MDOT puts new light on Open Meetings law

No to belabor the issue we've discussed extensively already, but here are a few reports from around the state on the latest involving Democrat MDOT Commissioners Wayne Brown and Bill Minor and their violation of Mississippi's Open Meetings Law.

The Greenwood Commonwealth: Dinner not exempt from sunshine law

When members of the Transportation Commission get together to discuss policy, it doesn’t matter whether they are doing it in a board room or over cocktails. It’s a meeting that the public has a right to know is occurring and the right to observe.

Minor, his fellow Commissioner Wayne Brown of the Southern District and Department of Transportation Director Butch Brown violated that requirement in August, according to the head of the state Ethics Commission.

This was no random social gathering. The intent of the dinner was clear -- to line up support on the commission for putting more state money into an interchange project, and to keep Hall out of the loop since he has been unreceptive to the idea. Furthermore, public officials don’t have to cast votes to be in a public meeting. They just have to have a quorum sufficient to conduct the public’s business — such as discussing where to spend its money.

If Minor and Brown don’t like those rules, they should regret the next time they’re invited to such a dinner.

The Madison County Journal: Skirting open meetings

An Ethics Commission report determined just that and found Commissioner Bill Minor of the Northern District and Wayne Brown of the Southern District guilty of violating the state's Open Meetings Act.

During his attempt to deny the charges, Minor actually confessed to the violation, not only confirming everyone who was present, but admitting they discussed funding for the Reunion interchange.

Ignorance of the law is no excuse, but so what if you're above the law.

Violators of the Open Meetings Act face a maximum $100 fine, that's all. The commissioners got a reprimand.

[Madison County Supervisor Tim] Johnson was joking about the violation recently during a meeting of the Board of Supervisors, saying he wanted to make sure everyone understood that a reception the board was invited to was "a dinner and not a meeting."

The statement drew laughter from other members of the board and county staff, but it's a meeting if they discuss public business.

If Johnson believes this is a joke and that such meetings are the appropriate way to conduct the county's business, then we are afraid to imagine what other open meetings infractions have occurred.

The fact these officials are not ashamed or afraid to break the law is good reason the Legislature should stiffen the penalty for violating the Open Meetings Act.

Northeast Mississippi Daily Journal: Transportation commissioners won’t fight ethics finding

Hood said late Wednesday that Commissioners Bill Minor of the Northern District and Wayne Brown of the Southern District withdrew their objection to his decision.

Last week, when Hood’s recommendation was released, the commissioners said they intended to object.

But Minor said Wednesday, “Let them do whatever they are going to do. I just want to get it over with.”

Hood will recommend to the commission that the transportation commissioners broke the law and that they be enjoined from violating it again.

While he said he wanted to put the incident behind him, Minor said he plans to ask the Ethics Commission for clarification on the open meetings law.

He said road contractors routinely invite all three transportation commissioners to lunch or dinner where often business is discussed.

The Madison County Journal: Law needs stronger penalty, experts say

Attorney Leonard D. Van Slyke, who operates a legal hotline for the Mississippi Center for Freedom of Information, said the case is a great example of the why the state's open meetings laws should be revised.

"I certainly believe that this case points out the need for stronger penalties and enforcement procedures," Van Slyke said. "Currently the law has very little steam and hopefully this will enable the legislature to see the need for strengthening these laws."

Van Slyke added that Minor and others involved seem to be unaware of the open meetings laws, as they continue to contend they've done nothing wrong.

Van Slyke said until more teeth are put into open meetings laws public officials will continue to ignore them.

"Stronger penalties would definitely promote public officials to seek education on the requirements of both the open meetings laws and public records legislation," Van Slyke said.

State Rep. Rita Martinson, R-Madison, says she will take a long look at the laws and supports change.

Martinson wrote a letter to the editor of several local newspapers calling out the actions of Minor and Brown, while questioning local officials' involvement.

She said such dealings should be done in public and those found in violation should face stricter punishment.