Mississippi Today
Ethics Commission’s final order: Law does not require Legislature to meet in public
Ethics Commission’s final order: Law does not require Legislature to meet in public
Members of the Mississippi Ethics Commission by a 5-3 vote Wednesday reiterated their belief that the state Legislature, which appropriates more than $20 billion annually in state and federal funds, is not bound by the open meetings law.
In reaching the conclusion, the majority said the Ethics Commission, a state agency, could not rely on guidance from the Mississippi Constitution.
The constitution states in Section 58 “the doors of each house in session or in committee of the whole, shall be kept open.”
Five members of the Ethics Commission said they were required by law to rule only on issues related to the state’s open meetings law and the law, they claimed, does not include the Legislature as a public body.
Wednesday’s meeting was the third one this month where the commission grappled with the issue. The order adopted Wednesday saying the Legislature is not a public body as defined by the open meetings law was a final order.
The issue arose from a complaint filed by the Mississippi Free Press saying House Speaker Philip Gunn was violating the open meetings law when the Republican Caucus, which includes 75 members of the 122-member House, meets routinely behind closed doors. The constitution mandates that a majority of either the House or Senate is a quorum or enough members to conduct business.
Mississippi Today has documented, based on multiple accounts, that the House Republican Caucus often discusses policy issues and legislation during the closed-door meetings. When other public bodies have met behind closed doors to discuss policy issues, it has been deemed to be a violation of the open meetings law by the courts.
The Free Press and Mississippi Center of Justice said Wednesday it would appeal the Ethics Commission ruling.
“Although the (state) Constitution requires the Legislature to keep its doors open when in session, the Open Meetings Act is even more comprehensive and would require that other meetings of legislators, like the Republican Caucus, be open to the public when they constitute a quorum and are discussing public business,” said Rob McDuff, a Center for Justice lawyer. “We are appealing because we believe the Ethics Commission got it wrong, but the Legislature could easily fix this by requiring itself to live up to the standards it requires of other public bodies.”
Commissioner Maxwell Luter of Tylertown offered a proposal that said while the commission does not have the authority to rule on constitutional issues, it could not ignore what the state constitution said. For that reason, he said, the commission should not rule and leave it to the courts to make a final decision.
Luter said the public perception of the Ethics Commission was at stake. He said it “is very important to know we (Ethics Commission members) make just decisions.”
Commissioner Ron Crowe of Brandon, the former executive director of the Ethics Commission, also opposed the finding that the Legislature is not a public body. He said the issue is “eerily” similar to an issue that arose with the state constitution’s conflict of interest provision. In the 1980s the commission interpreted the provision as prohibiting certain people, such as public school teachers, from serving in the Legislature.
Instead, of making that ruling, Crowe said the commission opted to allow the Legislature to address it. Ultimately, the courts sided with the Ethics Commission.
Commissioner Robert Waites of Brandon, a former House attorney in the 1980s, also opposed the finding that the Legislature is not a public body under the open meetings law.
The five commissioners who passed the motion saying the Legislature is not a public body are long-time Chairman Ben Stone of Gulfport, Vice Chair Sean Milner of Clinton, Stephen Burrow of Pascagoula, Erin Lane of Ridgeland and Samuel Kelly of Madison.
Most of the five said they believe the Legislature should be a public body, but that the open meetings law is ambiguous on whether it applied to the Legislature. And if the law is ambiguous, then they had no choice but to rule that the Legislature is not covered.
But Milner said, “I don’t believe it is ambiguous. I think the law is clear (that it does not apply to the Legislature) once we apply proper interpretation.”
The law says most legislative committees are bound by open meetings requirements, but does not specifically list the Legislature among those public bodies that are included. McDuff, the Center for Justice attorney, pointed out the law says the open meetings mandate also applies “to any other policymaking entity.” Since the Legislature is the state’s primary “policymaking entity,” the law, of course would apply to lawmakers, McDuff said.
But a majority of the commission said the phrase “policymaking entity” referred to various executive boards, not the Legislature.
Under the nation’s and state’s system of checks and balances, legislators, including the Mississippi Legislature, generally make laws or policy and the executive agencies carry out those policies and laws.
The Ethics Commissioner members are appointed by the governor, speaker, lieutenant governor, and chief justice of the Supreme Court.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
On this day in 1960
Feb. 1, 1960
Four Black freshmen students from North Carolina A&T — Franklin McCain, Joseph A. McNeil, David L. Richmond and Ezell A. Blair Jr. — began to ask themselves what they were going to do about discrimination.
“At what point does a moral man act against injustice?” McCain recalled.
McNeil spoke up. “We have a definite purpose and goal in mind,” he said, “and with God on our side, then we ask, ‘Who can be against us?’”
That afternoon, they entered Woolworth’s in downtown Greensboro. After buying toothpaste and other items inside the store, they walked to the lunch counter and sat down.
They ordered coffee, but those in charge refused to serve them. The students stood their ground by keeping their seats.
The next day, they returned with dozens of students. This time, white customers shouted racial epithets and insults at them. The students stayed put. By the next day, the number of protesting students had doubled, and by the day after, about 300 students packed not just Woolworth’s, but the S.H. Kress Store as well.
A number of the protesting students were female students from Bennett College, where students had already been gathering for NAACP Youth Council meetings and had discussed possible sit-ins.
By the end of the month, 31 sit-ins had been held in nine other Southern states, resulting in hundreds of arrests. The International Civil Rights Center & Museum has preserved this famous lunch counter and the stories of courage of those who took part in the sit-ins.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
At least 96 Mississippians died from domestic violence. Bills seek to answer why
At least 96 Mississippians died from domestic violence. Bills seek to answer why
Nearly 100 Mississippians, some of them children, some of them law enforcement, died last year in domestic violence-related events, according to data Mississippi Today collected from multiple sources.
Information was pulled from local news stories, the Gun Violence Archive and Gun Violence Memorial and law enforcement to track locations of incidents, demographics of victims and perpetrators and any available information about court cases tied to the fatalities.
But domestic violence advocates say Mississippi needs more than numbers to save lives.
They are backing a refiled bill to create a statewide board that reviews domestic violence deaths and reveals trends, in hopes of taking preventative steps and making informed policy recommendations to lawmakers.
A pair of bills, House Bill 1551 and Senate Bill 2886, ask the state to establish a Domestic Violence Fatality Review Board. The House bill would place the board in the State Department of Public Health, which oversees similar existing boards that review child and maternal deaths, and the Senate version proposes putting the board under the Department of Public Safety.
“We have to keep people alive, but to do that, we have to have the infrastructure as a system to appropriately respond to these things,” said Stacey Riley, executive director of the Gulf Coast Center for Nonviolence and a board member of the Mississippi Coalition Against Domestic Violence.
“It’s not necessarily just law enforcement, just medical, just this,” she said. “It’s a collaborative response to this to make sure that the system has everything it needs.”
Mississippi is one of several states that do not have a domestic violence fatality review board, according to the National Domestic Violence Fatality Review Initiative.
Without one, advocates say it is impossible to know how many domestic fatalities and injuries there are in the state in any year.
Riley said data can tell the story of each person affected by domestic violence and how dangerous it can be. Her hope is that a fatality review board can lead to systemic change in how the system helps victims and survivors.
Last year, Mississippi Today began to track domestic violence fatalities similar to the way the board would be tasked to do. It found over 80 incidents in 2024 that resulted in at least 100 deaths.
Most of the victims were women killed by current and former partners, including Shaterica Bell, a mother of four allegedly shot by Donald Demario Patrick, the father of her child, in the Delta at the beginning of that year. She was found dead at the home with her infant. One of her older children went to a neighbor, who called 911.
Just before Thanksgiving on the Coast, Christopher Antoine Davis allegedly shot and killed his wife, Elena Davis, who had recently filed a protection order against him. She faced threats from him and was staying at another residence, where her husband allegedly killed her and Koritnik Graves.
The proposed fatality review board would have access to information that can help them see where interventions could have been made and opportunities for prevention, Riley said.
The board could look at whether a victim had any domestic abuse protection orders, law enforcement calls to a location, medical and mental health records, court documents and prison records on parole and probation.
In 2024, perpetrators were mostly men, which is in line with national statistics and trends about intimate partner violence.
Over a dozen perpetrators took their own lives, and at least two children – a toddler and a teenager – were killed during domestic incidents in 2024, according to Mississippi Today’s review.
Some of the fatalities were family violence, with victims dying after domestic interactions with children, parents, grandparents, siblings, uncles or cousins.
Most of the compiled deaths involved a firearm. Research has shown that more than half of all intimate partner homicides involve a firearm.
A fatality review board is meant to be multidisciplinary with members appointed by the state health officer, including members who are survivors of domestic violence and a representative from a domestic violence shelter program, according to the House bill.
Other members would include: a health and mental health professionals, a social worker, law enforcement and members of the criminal justice system – from prosecutors and judges to appointees from the Department of Public Safety and the attorney general’s office.
The House bill did not make it out of the Judiciary B Committee last year. This session’s House bill was filed by the original author, Rep. Fabian Nelson, D-Byram, and the Senate version was filed by Sen. Brice Wiggins, R-Pascagoula.
The Senate bill was approved by the Judiciary A Committee Thursday and will proceed to the full chamber. The House bill needs approval by the Public Health and Human Services Committee by Feb. 4.
“The idea behind this is to get at the root cause or at least to study, to look at what is leading to our domestic violence situation in the state,” Wiggins said during the Judiciary A meeting.
Luis Montgomery, a public policy and compliance specialist with the Mississippi Coalition Against Domestic Violence, has been part of drafting the House bill and is working with lawmakers as both bills go through the legislative process.
He said having state-specific, centralized data can help uncover trends that could lead to opportunities to pass policies to help victims and survivors, obtain resources from the state, educate the public and see impacts on how the judicial system handles domestic violence cases.
“It’s going to force people to have conversations they should have been having,” Montgomery said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Emergency hospital to open in Smith County
A new emergency-care hospital is set to open in Smith County early this year. It will house the rural county’s first emergency room in two decades.
Smith County Emergency Hospital in Raleigh will provide 24-hour emergency services, observation care and outpatient radiology and lab work services. Raleigh is currently a 35-minute drive from the nearest emergency room.
The hospital will operate as a division of Covington County Hospital. The Collins hospital is a part of South Central Regional Medical Center’s partnership with rural community hospitals Simpson General Hospital in Mendenhall and Magee General Hospital, all helmed by CEO Greg Gibbes.
The hospital’s opening reflects Covington County Hospital’s “deeply held mission of helping others, serving patients and trying to do it in a way that would create sustainability,” not just for its own county, but also for surrounding communities, said Gibbes at a ribbon-cutting ceremony Friday.
Renovations of the building – which previously housed Patients’ Choice Medical Center of Smith County, an acute-care facility that closed in 2023 – are complete. The facility now awaits the Mississippi Department of Health’s final inspection, which could come as soon as next week, according to Gibbes.
The hospital hopes to then be approved as a “rural emergency hospital” by the Centers for Medicare and Medicaid Services.
A rural emergency hospital status allows hospitals to receive $3.3 million from the federal government each year in exchange for closing their inpatient units and transferring patients requiring stays over 24 hours to a nearby facility.
The program was created to serve as a lifeline for struggling rural hospitals at risk of closing. Six hospitals have closed in Mississippi since 2005, and 33% are at immediate risk of closure, according to the Center for Healthcare Quality and Payment Reform.
Receiving a rural emergency hospital designation will make the hospital more financially sustainable, said Gibbes. He said he has “no concerns” about the hospital being awarded the federal designation.
Mississippi has more rural emergency hospitals than any other state besides Arkansas, which also operates five. Nationwide, 34 hospitals have received the designation, according to Centers for Medicare & Medicaid Services enrollment data. Over half of them are located in the Southeast.
The hospital will have a “significant economic impact” of tens of millions of dollars and has already created about 60 jobs in Smith County, Gibbes said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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