Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 15 - Executive Sessions › Rule 30-3301-15.1

Current through June 25, 2024
(a) Any member may enter into executive
				session for the transaction of public business; however, all meetings of any
				public body shall commence as an open meeting.
(b) The procedure to be followed by any
				public body in declaring an executive session shall be as follows: Any member
				shall have the right to request the motion a closed determination upon the
				issue of whether to declare an executive session. The motion, by majority vote,
				shall require the meeting to be closed for a preliminary hearing determination
				of the necessity for executive session. No other business shall be transacted
				until the discussion of the nature of the matter requiring executive session
				has been completed and a vote, as required in subsection (1) hereof, has been
				taken on the issue.
(c) An
				executive session shall be limited to matter allowed to be exempted from open
				meetings. The reason for holding an executive session shall be stated in an
				open meeting, and the reason so stated shall be recorded in the minutes of the
				meeting. Nothing in this section shall be construed to require that any meeting
				be closed to the public, nor shall any executive session be used to circumvent
				or to defeat the purposes of this chapter.
(d) A public body may hold an executive
				session pursuant to this section for one or more of the following reasons:
(1) Transaction of business and discussion of
				personnel matters relating to competence of licensure and materials related to
				licensure - including professional competence, character, or physical or mental
				health of a licensee or potential licensee.
(2) Strategy sessions or negotiations with
				respect to prospective litigation, litigation or issuance of an appealable
				order when an open meeting would have a detrimental effect on the litigating
				position of the public body.
(3)
				Transaction of business and discussion regarding the report, development or
				course of action regarding security personnel, plans or devices.
(4) Investigative proceedings by any public
				body regarding allegations of misconduct or violation of the law, as well as
				all disciplinary matters concerning applicants and/or licensees.
(5) Any public body of the Legislature which
				is meeting on matters within jurisdiction of that body.
(6) Cases of extraordinary emergency which
				would pose immediate or irrevocable harm or damage to persons or property, or
				both, within the jurisdiction of the public body.
(7) Transaction of business and discussion
				concerning the preparation of tests for admission to practice in the recognized
				professions.
(8) Transactions of
				business and discussions regarding employment or job performance of a person in
				a specific position or termination of an employee holding a specific
				position.
(9) Discussions regarding
				material or data exempt from the Mississippi Public Records Act of 1983
				pursuant to Section
				25-11-121.
(10) The total vote on the question of
				entering into an executive session shall be recorded and spread upon the
				minutes of the public body.
(11)
				Any note whereby an executive session is declared shall be applicable only to
				that meeting on that day.