Senate Bill 2289

(As Passed the Senate)

AN ACT TO BE KNOWN AS THE "MEETINGS ACCOUNTABILITY ACT"; TO AMEND SECTION 25-41-15, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY THAT MAY BE IMPOSED FOR VIOLATIONS OF THE OPEN MEETINGS ACT; TO AMEND SECTION 25-61-15, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY THAT MAY BE IMPOSED UNDER THE PUBLIC RECORDS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-41-15, Mississippi Code of 1972, is amended as follows:

25-41-15. The Mississippi Ethics Commission shall have the authority to enforce the provisions of this chapter upon a complaint filed by any person. Upon receiving a complaint, the Ethics Commission shall forward a copy of the complaint to the head of the public body involved. The public body shall have fourteen (14) days from receipt of the complaint to file a response with the commission. After receiving the response to the complaint or, if no response is received after fourteen (14) days, the commission, in its discretion, may dismiss the complaint or proceed by setting a hearing in accordance with rules and regulations promulgated by the * * * commission.

The chancery courts shall have concurrent authority to enforce the provisions of this chapter upon a complaint filed by any person and shall have the authority to issue injunctions and writs of mandamus to accomplish that purpose. Complaints filed with the Ethics Commission pursuant to this section may not be removed to chancery court, although orders of the Ethics Commission may be appealed as provided in this section.

* * * The Ethics Commission or chancery court may order the public body to take whatever reasonable measures necessary, if any, to comply with this chapter. If the chancery court finds that a public body has violated the provisions of this chapter, the chancery court may nullify and void any action taken by the public body in connection with the violation.

If the Ethics Commission or chancery court finds that members of a public body have * * * knowingly or recklessly violated the provisions of this chapter, the Ethics Commission or chancery court may impose a civil fine upon the individual members of the public body found to have violated this chapter in a sum not more than One Thousand Dollars ($1,000.00) per person for each violation, plus all reasonable expenses incurred by the person or persons in bringing the complaint to enforce this chapter, which expenses shall be assessed to the person found to have violated this chapter. Such expenses, which may include a reasonable attorney's fee, shall be awarded if the person bringing the complaint has prevailed on a majority of the claims asserted unless there are special circumstances making the award unjust. No public funds may be used to satisfy any monetary obligation imposed under this section.

Any fine imposed under this section shall be paid into the general fund of the public body violating this chapter.

Nothing in this chapter shall be construed to prohibit the Ethics Commission from mediating or otherwise resolving disputes arising under this chapter or from entering orders agreed to by the parties. In carrying out its responsibilities under this section, the Ethics Commission shall have all the powers and authority granted to it in Title 25, Chapter 4, Mississippi Code of 1972.

Any party may petition the chancery court of the county in which the public body is located to enforce or appeal any order of the Ethics Commission issued pursuant to this chapter. In any such appeal the chancery court shall conduct a de novo review. The provisions of this section concerning the assessment of expenses and attorney's fees shall apply to an enforcement action and any appeal.

SECTION 2. Section 25-61-15, Mississippi Code of 1972, is amended as follows:

25-61-15. Any person who shall * * * knowingly or recklessly deny to any person access to any public record which is not exempt from the provisions of this chapter shall be liable civilly in a sum not to exceed One Hundred Dollars ($100.00) per violation, plus all reasonable expenses incurred by such person bringing the proceeding, plus a reasonable attorney's fee.

SECTION 3. This act shall take effect and be in force from and after July 1, 2011.