House Bill 903

AN ACT TO AMEND SECTION 25-41-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A COURT MAY VOID ANY ACTION TAKEN BY A PUBLIC BODY IN VIOLATION OF THE OPEN MEETINGS LAW IF THE COURT DETERMINES THAT THE PUBLIC INTEREST SO REQUIRES; 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. (1) 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.

(2) 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 member or members of a public body has willfully and knowingly violated the provisions of this chapter, the Ethics Commission may impose a civil penalty upon the individual members of the public body found to be in violation of the provisions of this chapter in a sum not to exceed Five Hundred Dollars ($500.00) for a first offense and One Thousand Dollars ($1,000.00) for a second or subsequent offense, plus all reasonable expenses incurred by the person or persons in bringing the complaint to enforce this chapter.

(3) 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.

(4) 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.

(5) (a) Upon a finding by a preponderance of the evidence that a public body has violated any provisions of this chapter, a court may void any action taken by a public body in violation of this chapter if the court determines that the public interest in voiding the action taken outweighs the public interest of sustaining the action itself.

(b) Any party aggrieved by the action taken by the public body in violation of this chapter may bring a suit for enforcement. Such suit shall be brought within six (6) months of the date of the violation, and in no event shall such suit be brought later than two (2) years after the date of the violation.

(c) The provisions of this subsection (5) shall not apply to an action taken in violation of this chapter if such action involved the issuance of bonds or other evidence of indebtedness of a public body if a public hearing, election or public sale has been held regarding the bonds or evidence of indebtedness.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.