Hey Bluegrass, You're certainly on to something!  See http://www.mcfoi.org/handbook.htm#OPEN excerpted below.

Open Meetings

A Brief Synopsis of the Act
 
 
 

Mississippi Open Meetings Act
MCA § 25-41-1 et seq.

1. What entities are covered?

Any state, county, or local executive or administrative board, commission, authority, council, department, agency, bureau, or any other policy-making entity, or a committee thereof, which is supported wholly or in part by public funds, or expends public funds, as well as any standing, interim or special committee of the State Legislature.
 

2. What entities are not covered?

a. State judiciary, including all jury deliberations;

b. Public and private hospital staffs;

c. Public and private hospital boards and committees;

d. Law enforcement officials;

e. The military;

f. State probation and parole board;

g. Workers' Compensation Commission;

h. legislative subcommittees and conference committees;

i. Miss. Farm Mediation Office.
 

3. What types of meetings are covered?

Any "assemblage of members of a public body at which official acts may be taken upon a matter over which the public body has supervision, control jurisdiction, or advisory power," including

a. an "informal meeting" of a public body and its staff although no votes are taken by the public body's members;

b. luncheon meetings of a public body where deliberation and discussion takes place concerning matters within the public body's jurisdiction;

c. work session of a public body;

d. joint meetings of two public bodies; and

e. a local school board of trustees' visit to a public school.
 

4. What types of meeting are not covered?

"Chance" meetings or "social gatherings" of members of a public body are not covered. Regular meetings of public officials at the local coffee shop to discuss county or local business are not chance meetings.
 

5. When can a public body go into "executive session"?

a. personnel matters relating to job performance or the character, professional competence, or physical or mental health of a person holding a specific position;

b. prospective or actual litigation;

c. security personnel, plans or devices;

d. investigations concerning allegations of misconduct or violations of law;

e. extraordinary emergencies posing immediate or irrevocable harm to persons or property;

f. prospective purchase, sale or leasing of lands;

g. preparation of admission tests for recognized professions;

h. location, relocation or expansion of business or industry;

i. line item in a budget which might affect termination of an employee or employees, although all other budget items must be considered in open meeting;

j. discussions between school board and individual students, parents or teachers within the board's jurisdiction regarding problems with the students, parents or teachers;

k. any body of the Legislature which is meeting on matters within that body's jurisdiction may go into executive session.

Procedure for executive session: All meetings must begin as open meeting, even if the only matters to be discussed are topics exempted under the law. Three-fifths affirmative vote of all members present is required before a public body can go into executive session. The reason for executive session must be stated in open meeting and recorded in the minutes.
 

6. What type of notice is required?

Unless time and place for a public body's meetings are prescribed by statute, the public body must set forth in its minutes the time, place and procedure for all of its meetings. A city must fix by ordinance the place and hour of its board meetings. A board of supervisors must usually give notice five days before a special meeting takes place.

Notice of meetings of State Legislative committees, other than conference committees, shall be announced on the loudspeaker during sessions or posted on the bulletin board. When not in session, the Clerk of the House or the secretary of the Senate shall keep the meeting times and places.
 
 
 

7. What if a public body recesses its meeting, or calls a special meeting?

Specific notice of any recessed meeting, adjourned meeting, interim meeting, or any called special meeting must be posted within one hour after the meeting is called.
 

8. Are minutes required to be taken, and if so, what must be included?

Minutes must be kept for all open and executive sessions of a public body covered by the law. The minutes must include: 1) what members are present and absent; 2) the date, time, and place of meeting; 3) an accurate recording of any final actions; 4) a record, by individual member, of any votes taken; and 5) any other information that the public body requests be included. Minutes must be recorded within 30 days after recess or adjournment. Recorded minutes must be open to public inspection during regular business hours. If a request for the minutes is made before the minutes have been recorded and/or approved, the body must make available the notes from which the minutes will be prepared.
 

9. Audiotape, videotape and film.

A public body cannot ban a person's making notes or using a tape recorder at a public meeting as long as the recording process is not interfering with the orderly conduct of the meeting. Since videotaping or filming a public body's meetings can now be done without interfering with the public body's proceedings, it would arguably be unreasonable for a public body to prohibit this type of activity.
 

10. Enforcing rights under the law.

First step is to talk to local public official and express concern that the public body is not complying. Back up your request in writing. If informal discussions fail, you have the right to file suit in chancery court and request an injunction or writ of mandamus to require compliance.

Reporters should object verbally when a meeting is about to be closed, in apparent violation of the law.

I just sent the following letter to the Hattiesburg American:

Permission to speak freely, sir?

Those who hope that USM president Shelby Thames’s suddenly assembled show council of faculty, staff, and students ("USM council meeting moves ahead," May 10, 2004) will somehow facilitate communication between the president and everyone else on campus should reflect on the fact that he has ignored the many duly elected and constituted faculty councils that already exist on campus. The Faculty Senate has actually had to go to the newspaper in an attempt to communicate with Dr. Thames. Members of the new council will have little freedom to say anything but what Dr. Thames apparently wants to hear. They will be appointed by the mostly untenured deans, who themselves are in danger of losing their jobs if they demonstrate any dissent, and at least two-thirds of the council will be students and staff, with even less power to say no.

A leader who cannot listen to reasonable dissent cannot succeed. "Without counsel, plans go awry, but in the multitude of counselors they are established" (Proverbs 15:22). Even in the military, that most undemocratic of institutions, a soldier may request permission to speak his mind without reprisal. How much more should one be able to speak in an American university, an institution that has always guaranteed its tenured members permission to speak freely so that those members can move forward in the pursuit of truth, which is the primary charge of the university? It is ironic that Mississippians in the armed forces have been sent to Iraq with the stated goal of establishing elective representation, when–here at home–Dr. Thames is being allowed to abolish it.

Jameela Lares

Associate Professor of English

The University of Southern Mississippi

Jameela:

In the military soldiers are led up the hill (the charge) by officers, such as Lt. Winters last night in the battle for Carentan on Band of Brothers.  Soldiers will follow those they respect and believe in, not those who beat them down and are not competent to lead (as the character Sobel on Band of Brothers).

<CYNICISM>

4. What types of meeting are not covered?
"Chance" meetings or "social gatherings" of members of a public body are not covered. Regular meetings of public officials at the local coffee shop to discuss county or local business are not chance meetings.  

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So a party at a board member's house is exempt? How much "decision making" actually happens at "social gatherings?"

5. When can a public body go into "executive session"?

b. prospective or actual litigation;

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It seems that nowadays anything could be construed as having the prospect for litigation. So all a board member has to do is utter the words "We might be sued over this" to have a rationale for going into closed session.

I know if I were a public official that's what I'd do. I'd demand accountability from everyone under my command, while using closed meetings to avoid being accountable for what I say or do. Closed meetings mean "plausible deniability."

"Honest, all the other board members were against you. I was the only one who stood up for you."

</CYNICISM>

quote:

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Originally posted by: Doug Chambers
"Jameela - great letter!  Write on. Re: PUC.  The appointments so far speak volumes - EP's choice of Tom Fraschillo from the CoAL is particularly telling.  I am sure that Tom is a good person, but I see no evidence of any willingness to speak up coming from that quarter.  NO QUARTER.  Increasingly this looks like just another scam, another cynical pr ploy.  Useless.  If Tom accepts then he also crosses the line voted on by the Council of Chairs straight into lackeyland.  But then, didn't The Pride get brandnew uniforms last semester?  To Dean Pood - THIS was the choice that you said would show you were serious?  Not very encouraging, to say the least. Another missed opportunity at the very best.  "

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Doug -- to be fair to the Dean.

I know what at least one other choice was. In that case the Dean couldn't get the choice because the choice wasn't going to cooperate. It would have been a pretty militant choice. I don't support this thing but I don't think you can read into the choice of Tom an unwillingness to choose a hard questioner . . . I think the field of willing people who will ask the hard questions is pretty limited.

Great letter, Jameela!  Way to go!

Where is PUC? I heard Room H at the Union. It's not a big room.

quote:

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Originally posted by: Doug Chambers
"Thanks, pp re: the Dean.  But look what you just said.  His first even 'militant' choice was unacceptable (presumably to SFT?) and so then he chose Tom F. instead, "

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No Doug, you misunderstood. I meant that the person the Dean wished to appoint refused to put his/her hat in the ring. I suspect there aren't many who will. There are some who feel an obligation to seek out every opportunity for dialogue -- some whom voted no confidence. I think the process is wrong but we can't assume the people being selected are weak, have wrong motivations, or even that the Deans are deliberately trying to undermine the Senate and oas best we can.pposition. Most everyone has mixed agendas -- few of us are pure. We have to all play our roles . . .  as best we can

quote:

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Originally posted by: Doug Chambers
"MEA CULPA, for misunderstanding.  And good for El Dean for asking someone who in fact was not willing to be used.  But, one may ask, why Tom F.?  Will he really be willing to ask actual, tough questions?  Is he the person to best represent the faculty of the CoAL?  I will be there, if they let me in the room, to see just what the dynamic really is.  If SFT is contrite and solicitous and substantive (as opposed to the usual self-aggrandizing, bullying and 'spinacious' [NB: how about that for a neologism]), then yes, maybe.  But in the end, what else is there to communicate better?  How the V-P/Research is grossly unqualified for that job at a major state university?  How SFT is the problem?  How USM is becoming the new Mississippi Mud?  How investing in all those administrative hires rather than, say, the Library (so that it may qualify for ARL status, or even ASERL status) was/is ridiculous?  And on and on. Hey, that suggests something: what are the 10 questions that our fellow CoAL colleague Dr. Thomas Fraschillo (who apparently is representing us) should ask Dr. Thames tomorrow at the inaugural PUC meeting?  "

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I have sent him several of mine: one is that the admin can begin right away to prove itself by addressing the email issue as the Fac Senate has requested. Doesn't take a lot of thought or consultation on the admins part and would be a positive sign before we go any further.

Don't know what the pool finally was from the arts. I bet it was small. Theatre and Dance wouldn't join in at all. I don't know about art. Obviously at least some in music did. Small pool. At least he is tenured.