The Mississippi Justice Institute (MJI) won its second Open Meetings Act case in two years in Lauderdale County Chancery court on Friday. The case was filed on behalf of Tommy Williams, a Lauderdale County resident, who challenged the Lauderdale County Board of Supervisors for violating open meetings laws. The Lauderdale Supervisors dropped their appeal on Friday, meaning the ruling that they held illegal, closed-door meetings to make decisions about borrowing money through bonds is final.
“This is an important win that should send a message around Mississippi: don’t violate the ethics and open government laws, or responsible citizens and the Mississippi Justice Institute will stand up for their rights and challenge you,” said MJI Director Shadrack White.
Meridian attorney Stephen Wilson and White represented Williams in the case, Thomas E. Williams v. Lauderdale County Board of Supervisors. Williams blew the whistle when Lauderdale Supervisors purposefully met in small groups to avoid creating a quorum. By not creating a quorum at any one meeting, Supervisors believed they could avoid the requirements in the Open Meetings Act that said those meetings had to be open to the public.
“Mississippians deserve transparent government. Citizens have the right to see, in flesh and blood, how their leaders make decisions,” said White. “This case reaffirms that principle.”
“MJI was successful in this case thanks to Tommy’s courage and thanks to a strong precedent set in a previous MJI case on the Open Meetings Act,” added White. Last year, MJI won an Open Meetings Act case involving the City of Columbus at the Mississippi Supreme Court. The case set a critical precedent that politicians cannot hold small meetings for the purpose of sidestepping open meetings laws.
“Meridian attorney Stephen Wilson is a brilliant lawyer and also deserves a great deal of credit for driving this case to completion,” said White.
The Open Meetings Act states that all official public meetings of a government body where a quorum is present should be open to the public, with only a few exceptions. Now courts have bolstered the law with two rulings that say politicians may not pre-arrange smaller meetings with the intent to avoid the requirements of the Open Meetings Act.
The Lauderdale Chancery Court’s ruling upholds an initial ruling by the Mississippi Ethics Commission in this case. “The Ethics Commission should be commended as well here,” said White. “They did excellent work uncovering the facts of this case and upholding transparent government.”
In its two year history, MJI has built a track record of success, particularly in transparency and ethics laws cases. MJI has also sued Jackson over its onerous regulations on new taxi businesses, has successfully defended the rights of Mississippi charter school parents in a landmark constitutional case, and has filed a complaint challenging Natchez’s violation of transparency laws.
Mississippi Center for Public Policy President & CEO Jon Pritchett announced today that Brett Kittredge has been named the new Director of Marketing & Communications for MCPP.
In this new position, Kittredge will oversee all media relations and marketing and communications needs for the office.
“We’re building not only a powerful policy and justice organization here, but also a media content shop where the leveraging of digital and traditional media is essential,” Jon said. “Brett has demonstrated that he has the strategic understanding and the tactical skills to allow us to communicate and market our ideas across the state and nation. We’re delighted to add another smart, dedicated conservative to our team.”
Kittredge previously served as Director of Communications for Empower Mississippi. Prior to that, he served in similar roles for the Mississippi Republican Party and the Office of the State Auditor.
“I am excited for this opportunity,” Brett said. “MCPP has a proud history of advancing the ideals of liberty and freedom in Mississippi, and I am ready to build on that legacy and take our communications platforms to the next level and spread our message of real conservative ideas with policy makers, the media, and the public.”
Kittredge received his Bachelor’s Degree from the University of Mississippi and his Master’s Degree from Abilene Christian University.
Today the U.S. Supreme Court ruled in favor of the plaintiff in an important First Amendment case, Minnesota Voters Alliance v. Mansky. Mississippi Justice Institute Director Shadrack White partnered with other organizations from around the country to file an amicus brief in the case in favor of the plaintiff.
“This is an important victory for freedom of speech today,” said White. “Conservatives and libertarians should be ecstatic over the recent rulings coming out of our Supreme Court. It was a privilege to be able to file an argument in this case supporting the winning side.”
The Mansky case challenged a Minnesota law that barred apparel that had ideological messages on it in polling places. MJI and other organizations argued that the Minnesota law violated the First Amendment.
“Minnesota tried to argue that this case was about protecting voters in the voting booth, but Minnesota’s law was being enforced in a way that favored some ideologies over others. For example, Minnesota admitted that they would ban shirts from a polling place that had the words ‘Don’t Tread on Me’ or the text of the Second Amendment or ‘All Lives Matter,’ but they would allow shirts with a rainbow flag or shirts that said ‘Parkland Strong.’
“That sort of inconsistent enforcement is exactly why we have the First Amendment: to protect the right of a person to speak even if the government happens to disagree with you or when someone says they’re offended by it,” said White. “You should not be punished for wearing a conservative or libertarian message. Americans should be thankful that this Court takes freedom of speech seriously.”
Click here to read the amicus brief from MJI and its sister organizations.
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Victory for charter schools in Mississippi
Mississippi Justice Institute and other defendants protect constitutionality of charter schools according to trial court
(JACKSON) – Hinds County Chancery Judge Dewayne Thomas ruled today in the lawsuit challenging the constitutionality of charters schools in Mississippi. Judge Thomas ruled in favor of the charter schools and their parents, and against the Southern Poverty Law Center.
Mississippi Justice Institute (MJI) Director Shadrack White, who represents the parents of charter school students, said, “This is a critical victory for the parents and their children who attend charter schools in Mississippi. Judge Thomas saw that the constitution does not trap my clients in their traditional public schools when public charter schools provide a better option. These parents know what’s best for their children.”
The charter lawsuit turned on whether the Mississippi Constitution allowed funding from state and local governments to be spent at charter schools. “Our case was simple,” said White. “My clients pay taxes, so they should have the right to take that money to a public charter school if that is a better option for their children. These schools are making their lives better. The plaintiffs in this case, however, had an extreme argument: that the funding for charter schools, agricultural schools, some alternative schools, and other types of non-traditional public schools should be barred.”
“As this case marches forward, I am going to continue thinking about all the good that charter schools have done for my clients, like Gladys Overton and her daughter Drew,” said White. “When we started this case, Gladys told us that, in her old school, Drew experienced nonstop bullying and a difficult classroom environment. Drew moved to ReImagine Prep, a charter school in Jackson, and today she is thriving. She was the most improved student in her class last year and, like every other student at ReImagine, is learning computer coding skills to prepare her for the workforce.”
“Students like Drew are who we fight for,” added White.
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Unanimous Mississippi Supreme Court Decides Columbus Mayor and Council Violated Open Meetings Act
Mississippi Justice Institute calls first-of-its-kind decision a monumental victory
for open and transparent government for all Mississippians
(JACKSON, MISS) – Today, the Mississippi Supreme Court ruled that the Mayor and City Council of Columbus violated the Open Meetings Act when they previously met in prearranged, non-quorum size gatherings to discuss public business, intending to circumvent the Act. This is the first time the Supreme Court has ever addressed the issue of whether meetings of public officials in less than quorum numbers violate the Open Meetings Act. The Mississippi Justice Institute represented The Commercial Dispatch in the appeal.
"This is a huge win for the citizens of Mississippi and for open and accountable government," said Mike Hurst, Director of the Mississippi Justice Institute. "People are tired of backroom deals and secret agreements by government officials that affect their lives. The Supreme Court's opinion puts public officials and bureaucrats on notice – you cannot circumvent the law and do the people's business behind closed doors anymore. Today's decision is a monumental victory for transparency in government."
In 2014, the Columbus mayor scheduled multiple meetings with council members to discuss policy issues and determine matters involving economic development projects and renovation of city property. The meetings were not announced or open to the public. At the time, the mayor excluded a Commercial Dispatch reporter from some of these meetings. In December 2014, the Mississippi Ethics Commission held that the mayor and council violated the Open Meetings Act. The mayor and city council appealed the decision to the Lowndes County Chancery Court, which upheld the Ethics Commission's decision. The mayor and city council then appealed to the Mississippi Supreme Court.
The original complaint against the Mayor and City Council was filed by Nathan Gregory, who at the time was a reporter for The Commercial Dispatch, a Columbus newspaper. The Commercial Dispatch eventually replaced Gregory as a party in the case. The Mississippi Justice Institute represented The Commercial Dispatch in the appeal.
The Mississippi Supreme Court ruled, "The four pairs of subquorum gatherings, along with the fact that they were prearranged, nonsocial, and on the topic of public business, illustrated the City's intent to circumvent or avoid the requirements of the Act. The philosophy and spirit of the Act prohibit the City from intending and attempting to circumvent or avoid the requirements of the Act. Additionally, the plain language of Section 25-41-1 requires the subject gatherings to be open to the public. Thus, the City's failure to hold open gatherings violated the Act."
In concluding, the Supreme Court noted that, "Prearranged, nonsocial gatherings on public business that are held in subquorum groups with the intent to circumvent the Act are required to be open to the public under Section 25-41-1 of the Open Meetings Act. Thus, the trial court correctly found that the City violated the Open Meetings Act."
Peter Imes, General Manager of The Commercial Dispatch said, "The public should have access to its government's decision-making process, and this ruling upholds that idea. It's a win for open government."
Hurst concluded, "Whether raising taxes, spending taxpayer money or issuing regulations that affect people's lives and property, people want to know what their government is doing. This decision clearly tells government officials to follow the law and do public business in the open."
The Mississippi Justice Institute is also representing a local Meridian man against the Lauderdale County Board of Supervisors who have committed the same violations of the Open Meetings Act as found illegal in the present case by the Supreme Court. See http://www.msjustice.org/case/lauderdale-open-meetings-act/
The Mississippi Justice Institute was assisted in this appeal by Clay B. Baldwin, Esq. of the Baldwin Law Firm PLLC in Madison, Miss.
The Mississippi Justice Institute is the legal arm of the Mississippi Center for Public Policy. It represents Mississippians whose state or federal Constitutional rights have been threatened by government actions. Mississippi Justice Institute is supported by voluntary, tax-deductible contributions. It receives no funds from government agencies for its operations. To learn more about MJI, visit www.msjustice.org.
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