation mentality will never leave this place. From the aristocrats who own it, down to the descendants of the overseer's pissed off at the descendants of the slaves, assuming they receive better housing and food rations and don't do sh*t in this state.
This place is a cesspool of ignorance.
It perpetuates in futility and wallows in apathy.
That's why a majority of its brightest hit the underground railroad the minute they graduate from high school - barefoot and with a knapsack in hand of hog maws, molasses, and cornbread.
This place will NEVER change for the better! So we will all sit here in misery and be miserable together!
Evidently you have never lived outside the borders of this ignorant state. Same events occur in most other states maybe with a bit more sophistication.
Why doesn't the state attorney general go after these city & county employees who misdirect, mislead, misinform, & throw roadblock in the way.
I always thought state law trumps city & local laws. Am I wrong?
We have a monarchy in Madison so we don't have to worry about that kind of stuff.
9:56:
Mayor Truly threw someone in jail a few years ago who tried to videotape a Board of Aldermen meeting. Remember that one?
Or my fight against Hinds County & the Precious Martin gang over the Motorola settlement. Don't think those were lily-white plantations.
There is enough of this to go around on all sides. Doesn't matter what party, race, or sex, human nature is human nature.
I meant to say using a State owned vehicle to purchase beer for a ball game. I apologize that I didn't proofread first. My point is, I wonder how many state employees misuse state vehicles.
Ha. Never had an issue in Madison. One of the better cities in terms of responding to public records requests.
As for the AG, ask him why he doesn't prosecute all the candidates who don't submit campaign finance reports at the municipal and county level of government.
Hey Kingfish - 9:56am here
I am including them too.
I can't speak for Madison - but I meant as a collective - state agencies, state legislators, the city councilman, county supervisors, lite governor, big governor.
This is a constant sh*t show.
Richard Hood doesn't have a hope in hell of being governor. Useless twit that he is.
Wonder where the Board packet is kept at Jackson City Hall? Never saw one out for public viewing.
They are on the city website.
See for yourself
Is one at liberty to attend a meeting of a public body (such as a commission or industrial board) and video the meeting with a cell phone (or other equipment) with or without asking permission? I ask because I don't know.
thanks so much for the info on the open meetings act. reading this post reminds me of a situation i have run into in more than one chancery clerk's office pertaining to public land and court records.
most of the land records rooms have a copy machine and the clerks charge $.25-$.50 per copy to make a copy of deeds, mortgages, contents of court files, etc.
the sharkey county chancery clerk and the holmes county chancery clerk have posted notices that prohibit using cell phones or other devices from taking photos or otherwise scanning the public record.
are the chancery clerks authorized to prohibit use of privately owned photo imaging devices in making copies of public records?
thanks in advance.
I know everyone has phones these days and likes to film everything, but it is really hard to concentrate on your work when there are cameras pointed toward you from every direction. I hate being filmed while at work and really hate seeing myself on the news.
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