MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Accountability, Efficiency, Transparency

By: Representative Turner

House Bill 1119

(As Sent to Governor)

AN ACT TO AMEND SECTION 25-41-5, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER IN WHICH TELECONFERENCE AND VIDEO MEETINGS ARE REQUIRED TO BE HELD UNDER THE OPEN MEETINGS ACT; TO AMEND SECTIONS 21-3-19, 21-5-13, 21-7-9, 21-8-11 AND 21-9-39, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-41-5, Mississippi Code of 1972, is amended as follows:

     25-41-5.  (1)  All official meetings of any public body, unless otherwise provided in this chapter or in the Constitutions of the United States of America or the State of Mississippi, are declared to be public meetings and shall be open to the public at all times unless declared an executive session as provided in Section 25-41-7.

     (2)  * * *(a)  A public body may conduct any meeting through teleconference or video means.  A quorum of a public body as prescribed by law may be at different locations for the purpose of conducting a meeting through teleconference or video means provided * * *participation is available to the general public at one or more public locations specified in the public meeting notice that the equipment used is located at the place where the public body normally meets or at a public location specified in any notice of a special meeting, and provided that the equipment allows all members of the public body and members of the public who attend the meeting to hear the deliberations of the public body.

 * * *  (b)  A municipal public body may establish a quorum with the members of such public body who are on active duty in any branch of the United States Armed Forces by using any teleconference or video device that allows such members of the municipal public body to clearly communicate with each other and clearly view each other for the purpose of conducting a meeting, voting on issues of the municipal public body and transacting business of the municipal public body provided that such participation is available to the general public at one or more public locations specified in the public meeting notice.

(3)  (a)  Notice of any meetings held pursuant to subsection (2) of this section shall be provided at least five (5) days in advance of the date scheduled for the meeting.  The notice shall include the date, time, place and purpose for the meeting and shall identify all locations for the meeting available to the general public.  All persons attending the meeting at any of the public meeting locations shall be afforded the same opportunity to address the public body as persons attending the primary or central location.  Any interruption in the teleconference or video broadcast of the meeting shall result in the suspension of action at the meeting until repairs are made and public access restored.

  (b)  Five‑day notice shall not be required for teleconference or video meetings continued to address an emergency as provided in subsection (5) of this section or to conclude the agenda of a teleconference or video meeting of the public body for which the proper notice has been given, when the date, time, place and purpose of the continued meeting are set during the meeting prior to adjournment.

     ( * * *43)  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 * * *all locations where public access will be provided the members of the public body shall be made available to the public at the time of the meeting.  * * *Minutes of all meetings held by teleconference or video means shall be recorded as required by Section 25‑41‑11.  Votes taken during any meeting conducted through teleconference or video means shall be * * *recorded by name in roll‑call fashion and included in the minutes.  In addition, the public body shall make an audio recording of the meeting, if a teleconference medium is used, or an audio/visual recording, if the meeting is held by video means.  The recording shall be preserved by the public body for a period of three (3) years following the date of the meeting and shall be available to the public 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.

 * * *

(5)  A public body may meet by teleconference or video means as often as needed if an emergency exists and the public body is unable to meet in regular session.  Public bodies conducting emergency meetings through teleconference or video means shall comply with the provisions of subsection (4) of this section requiring minutes, recordation and preservation of the audio or audio/visual recording of the meeting.  The nature of the emergency shall be stated in the minutes.

     SECTION 2.  Section 21-3-19, Mississippi Code of 1972, is amended as follows:

     21-3-19.  (1)  The mayor and board of aldermen shall hold regular meetings the first Tuesday of each month at such place and hour as may be fixed by ordinance, and may, on a date fixed by ordinance, hold a second regular meeting in each month at the same place established for the first regular meeting provided * * * said the second meeting shall be held at a day and hour fixed by * * *said the ordinance which shall be not less than two (2) weeks from the first day of the first regular meeting and not more than three (3) weeks from the date thereof.  When a regular meeting of the mayor and board of aldermen shall fall upon a holiday, the mayor and board shall meet the following day.  The mayor and board may recess either meeting from time to time to convene on a day fixed by an order of the mayor and board entered on its minutes, and may transact any business coming before it for consideration.  In all cases it shall require a majority of all aldermen to constitute a quorum for the transaction of business.  The quorum required by this section may be established by teleconference or video means as provided in Section 25-41-5(2) * * *(b).

     (2)  The mayor and board of aldermen may, pursuant to Section 21-17-17 * * *, Mississippi Code of 1972, set a day other than Tuesday for the holding of their regular monthly meeting.

     SECTION 3.  Section 21-5-13, Mississippi Code of 1972, is amended as follows:

     21-5-13.  (1)  Regular public meetings of the council shall be held on the first day of July after the election of the mayor and councilmen (or commissioners) that is not on a weekend, and thereafter at least twice each month, at such time as the council may by resolution provide.  When a regular meeting of the council shall fall on a holiday, the council shall meet the following day.

     Special meetings may be called at any time by the mayor or by two (2) councilmen.  At any and all meetings of the council, a majority of all the members thereof shall constitute a quorum.  The quorum required by this section may be established by teleconference or video means as provided in Section 25-41-5(2) * * *(b).  The affirmative vote of a majority of all the members of the council shall be necessary to adopt any motion, resolution or ordinance, or to pass any measure whatever, unless a greater number is provided for in this chapter.  Upon every vote taken by the council, the yeas and nays shall be called and recorded, and every motion, resolution or ordinance shall be reduced to writing before the vote is taken thereon.  Upon request of one or more council members, any motion, resolution or ordinance shall be read by the clerk before the vote is taken thereon.

     (2)  The council may, pursuant to Section 21-17-17, set a day other than Monday for the holding of its regular bimonthly meeting.

     SECTION 4.  Section 21-7-9, Mississippi Code of 1972, is amended as follows:

     21-7-9.  (1)  Regular public meetings of the council shall be held on the first Tuesday after the first Monday in January after the election of the members of the council and monthly thereafter on the first Tuesday in each month.  When a regular meeting of the council shall fall upon a holiday, the council shall meet the following day.  Special meetings may be called at any time by the mayor or by three (3) members of the council.  At any and all meetings of the council, five (5) members thereof shall constitute a quorum.  The quorum required by this section may be established by teleconference or video means as provided in Section 25-41-5(2) * * *(b).  The affirmative vote of a majority of the members of the quorum at any meeting shall be necessary to adopt any motion, resolution, or ordinance or to pass any measure whatever unless otherwise provided in this chapter.  Upon every vote taken by the council the yeas and nays shall be called and recorded and every motion, resolution, or ordinance shall be reduced to writing before the vote is taken thereon.  Upon request of one or more council members, any motion, resolution or ordinance shall be read by the clerk before the vote is taken thereon.

     (2)  The council may, pursuant to Section 21-17-17, set a day other than Tuesday for the holding of its regular monthly meeting.

     SECTION 5.  Section 21-8-11, Mississippi Code of 1972, is amended as follows:

     21-8-11.  (1)  During the first council meeting of a new council, the council shall elect one (1) member as president of the council and one (1) of its other members as vice president, both of whom shall serve at the pleasure of the council.  The president shall preside at all council meetings.  In the event of the president's absence or disability, the vice president shall act as president.  In the event of the absence of the president and vice president, a presiding officer shall be designated by majority vote of the council to serve during such meeting.  All councilmen, including the president, shall have the right to vote in the council at all times, even when serving as acting mayor.

     (2)  Regular public meetings of the council shall be held on the first Tuesday after the first day of July after the election of the members of the council that is not on a weekend and at least monthly thereafter on the first Tuesday after the first Monday in each month, or at such other times as the council by order may set.  Special meetings may be called at any time by the mayor or a majority of the members of the council.  At any and all meetings of the council, a majority of the members thereof shall constitute a quorum and the affirmative vote of a majority of the quorum at any meeting shall be necessary to adopt any motion, resolution or ordinance, or to pass any measure whatever unless otherwise provided in this chapter.  The quorum required by this section may be established by teleconference or video means as provided in Section 25-41-5(2) * * *(b).  Upon every vote taken by the council, the yeas and nays shall be recorded and every motion, resolution or ordinance shall be reduced to writing before the vote is taken thereon.  Upon request of one or more council members, any motion, resolution or ordinance shall be read by the clerk before the vote is taken thereon.

     (3)  No councilman shall be a member of any commission or board appointed or designated herein, or serve as a member of any commission or board under their jurisdiction except as otherwise provided by law.

     SECTION 6.  Section 21-9-39, Mississippi Code of 1972, is amended as follows:

     21-9-39.  (1)  Regular public meetings of the council shall be held on the first Tuesday of each month, at such time of day as the council may provide.  When a regular meeting of the council shall fall on a holiday, the council shall meet the following day. Special meetings may be called at any time by the mayor or two (2) councilmen on at least two (2) days' notice to the mayor and each member of the council.  A special meeting may also be held at any time by written consent of the mayor and all members of the council.  At all meetings of the council, a majority of the members thereof shall constitute a quorum.  The quorum required by this section may be established by teleconference or video means as provided in Section 25-41-5(2) * * *(b).  The affirmative vote of a majority of all of the members of the council shall be necessary to adopt any motion, resolution or ordinance, or to pass any measure whatever, unless a greater number is provided in this chapter.  Upon every vote taken by the council, the yeas and nays shall be called and recorded, and every motion, resolution or ordinance shall be reduced to writing before the vote is taken thereon.  Upon request of one or more council members, any motion, resolution or ordinance shall be read by the clerk before the vote is taken thereon.  The city or town manager may be appointed only at a regular meeting of the council with no less than a majority of the members, plus one (1), in attendance.

     (2)  The council may, pursuant to Section 21-17-17, set a day other than Tuesday for the holding of its regular monthly meeting.

     SECTION 7.  This act shall take effect and be in force from and after July 1, 2017.

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