Video: Legislative Leaders Backtrack, Announce Release Of Recent Contract

JACKSON, Miss. (WCBI) – Legislative leaders announced that they will be releasing the details of a recent contract.

This came after debate of a recent House policy that restricts the public’s access to state records, such as contracts the state has entered into. A House committee passed the policy the day leaders said they would consider releasing the details of the state’s contract with EdBuild, the group hired to potentially rewrite Mississippi education-funding formula.

Mississippi Senate President Pro Tempore Terry Burton and House Speaker Pro Tempore Greg Snowden made a statement Monday afternoon saying after further discussions, they now plan on posting the contract to the Transparency Mississippi website.

Part of the statement is below:

“Over the last four days as House and Senate leadership continued to study the issue, Legislative legal staff concluded the contract should be posted to the Transparency Mississippi website. The contract has been released to the Department of Finance and Administration to be posted on the Transparency Mississippi website.”

WCBI’s story on last week’s House policy can be seen here.

Mississippi Attorney General Jim Hood released a letter under an hour and a half earlier addressed to legislative leaders arguing against the passing of last week’s House policy.

In the letter, Hood stated that the legislature is subject to part of the state law that requires the it to post contracts, like the one with EdBuild, to a state website within 14 days. By that law, Hood said that they should already have posted it there.

He went on to say that if the Senate were to pass the policy, it would also not be valid. The Senate is scheduled to discuss a similar policy Wednesday.

The House passed a policy Nov. 15 restricting the public’s access to contracts the state has entered into.

Below is the letter Jim Hood released to Lt. Gov. Tate Reeves, Speaker Philip Gunn among other recipients.

“The policy recently adopted by the House is not effective to prohibit publication of legislative contracts such as the one with EdBuild. Section 25-61-17 of the Public Records Act does allow the Legislature to regulate public access to Legislative records. But, it also states: “However, notwithstanding the provisions of this section, the Legislature shall be subject to the provisions of Sections 27-104-151 through 27-104-159, “namely, “the Mississippi Accountability and Transparency Act.” This law requires the EdBuild contract to the (sic) placed on the Transparency website (http://www.transparency.mississippi.gov/) within 14 days of execution. Please see the pertinent provisions of the Transparency Act quoted below. Therefore, the EdBuild contract should already have been published on the Transparency website.

I understand the Senate is scheduled to consider a similar rule on Wednesday, November 23, 2016. The Transparency Act would also supercede any such Senate rule.”