NATCHEZ – A hearing officer for the Mississippi Ethics Commission found that the City of Natchez violated the state’s Open Meetings Act when it went behind closed doors earlier this year to review proposals from potential garbage haulers.

The finding was made public Friday and will now and go to the Mississippi Ethic Commission to consider how to act on the recommendation.

In the preliminary report and recommendation, Mississippi Ethics Commission Hearing Officer Sonia Shurden recommended the following to the ethics commission:

“The Ethics Commission should find the Mayor and Board of Aldermen for the City of Natchez violated Section 25-41-7, Miss. Code of 1972, by entering executive session on April 23, May 1 and 3, 2018, to discuss proposals for the provision of garbage collection and recycling services.

“The Ethics Commission should order the Mayor and Board of Aldermen for the City of Natchez to refrain from further violations and comply strictly with Section 25-41-7 of the Open Meetings Act.”

Following the closed-door meetings, complaints were filed separately by The Natchez Democrat, Shadrack White on behalf of the Mississippi Justice Institute, Paul Sullivan on behalf of citizens John A. White, Paul Benoist, Ginger C. Schwager and William Mays, and by Sullivan.

“We were satisfied and gratified that the ethics commision (officer) found that the city was violating this act like we did,” Sullivan said. “I’m looking forward to help ensure the city follows the open meetings law in the future.”

The preliminary report, also states, “The Open Meetings Act was enacted for the benefit of the public is to be construed liberally in favor of the public.”

In addition the report notes that every citizen has a right to attend a meeting to see and hear everything that is happening just as much as the members of the board.

Although the report ruled with The Democrat and the citizens, the City or any party can file a specific written objection concerning the preliminary report and recommendation within five business days, said Mississippi Press Association Attorney Leonard Van Slyke.

If a party does file an objection, a hearing on the issue would be tentatively set of 10 a.m., Wednesday, Sept. 26, 2018, at the offices of the Mississippi Ethics Commission in Jackson. However, Van Slyke said such hearings rarely happen.

Sullivan said that if the board of aldermen willingly and knowingly violated the act, they could be fined $500 for the first offense. If it’s the board’s second or any subsequent offense, they could be fined $1,000.

Van Slyke said if it is the board’s first offense, then don’t expect a fine.

“If it is the board’s first offense, the ethics commission more than likely will say, ‘Sin no more,’” Van Slyke said. “It will be more like a slap on the wrist. But if it is a subsequent offense, then the commission will slap the board a little harder.”

Natchez Mayor Darryl Grennell said that going forward, his goal is to have the board follow the act more closely.

“I will comply,” Grennell said. “My goal is always to do the right thing. I will certainly follow this going forward, because it wasn’t my intention to break it. It’s never my intention to break a law. I made a mistake and will comply going forward.”

Sullivan said he believes the ruling is beneficial for Natchez’s future.

“We can move in a positive way now,” Sullivan said. “Our ultimate goal is to help Natchez thrive. With this ruling behind us, we can do that now.”