Unanimous Mississippi Supreme Court Decides Columbus Mayor And Council Violated Open Meetings Act

Source: Mississippi Center for Public Policy

Washington, D.C. - October 10, 2017 (The Ponder News) -- 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.”

[The Ruling]

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.

National Fair Housing Alliance Settles Race Discrimination Complaint with Real Estate Groups in Jackson, Mississippi

Source: National Fair Housing Alliance

Washington, D.C. - September 27, 2017 (The Ponder News) -- The National Fair Housing Alliance (NFHA) has settled a housing discrimination complaint with Lorgroup, LLC, DBA RE/MAX Alliance, and The Lee Garland and Rita Jensen Team (Lorgroup). The terms of the settlement will open up housing opportunities for African Americans purchasing homes in metropolitan Jackson, Mississippi. According to one analysis, Jackson is the third most segregated city in the U.S. Following allegations of housing discrimination from African Americans in Jackson, NFHA launched an investigation of how Whites and Blacks were treated when inquiring about purchasing homes. NFHA found differences in treatment based on race and filed a federal housing discrimination complaint with the U.S. Department of Housing and Urban Development against the agents and companies.

The investigation included telephone and in-person testing. Testing is an investigation tool in which similarly situated Blacks and Whites make inquiries about available housing. NFHA’s testing revealed that when potential White homebuyers sought housing in integrated and predominantly African American neighborhoods, they were steered away. Instead, White homebuyers were provided with a plethora of information and assistance to help them buy a home in a predominantly White area. Meanwhile, African American homebuyers often never even received a call back from an agent after leaving messages about purchasing a specific home in Jackson.

The differences in treatment uncovered in NFHA’s investigation are examples of how Whites and Blacks are steered to different housing opportunities based on the racial composition of a neighborhood. “Steering intentionally perpetuates residential segregation and is illegal under the Fair Housing Act,” said NFHA’s President and CEO, Shanna L. Smith. “This is why it is imperative that real estate companies work to expand equal housing opportunities for everyone. When people choose where they want to live without artificial and illegal barriers, our communities and neighborhoods are stronger, Smith continued.”

Lorgroup will pay $46,000 to NFHA, participate in fair housing trainings, and display fair housing signs in its offices. Additionally, Lorgroup has agreed to promote fair housing in the communities where it does business and to expand equal housing opportunities for all consumers. The settlement agreement will be monitored by HUD’s Office of Fair Housing and Equal Opportunity. The original complaint was filed on September 15, 2015. The settlement was signed and approved by HUD on September 7, 2017.

Charles Harris, Executive Director of Jackson-based Housing Education and Economic Develop, Inc., said of the discrimination uncovered in the investigation, “Fair housing is the law, believe it or not. But housing discrimination is still alive and well. Any person or group that violates the Fair Housing Act must face the consequences.” Smith added, “This victory should send a strong message to real estate agents in the Jackson area that racial steering will not be tolerated and that their practices are being monitored. Furthermore, African American homebuyers should expect equal treatment and services when they are buying homes. If they suspect steering or if real estate agents refuse to return calls or work with them, they should contact the National Fair Housing Alliance at 1-800-910-7315 or 202-898-1661.”