State Sen. Sollie Northwood requested the Ethics Commission to comment on whether the House Republican Caucus meetings, which are more than a majority of the House of Representatives and often discuss public policy behind closed doors, violate the Open Meetings Act. READ MORE: Speaker Philip Gunn uses secret Capitol meetings in order to pass his bills and limit public debate. Is this legal? However, Norwood was also provided with a reply from Tom Hood, the executive director of Ethics Commission. Hood stated that the commission cannot issue an opinion without a formal complaint being filed. Hood wrote to Norwood, stating that the Ethics Commission had the authority to enforce Open Meetings Act through a formal complaint process. Hood did not receive Hood’s reply until March 23. Hood stated that it was the authority of the attorney general to issue advisory opinions on the Open Meetings Act …” but not the commission. The eight-member Ethics Commission has not received any request or complaint from Hood to rule on whether the House Republican Caucus violates state law. It is not clear if Norwood will file an ethics complaint or seek out the opinion of the attorney general. The House Republican Caucus met Tuesday amid a series of questions from Democrats and Republicans about the legality of the meetings. As the Senate and House leaders fight over major tax proposals, close attention will be paid to the House Republican Caucus meetings. They have been held regularly since Philip Gunn was elected Speaker of the House in 2012. Mississippi Today reported earlier this week on what happens inside closed meetings that are not open to the public or the media. Many major pieces of legislation that are authored or supported in part by Republican leaders, including Gunn, are discussed and debated in the backroom meetings. These deliberations can result in lawmakers not asking questions at public committee meetings or on the House floor. Several lawmakers said that in recent years, Republican members were asked to vote on certain bills during caucus meetings under Gunn’s leadership. These meetings have not been challenged by the Ethics Commission or state courts. However, several opinions from the past, including a 2017 Mississippi Supreme Court decision, suggest that the meetings may be illegal. This is because the House Republican Caucus does not represent a majority of the House of Representatives and is deliberating in private about public policy. Gunn’s staff claims that the House Republican Caucus does not have to follow the Open Meetings Act as it is not considered a “public entity” under state law. Emily Simmons, Gunn’s communications director, stated that “The House Republican Caucus does not qualify as a public body under Open Meetings Act.” Trey Dellinger Gunn’s chief-of-staff shared the same argument with Mississippi Today. Senate leaders disagree. When Lt. Governor. Lt. Gov. Delbert Hosemann was elected lieutenant governor in 2020 and became the presiding officer for the Senate. Second-term Republican state Senator Mike Seymour asked whether caucus meetings are legal under the Open Meetings Act. After Senate staff had done some research, Hosemann decided not to convene Senate Republican Caucus meetings as staff suggested that they could violate the Open Meetings Act. Just hours after the legality and legitimacy of the meetings had been publicly challenged, the House Republican Caucus met Tuesday of this week. According to participants, the caucus did not discuss any particular piece of legislation. House Republicans had lunch with House leaders and were informed about the upcoming legislative deadlines.
