VICKSBURG -- Counsel is important, too, she added.
"The board attorney's level of experience is a factor as well as the ability of the legal adviser to stay out of policy matters and politics and just stick to legal applications," she said.
And, as in everything else, though the law makes no distinction, a police chief, supervisor, mayor or alderman who doesn't like a particular person or media representative may erect barriers not intended by the code. That happens, Kerby said, "if either side views the other as a political adversary as opposed to just doing the job in a professional manner."
In Bryan's view, there's just so far the Legislature can go in carrying out its intentions. Even if controversy is sure to follow a discussion or a decision, bad feelings are more intense if people sense information is being hidden.
Those who try to keep public information secret are "probably being counterproductive in the long run," Bryan said.
There's a remedy citizens can seek to get records that are denied - by suing in court. But, there's little that can be done if boards and commissions close meetings to keep what should be public debates private.
"If a meeting is closed," Bryan said, "the situation is different. It's closed, goes forward and then how do you unscramble those eggs?"
The senator said he'll always welcome ideas of how to increase openness, and, in turn, accountability, because open government and accountable government is good government.
"I can only tell you that public meeting exceptions should be narrowly drawn," he said. "Anything we can do to make exceptions more clear, we should do. I'd certainly like to see ideas anyone has on how the legislation could change."
Both acts are "permissive." Any agency or official may open any meeting or disclose any record. Although other considerations may apply, nothing in the acts themselves requires the closure of any meeting or the concealment of any record.
Mississippi Open Meetings Act, Mississippi Code 25-41-1
Purpose statement in act: "Formation and determination of public policy is public business and shall be conducted as open meetings, except as otherwise provided herein."
Synopsis: All meetings except purely social gatherings of all groups who manage or spend public funds are open to public attendance unless specifically closed due to type of entity (hospital, military, parole) or one of 11 specific subject areas. Meetings must begin in open session and, if closed, the reason must be detailed. Only the discussion is private. Minutes must be kept and actions must be recorded.
Most used exceptions: Personnel; prospective or pending litigation; prospective purchase, sale or leasing of property; location, relocation or expansion of a business or industry.
Remedy for abuse: People suing for a court to declare a meeting was illegally closed may recover a token fine and, in limited cases, attorney's fees.
Mississippi Public Records Act, Mississippi Code 25-61-1
Purpose statement in act: "It is the policy of this state that public records shall be available for inspection by any person unless otherwise provided by this chapter."
Synopsis: All records developed and kept in the course of governance, including e-mails, digital files, audio and video, are to be open to public inspection and copying.
Most used exceptions: Records of public bodies primarily engaged in law enforcement; records of the Mississippi Development Authority containing client information about development projects; Certain records compiled in coroners' investigations.
Remedy for abuse: After receiving a written denial of a request submitted in writing, people may sue in court, may recover a fine less than $100 plus reasonable court costs, including attorney's fees.
E-Mail
Print
@Nyx.CommentBody@