Senate Bill 2193

AN ACT TO AMEND SECTION 25-41-15, MISSISSIPPI CODE OF 1972, TO INCREASE THE MAXIMUM FINE FOR VIOLATIONS OF THE OPEN MEETINGS ACT AND TO MAKE THE VIOLATING PUBLIC OFFICIAL PERSONALLY LIABLE FOR THAT FINE; 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 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 Ethics Commission.

After a hearing, the Ethics Commission may order the public body to take whatever reasonable measures necessary, if any, to comply with this chapter. If the Ethics Commission finds that a public body has willfully and knowingly violated the provisions of this chapter, the Ethics Commission may impose a civil penalty upon each member of the public body who participated in the violation in a sum not to exceed One Thousand Dollars ($1,000.00) per violation, plus all reasonable expenses incurred by the person or persons in bringing the complaint to enforce 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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.