Legal Question in Administrative Law in Mississippi

Local board procedures

can a local board of alderman or city council call an executive session without hearing from the citizens..especially when the issue revolves around one of the board members own family member...further is it legal for an ''association'' to meet with the board PRIOR to the set time of the meeting right before its called to an executive session thus muting the vioces of the people...and if this is an unapropriate action what recourse does a citizen have to bring it to the attention of the correct authority..for that matter who is the correct authority or organization to contact


Asked on 6/12/02, 9:03 am

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Local board procedures

You need to have a local attorney address this question immediately if you are going to take legal action. The proper forum is the local chancery court. The time for initiation of any litigation is extremely short and probably requires transcription of the record of relevant proceedings before filing the court action. Also, the cost of transcription and court proceedings is usually more than an individual is willing to bear. Therefore, you might persuade your local newspaper publisher to pursue it or arrange for one of your civic associations to prepare to pursue litigation if there is another violation of the State procedural law. You might bring this matter to the attention of the Mississippi Attorney General or the State Auditor who should have the power and means to address the situation. You also might initiate a federal law suit for violation of Constitutional Due Process if you have legal standing because the Board affected some liberty or property interest of yours. Lastly, you can make sure local voters are reminded about any violations of the procedural law in the next city elections.

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Answered on 6/12/02, 10:10 am


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