BCAD (May 2009)
TELECONFERENCE OR VIDEO BOARD MEETING
In the event that this board finds its necessary to conduct a meeting through means of teleconference or video, the board shall adhere to the requirements of the Open Meetings Law, as specified in Section 25-41-5 of the MS Code.
DEFINITION
"Meeting" means an assemblage of members of a public body at which official acts may be taken upon a matter over which the public body has supervision, control, jurisdiction or advisory power; "meeting" also means any such assemblage through the use of video or teleconference devices. ' 25-41-3 (b) (2003)
ENFORCEMENT OF OPEN MEETINGS LAW
All official meetings of this board shall are declared to be public meetings and shall be open to the public at all times unless declared an executive session as provided in Section 25-41-7.
The chancery courts of this state shall have the authority to enforce the provisions of the Open Meetings Law upon application of any citizen of the state, and shall have the authority to issue injunctions or writs of mandamus to accomplish that purpose. If the court finds that a public body has willfully and knowingly violated the provisions of the Open Meetings Law, the court may impose a civil penalty upon the public body in a sum not to exceed One Hundred Dollars ($100.00), plus all reasonable expenses incurred by the person or persons in bringing suit to enforce this chapter. ' 25-41-15 (2003)
AUTHORITY / QUORUM
A public body may conduct any meeting through teleconference or video means. A quorum of a public body as prescribed by law may be at different locations for the purpose of conducting a meeting through teleconference or video means provided participation is available to the general public.
PUBLIC NOTICE AND PARTICIPATION
Notice of any meetings held pursuant to this section shall be provided at least five (5) days in advance of the date scheduled for the meeting. The notice shall include the date, time, place and purpose for the meeting and shall identify the locations for the meeting. All locations for the meeting shall be made accessible to the public. All persons attending the meeting at any of the meeting locations shall be afforded the same opportunity to address the public body as persons attending the primary or central location. Any interruption in the teleconference or video broadcast of the meeting shall result in the suspension of action at the meeting until repairs are made and public access restored.
AGENDA AND SUPPORT MATERIALS
An agenda and materials that will be distributed to members of the public body and that have been made available to the staff of the public body in sufficient time for duplication and forwarding to all locations where public access will be provided shall be made available to the public at the time of the meeting.
MINUTES AND RECORDING OF MEETING
Minutes of all meetings held by teleconference or video means shall be recorded as required by Section 25-41-11. Votes taken during any meeting conducted through teleconference or video means shall be recorded by name in roll-call fashion and included in the minutes. In addition, the public body shall make an audio recording of the meeting, if a teleconference medium is used, or an audio/visual recording, if the meeting is held by video means. The recording shall be preserved by the public body for a period of three (3) years following the date of the meeting and shall be available to the public.
EMERGENCY SITUATIONS
A public body may meet by teleconference or video means as often as needed if an emergency exists and the public body is unable to meet in regular session. Public bodies conducting emergency meetings through teleconference or video means shall comply with the provisions of this section requiring minutes, recordation and preservation of the audio or audio/visual recording of the meeting. The nature of the emergency shall be stated in the minutes.
Five-day notice shall not be required for teleconference or video meetings continued to address an emergency or to conclude the agenda of a teleconference or video meeting of the public body for which the proper notice has been given, when the date, time, place and purpose of the continued meeting are set during the meeting prior to adjournment. 25-41-5 (2007)
LEGAL REF.: MS CODE '' 25-41-3; 25-41-5; & 25-41-15
CROSS REF.: Policy BCAB C Regular Meeting