Gannett River States Publishing Corp., Inc. v. City of Jackson, et al.
| Docket Number: | 2002-CA-02032-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 02-26-2004 Opinion Author: Smith, P.J. Holding: Reversed and Remanded |
|
| Additional Case Information: |
Topic: Open Meetings Act - Social gathering - Section 25-41-3 Judge(s) Concurring Separately: Dickinson, J., Concurs With Separate Written Opinion, Joined by Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley and Graves, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
|
| Trial Court: |
Date of Trial Judgment: 11-18-2002 Appealed from: Hinds County Chancery Court Judge: Denise Owens Disposition: Held that a specific meeting of the Jackson City Council was a social gathering and thus not subject to the requirements of the Open Meetings Act. Case Number: G2001-152 O/3 |
|
| Note: | nature of case: The Clarion- Ledger (Gannett), accused the Jackson City Council of denying the public and the press access to a meeting held during regular business hours and refusing to release the minutes of the meeting to the public. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Gannett River States Publishing Corporation, Inc. d/b/a The Clarion-Ledger |
LEONARD D. VAN SLYKE, JR.
LAURA L. GIBBES |
||
| Appellee: | City of Jackson, Harvey Johnson, in his official capacity as Mayor of the City of Jackson; Margaret Barrett, in her official capacity as President of the Jackson City Council; and Ben Allen, Leslie McLemore, Kenneth Stokes, William "Bo" Brown, C. Daryl Neely and Allen "Chip" Reno, Jr., in their official capacity as members of the Jackson City Council | RONALD DEWAYNE BAILEY TERRY WALLACE |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Open Meetings Act - Social gathering - Section 25-41-3 |
| Summary of the Facts: | Gannett River States Publishing Corporation, Inc. d/b/a The Clarion-Ledger, accused the Jackson City Council of denying the public and the press access to a meeting held during regular business hours and refusing to release the minutes of the meeting to the public. The court found that the meeting was merely a social gathering and that neither the Open Meetings Act or the Mississippi Public Records Act was violated. Gannett appeals. |
| Summary of Opinion Analysis: | A public body holding a meeting must make the meeting open to the public unless an executive session is called. A meeting is defined in section 25-41-3 as an assemblage of members of a public body at which official acts may be taken upon a matter over which the public body has supervision, control, jurisdiction or advisory power. The statute defines a public body as any executive or administrative board, commission, authority, council, department, agency, bureau or any other policy making entity of the state of Mississippi, or any political subdivision or municipal corporation which is supported wholly or in part by public funds or expends public funds. Here, the six of seven council members who were present at the event composed a public body then that could have taken official acts because a quorum was present. Factors to be considered in the determination of whether an activity is business or social within the context of the open meetings requirement include the activity that takes place at the function, the advance call or notice given to the members, an agenda, the claim for per diem and travel expenses by the Board members, and other pertinent factors. Here, the activity was the gathering of a quorum of the board members, the mayor, his staff, and city attorney led by a facilitator. The members were given advance call or notice. The facilitator’s flip chart is indicative of an agenda. Since the event was held at the Jackson School District’s Environmental Learning Center, it seems unlikely travel expenses would be incurred. Also pertinent to the determination of the social or business nature of the event is the fact that no spouses, family members, or friends of the council members or city employees were present or invited. The stated purpose of the function was to improve the ability of those present to work together through learning more about each other. The city council should have held the meeting in an open and public manner. If it became apparent that the public needed to be excluded for a legislatively approved reason, the council could have then voted to go into executive session after stating a specific reason. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
