The vote on establishing a 2% tourism/food tax — scheduled for the Board of Aldermen during its Dec. 21 meeting — was tabled until the next aldermen’s meeting, set for Jan. 4.
A vote on the matter had already been postponed once, suggesting that all of the board members were not in total agreement on the matter. A unanimous vote of the board is required in order for the proposal to move forward to the next step in the approval process.
When the vote was about to take place on Dec. 21, Ward Two Alderman Henry Daniel made a motion to hold a five-minute recess in order to hold a private discussion with the other members of the board in advance of a vote.
Although the motion was seconded by Alderman-at-Large Earl Price, city attorney Jason White informed the board that doing so would violate the state’s open meeting laws, enforced by the Mississippi Ethics Commission.
“Y’all can all recess and leave the room, certainly. Go wherever you’d like,” said White. “But the five of you can’t leave the room together and discuss any city business.”
Daniel then attempted to make a motion to amend the agenda in order to discuss the proposed vote in executive session. Mayor Tim Kyle told Daniel that the tax vote was not a topic eligible for executive session. Under the state open meeting laws, boards are only permitted to hold such meetings for very limited purposes.
“In order for me to vote on this, I will have to discuss it with the board, so how would you do that?” asked Daniel.
“Talk,” Ward Three Alderman Robert Ellis told Daniel in response.
Rep. White also responded to Daniel's query, explaining proper procedure to the alderman.
“You can discuss it openly here while y’all are in session in an active board meeting or pass on the issue, vote it up or down tonight, or whatever you want to do. If you desire to speak to your fellow board members about this issue, you can speak to any of them one-on-one at any time away from here in private, just the two of you,” said White. “But you can’t meet not in a public open meeting and discuss city business as a corps of three of you.”
Daniel then put forward a motion to postpone the vote until the aldermen reconvene Jan. 4, and the motion was accepted.
The rules
According to Mississippi’s Open Meetings Act, a public body may hold an executive session for the transaction of business and discussion of personnel matters relating to the job performance, character, professional competence, or physical or mental health of a person holding a specific position; strategy sessions or negotiations with respect to prospective litigation, litigation or issuance of an appealable order when an open meeting would have a detrimental effect on the litigating position of the public body; transaction of business and discussion regarding the report, development or course of action regarding security personnel, plans or devices; or investigative proceedings by any public body regarding allegations of misconduct or violation of law.
It also includes transaction of business and discussion concerning the preparation of tests for admission to practice in recognized professions; transaction of business and discussion regarding the prospective purchase, sale or leasing of lands; cases of extraordinary emergency which would pose immediate or irrevocable harm or damage to persons or property, or both, within the jurisdiction of the public body; transaction of business and discussions or negotiations regarding the location, relocation or expansion of a business, medical service or an industry; or transaction of business and discussions regarding employment or job performance of a person in a specific position or termination of an employee holding a specific position.
The total vote on the question of entering into an executive session shall be recorded and spread upon the minutes of the public body, and any vote where an executive session is declared shall only be applicable to that particular meeting on that particular day.
