Mississippi House Bill HB902

Mississippi 2022 Regular Session

• Introduced: 1/17/22
• Refer: 1/17/22
• Failed: 2/1/22

Caption

Open Meetings Law; revise reasons for executive sessions to include discussions by boards of trustees of public hospitals.

Impact

The amendment intends to clarify and broaden the scope of what constitutes a valid reason for going into executive session, which is crucial for boards of trustees of public hospitals. Under the proposed legislation, any business transaction that necessitates confidentiality is considered legitimate grounds for an executive session. This change could significantly alter how public bodies, especially hospitals, navigate discussions that are commercially sensitive or involve the health and performance of staff members.

Summary

House Bill 902, introduced by Representative Carpenter, seeks to amend Section 25-41-7 of the Mississippi Code of 1972. The primary objective of the bill is to expand the provisions under which public bodies may enter into executive session. Specifically, it allows the boards of trustees of public hospitals to engage in such sessions for discussions regarding certain prospective strategic business decisions. The bill emphasizes the importance of keeping sensitive discussions private, particularly those that may relate to employment agreements for medical staff or strategic business moves such as opening new service lines or capital improvements.

Contention

There may be concerns regarding transparency and the potential misuse of executive sessions under the provisions of HB 902. Critics could argue that expanding the reasons for entering executive sessions may lead to a decrease in accountability to the public and limit the disclosure of information that should remain open to the community. Opponents of the bill might advocate for stricter guidelines to ensure that the provision is not exploited and that discussions pertinent to public interest remain accessible.

Implementation

If passed, HB 902 will enforce an additional requirement that any vote to enter an executive session will necessitate a three-fifths affirmative vote from members present. This measure aims to ensure that such decisions are carefully considered and not taken lightly, reflecting an understanding of the balance between confidentiality in sensitive matters and the public's right to access information. The bill is supposed to take effect on July 1, 2022, should it receive the required legislative approval.