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Ethics Commission’s final order: Law does not require Legislature to meet in public

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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 1911

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mississippitoday.org – Jerry Mitchell – 2024-12-21 07:00:00

Dec. 21, 1911

A colorized photograph of Josh Gibson, who was playing with the Homestead Grays Credit: Wikipedia

Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia. 

When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs. 

He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame. 

The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays. 

Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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On this day in 1958

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mississippitoday.org – Jerry Mitchell – 2024-12-20 07:00:00

Dec. 20, 1958

Bruce Boynton played a key role in the U.S. Supreme Court case that led to the Freedom Riders protests of 1961. Credit: Jay Reeves/Associated Press

Bruce Boynton was heading home on a Trailways bus when he arrived in Richmond, Virginia, at about 8 p.m. The 21-year-old student at Howard University School of Law — whose parents, Amelia Boynton Robinson and Sam Boynton, were at the forefront of the push for equal voting rights in Selma — headed for the restaurant inside the bus terminal. 

The “Black” section looked “very unsanitary,” with water on the floor. The “white” section looked “clinically clean,” so he sat down and asked a waitress for a cheeseburger and a tea. She asked him to move to the “Black” section. An assistant manager followed, poking his finger in his face and hurling a racial epithet. Then an officer handcuffed him, arresting him for trespassing. 

Boynton spent the night in jail and was fined $10, but the law student wouldn’t let it go. Knowing the law, he appealed, saying the “white” section in the bus terminal’s restaurant violated the Interstate Commerce Act. Two years later, the U.S. Supreme Court agreed. “Interstate passengers have to eat, and they have a right to expect that this essential transportation food service,” Justice Hugo Black wrote, “would be rendered without discrimination prohibited by the Interstate Commerce Act.” 

A year later, dozens of Freedom Riders rode on buses through the South, testing the law. In 1965, Boynton’s mother was beaten unconscious on the day known as “Bloody Sunday,” where law enforcement officials beat those marching across the Selma bridge in Alabama. The photograph of Bruce Boynton holding his mother after her beating went around the world, inspiring changes in voting rights laws. 

He worked the rest of his life as a civil rights attorney and died in 2020.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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‘Something to be proud of’: Dual-credit students in Mississippi go to college at nation’s highest rate

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mississippitoday.org – Molly Minta – 2024-12-20 06:00:00

Mississippi high school students who take dual-credit courses go to college at the nation’s highest rate, according to a recent report. 

It’s generally true that students who take college classes while in high school attend college at higher rates than their peers. Earlier this year, a study from the Community College Research Center at Teacher’s College, Columbia University found that nationally, 81% of dual-credit students go to college. 

In Mississippi, that number shoots up to 93%, meaning the vast majority of the state’s high school students who take college classes enroll in a two- or four-year university. 

“When we did this ranking, boom, right to the top it went,” said John Fink, a senior research associate and program lead at the research center who co-authored the study. 

State officials say there’s likely no silver bullet for the high rate at which Mississippi’s dual-credit students enroll in college. Here, “dual credit” means a course that students can take for both high school and college credit. It’s different from “dual enrollment,” which refers to a high school student who is also enrolled at a community college. 

In the last 10 years, participation in these programs has virtually exploded among Mississippi high school students. In 2014, about 5,900 students took dual-credit courses in Mississippi, according to the Mississippi Community College Board. 

Now, it’s more than 18,000. 

“It reduces time to completion on the post-secondary level,” said Kell Smith, Mississippi C0mmunity College Board’s executive director. “It potentially reduces debt because students are taking classes at the community college while they’re still in high school, and it also just exposes high school students to what post-secondary course work is like.” 

“It’s something to be proud of,” he added. 

There are numerous reasons why Mississippi’s dual-credit courses have been attracting more and more students and helping them enroll in college at the nation’s highest rate, officials say. 

With a few college credits under their belt, students may be more inspired to go for a college degree since it’s closer in reach. Dual-credit courses can also build confidence in students who were on the fence about college without requiring them to take a high-stakes test in the spring. And the Mississippi Department of Education’s accountability model ensures that school districts are offering advanced courses like dual credit.

Plus, Mississippi’s 15 community colleges reach more corners of the state, meaning districts that may not be able to offer Advanced Placement courses can likely partner with a nearby community college.

“They’re sometimes like the only provider in many communities, and they’re oftentimes the most affordable providers,” Fink said.

Test score requirements can pose a barrier to students who want to take dual-credit courses, but that may be less of a factor in Mississippi. While the state requires students to score a 19 on ACT Math to take certain courses, which is above the state average, a 17 on the ACT Reading, below the state average of 17.9, is enough for other courses. 

Transportation is another barrier that many high schools have eliminated by offering dual-credit courses on their campuses, making it so students don’t have to commute to the community colleges to take classes. 

“They can leave one classroom, go next door, and they’re sitting in a college class,” said Wendy Clemons, the Mississippi Department of Education’s associate state superintendent for secondary education. 

This also means high school counselors can work directly with dual-credit students to encourage them to pursue some form of college.

“It is much less difficult to graduate and not go to college when you already possess 12 hours of credit,” Clemons said.

Word-of-mouth is just as key.

“First of all, I think parents and community members know more about it,” Clemons said, “They have almost come to expect it, in a way.” 

This all translates to benefits to students. Students who take dual-credit courses are more likely to finish college on time. They can save on student debt.

But not all Mississippi students are benefiting equally, Fink said. Thr research center’s report found that Black students in Mississippi and across the country were less likely to pursue dual-credit opportunities. 

“The challenge like we see in essentially every state is that who’s in dual enrollment is not really reflective of who’s in high school,” Fink said.

Without more study, it’s hard to say specifically why this disparity exists in Mississippi, but Fink said research has generally shown it stems from elitist beliefs about who qualifies for dual-credit courses. Test score requirements can be another factor, along with underresourced school districts. 

“The conventional thinking is (that) dual enrollment is just … another gifted-and-talented program?” Fink said. “It has all this baggage that is racialized … versus, are we thinking about these as opportunities for any high school student?”

Another factor may be the cost of dual-credit courses, which is not uniform throughout the state. Depending on where they live, some students may pay more for dual-credit courses depending on the agreements their school districts have struck with local community colleges and universities. 

This isn’t just an equity issue for students — it affects the institutions, too. 

“You know, we’ve seen that dual-credit at the community college level can be a double-edged sword,” Smith said. “We lose students who oftentimes … want to stay as long as they can, but there are only so many hours they can take at a community college. 

Dual-credit courses, which are often offered at a free or reduced price, can also result in less revenue to the college. 

“Dual credit does come at a financial price for some community colleges, because of the deeply discounted rates that they offer it,” Smith said. “The more students that you have taking dual-credit courses, the more the colleges can lose.” 

State officials are also working to turn the double-edged sword into a win-win for students and institutions. 

One promising direction is career-technical education. Right now, the vast majority of dual credit students enroll in academic courses, such as general education classes like Composition 1 or 2 that they will need for any kind of college degree. 

“CTE is far more expensive to teach,” Clemons said.

Smith hopes that state officials can work to offer more dual-credit career-technical classes. 

“If a student knows they want to enroll in career-tech in one of our community colleges, let’s load them up,” Smith said. “Those students are more likely to enter the workforce quicker. If you want to take the career-tech path, that’s your ultimate goal.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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