Commission might have violated Open Meetings Act

Published 10:45 am Thursday, August 21, 2014

 The Warren County Parks and Recreation committee met in closed session Tuesday in possible violation of Mississippi’s Open Meetings Act.

The decision came after Omar Nelson, chairman of the City of Vicksburg’s ad hoc recreation committee, spoke with the commission’s secretary, who then talked with board chairman L.T. Walker.

After the brief encounter, Walker proposed a vote to enter executive session.

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An agenda passed out at the beginning of the meeting did not include an executive session among the items listed for consideration.

After the executive session was approved, some spectators at the meeting protested.

When pressed for reasoning for the closed session, Nelson — who is not on the county’s board —indicated it would be to discuss funding, adding shortly thereafter that they would also discuss “personnel.”

After the commission entered executive session, no members of the county’s board informed attendees of what the agenda was for the closed session. The Vicksburg Post has submitted a Freedom of Information Act request for the minutes of Tuesday’s entire meeting.

Reasons for going into executive session under the state’s Open Meetings Act include business related to personnel, strategy sessions regarding litigation, investigations of misconduct, proposed land sales or purchases, termination or hiring of employees or extraordinary emergency posing immediate or irrevocable harm to persons or property.

Wednesday, Nelson confirmed that he and committee member Linda Fondren met with the commission in executive session to discuss “different types of funding” but would not elaborate.

“It was a good meeting that was very productive,” he said. “We would have liked to have had more time. We will be having future meetings with them in the future.”

According to the 1989 Mississippi Supreme Court decision Hinds County Board of Supervisors v. Common Cause, the reason for going into executive session “must be more than some generalized term which, in reality, tells the public nothing. To simply say, ‘personnel matters’ or ‘litigation,’ tells nothing.

“The reason stated must be of sufficient specificity to inform those present that there is in reality a specific, discrete matter or area which the board has determined should be discussed in executive session.”

Attempts to contact Walker Wednesday were unsuccessful.