30 Miss. Code. R. 3301-15.1

(a) Any member may enter into executive session for the transaction of public business; however, all meetings of any public body shall commence as an open meeting.

(b) The procedure to be followed by any public body in declaring an executive session shall be as follows: Any member shall have the right to request the motion a closed determination upon the issue of whether to declare an executive session. The motion, by majority vote, shall require the meeting to be closed for a preliminary hearing determination of the necessity for executive session. No other business shall be transacted until the discussion of the nature of the matter requiring executive session has been completed and a vote, as required in subsection (1) hereof, has been taken on the issue.

(c) An executive session shall be limited to matter allowed to be exempted from open meetings. The reason for holding an executive session shall be stated in an open meeting, and the reason so stated shall be recorded in the minutes of the meeting. Nothing in this section shall be construed to require that any meeting be closed to the public, nor shall any executive session be used to circumvent or to defeat the purposes of this chapter.

(d) A public body may hold an executive session pursuant to this section for one or more of the following reasons:

(1) Transaction of business and discussion of personnel matters relating to competence of licensure and materials related to licensure - including professional competence, character, or physical or mental health of a licensee or potential licensee.

(2) Strategy sessions or negotiations with respect to prospective litigation, litigation or issuance of an appealable order when an open meeting would have a detrimental effect on the litigating position of the public body.

(3) Transaction of business and discussion regarding the report, development or course of action regarding security personnel, plans or devices.

(4) Investigative proceedings by any public body regarding allegations of misconduct or violation of the law, as well as all disciplinary matters concerning applicants and/or licensees.

(5) Any public body of the Legislature which is meeting on matters within jurisdiction of that body.

(6) Cases of extraordinary emergency which would pose immediate or irrevocable harm or damage to persons or property, or both, within the jurisdiction of the public body.

(7) Transaction of business and discussion concerning the preparation of tests for admission to practice in the recognized professions.

(8) Transactions of business and discussions regarding employment or job performance of a person in a specific position or termination of an employee holding a specific position.

(9) Discussions regarding material or data exempt from the Mississippi Public Records Act of 1983 pursuant to Section 25-11-121.

(10) The total vote on the question of entering into an executive session shall be recorded and spread upon the minutes of the public body.

(11) Any note whereby an executive session is declared shall be applicable only to that meeting on that day.

Notes

30 Miss. Code. R. 3301-15.1

Miss. Code Ann. § 25-41-7

Adopted 4/28/2022 Amended 4/15/2024