What notice must a Mississippi county board of supervisors give for recessed, adjourned, or interim meetings?
Plain-English summary
Harrison County's Board attorney followed up on an October 2021 opinion about special-meeting notice with a question about other types of board meetings: recessed, adjourned, and interim. Should the Board use Section 19-3-19's specific notice provision or Section 25-41-13's general Open Meetings Act notice provision?
The AG answered: both. Section 25-41-13 is "supplemental to specific procedures prescribed by statute for public bodies." So:
- Recessed meetings (Section 19-3-17): "Recess from time to time, subject to the limitation herein provided, to convene on a day fixed by an order of the board entered on its minutes." The Mississippi Supreme Court has explained recessed meetings as a "suspension of business." (Byrd v. Byrd.) The notice required is an order on the minutes fixing the day. PLUS Section 25-41-13(1)(a)'s notice posting (within one hour of the call, prominent place, included in minutes).
- Adjourned meetings (Section 19-3-19): "[T]he board of supervisors may, at a regular meeting, by an order on its minutes, adjourn to meet at any time it may determine upon." The Supreme Court defined an adjourned meeting as "one ordered by the board at a regular meeting, and which is to convene after the termination of such regular meeting and prior to the next regular meeting." Same dual notice obligation: statute-specific order on minutes AND Section 25-41-13(1)(a) posting.
- Interim meetings: Term not used in Section 19-3 et seq. So Section 25-41-13(1)(a) governs (which does mention "interim meeting" by name).
For boards in counties of more than 40,000 population, Section 19-3-17 limits recessed-meeting time to 12 days per month for regular business (per the 2007 Yancey opinion).
What this means for you
For county board attorneys
Don't pick between Section 19-3-17/19 and Section 25-41-13. They stack. Your meeting-notice checklist for recessed and adjourned meetings:
- At a regular meeting, enter on the minutes an order fixing the date/time/place of the recessed or adjourned meeting (Section 19-3-17 or 19-3-19)
- Within one hour of the call, post a notice in a prominent place in the building where the Board normally meets (Section 25-41-13(1)(a))
- The notice must include place, date, hour, and subject matter
- A copy of the notice goes into the minutes or other permanent records
- For counties >40,000 population, watch the 12-days-per-month recess limit
For interim meetings, the statutory framework is Section 25-41-13(1)(a) only — no other Section 19-3 provision applies.
Document compliance carefully. Open Meetings Act violations can void Board actions or expose Board members to civil penalties.
For boards of supervisors
The practical workflow:
- At your regular meeting, when you decide to recess or adjourn to another date, vote and put the order on the minutes specifying the date/time/place
- Have the Board clerk post the notice within one hour
- Keep a copy of the posted notice with the minutes
Last-minute recesses or adjournments still need both elements. The clerk needs to be available to post the notice immediately.
For county clerks
Keep a "post-it ready" template for recessed and adjourned meeting notices. Include: name of public body, date/time/place of upcoming meeting, subject matter, the date and time of posting, and your initials. Put it in the prominent place (typically a courthouse bulletin board) within one hour of the call.
Save a copy for the minutes file. Photographing the posted notice with a timestamp is a defensive practice.
For journalists and citizens monitoring county government
If a recessed or adjourned meeting was called and you don't see a notice posted within one hour, that's an Open Meetings Act issue. Section 25-41 has enforcement mechanisms (Mississippi Ethics Commission, civil action) for violations.
When you arrive to cover a meeting that wasn't on the regular schedule, ask to see:
- The order on the minutes from the originating regular meeting
- The posted notice (date and time it was posted)
- The subject matter included in the notice
If the actual meeting strays beyond the noticed subject matter, that's another potential violation.
For citizens trying to attend county meetings
Look for posted notices in a prominent place at the courthouse. Recessed and adjourned meetings have to be publicly noticed. If the public doesn't have access to the notice, the meeting itself may be in violation.
You're entitled to attend almost all county board meetings. Executive session is a narrow exception governed by Section 25-41-7.
Common questions
Q: What's the difference between a "recessed" and "adjourned" meeting?
A: A recessed meeting is a suspension of business — the Board pauses and reconvenes later, typically the same or next day, to continue the same regular meeting business. An adjourned meeting is a separate session: the Board ends its regular meeting and orders a new meeting at a later date but before the next regular meeting.
Q: What's an "interim meeting"?
A: Section 19-3-1 et seq. doesn't define or use the term, but Section 25-41-13(1)(a) lists "interim meeting" as a category requiring notice. In practice, interim meetings are meetings between regularly scheduled sessions that aren't formal "special" meetings under Section 19-3-19's specific framework.
Q: What notice does Section 25-41-13(1)(a) require?
A: "A notice of the place, date, hour and subject matter of any recessed meeting, adjourned meeting, interim meeting or any called special meeting shall be posted within one (1) hour after such meeting is called in a prominent place available to examination and inspection by the general public in the building in which the public body normally meets. A copy of the notice shall be made a part of the minutes or other permanent official records of the public body."
Q: Where is "prominent place" — does it have to be outside the courthouse, or inside?
A: The statute says "in the building in which the public body normally meets." Inside the courthouse is fine if it's accessible to the public during normal hours and prominently displayed.
Q: Can the Board of Supervisors recess for more than 12 days per month?
A: For counties of more than 40,000 population, no — Section 19-3-17 limits regular business to 12 days per month. In re $30,000 Road and Bridge Bonds of 1960 explains the framework: "the board of supervisors can recess from day to day, skip a day, and recess to a future day, so long as the days consumed do not exceed" the statutory cap.
Q: What if a Board member objects to the notice as inadequate?
A: Document the objection in the minutes. The Board can attempt to cure (re-notice and reconvene) or proceed at risk. Open Meetings Act violations can void actions, so curing is usually the right call.
Q: What about subject-matter limitations — can the Board take up new business at a recessed or adjourned meeting?
A: The Section 25-41-13(1)(a) notice has to specify "subject matter." Boards generally cannot exceed the noticed subject matter. For recessed meetings (continuation of regular business), the subject matter typically tracks the original regular meeting agenda.
Q: What's the consequence of failing to post the Section 25-41-13(1)(a) notice?
A: Violation of the Open Meetings Act. Remedies include actions by the Mississippi Ethics Commission, civil suits to void actions, or civil penalties against Board members. Section 25-41 sets out enforcement mechanisms.
Background and statutory framework
Mississippi's Open Meetings Act (Section 25-41-1 et seq.) requires public bodies to give notice of meetings and conduct them publicly. Section 25-41-13 sets the notice rules.
Section 25-41-13(1) starts: "Any public body which holds its meetings at such times and places and by such procedures as are specifically prescribed by statute shall continue to do so and no additional notice of such meetings shall be required except that:" followed by Section 25-41-13(1)(a) for recessed, adjourned, interim, and called special meetings.
The exception language is the key: even where another statute sets specific notice procedures (like Sections 19-3-17 and 19-3-19 for boards of supervisors), the Section 25-41-13(1)(a) posting still applies for the listed meeting types. The general notice requirement supplements, doesn't replace, the specific notice.
Sections 19-3-17 and 19-3-19 are the board-of-supervisors-specific framework for recessed and adjourned meetings. They require an order on the minutes fixing the day. The 1961 Mississippi Supreme Court decision in In re $30,000 Road and Bridge Bonds and the 1942 Byrd v. Byrd decision provide the conceptual definitions.
The 2021 Holleman opinion (referenced in this opinion) addressed special meetings of boards of supervisors. The 2022 follow-up addresses the related categories of recessed, adjourned, and interim meetings. Together, they outline the full notice framework for non-regular board meetings.
Citations and references
Statutes:
- Miss. Code Ann. § 19-3-17, recessed meetings
- Miss. Code Ann. § 19-3-19, adjourned meetings (referenced as the special-meeting authority too)
- Miss. Code Ann. § 25-41-13, Open Meetings Act notice
Cases cited:
- In re $30,000 Road and Bridge Bonds of 1960, Sup'rs Dist. No. 3, Neshoba Co., Mississippi, 133 So. 2d 267, 273 (Miss. 1961), recess from day to day within statutory limits
- Byrd v. Byrd, 8 So. 2d 510, 512-513 (Miss. 1942), defining recessed and adjourned meetings
Prior AG opinions cited:
- MS AG Op., Holleman (Oct. 29, 2021), special-meeting notice
- MS AG Op., Yancey (July 27, 2007), 12-day recess limit for counties >40,000
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2022/03/T.Holleman-February-24-2022-Notice-for-Recessed-Adjourned-and-Interim-Meetings.pdf
Original opinion text
February 24, 2022
Tim C. Holleman, Esq.
Harrison County Board Attorney
1720 23rd Avenue
Gulfport, Mississippi 39501
Re: Notice for Recessed, Adjourned, and Interim Meetings
Dear Mr. Holleman:
The Office of the Attorney General has received your request for an official opinion.
Background
Your request is in response to an opinion of this office issued to you on October 29, 2021, regarding notice of special meetings of the Harrison County Board of Supervisors. You now request additional information regarding notice for other types of meetings.
Question Presented
Should the notice provision in Mississippi Code Annotated Section 19-3-19 or Section 25-41-13 be used by counties for purposes of calling recessed, adjourned, or interim meetings?
Brief Response
The general notice requirements of the Open Meetings Act, Section 25-41-13, are in addition to the notice requirements for meetings of county boards of supervisors in Section 19-3-17 for recessed meetings and Section 19-3-19 for adjourned meetings.
Applicable Law and Discussion
Section 25-41-13 is the notice section of the Open Meetings Act, which applies to public bodies including, but not limited to, county boards of supervisors. It is supplemental to specific procedures prescribed by statute for public bodies. Miss. Code Ann. § 25-41-13(1). As stated in the previous opinion issued to you by this office, Section 25-41-13(1)(a) provides, in pertinent part:
(1) Any public body which holds its meetings at such times and places and by such procedures as are specifically prescribed by statute shall continue to do so and no additional notice of such meetings shall be required except that:
(a) A notice of the place, date, hour and subject matter of any recessed meeting, adjourned meeting, interim meeting or any called special meeting shall be posted within one (1) hour after such meeting is called in a prominent place available to examination and inspection by the general public in the building in which the public body normally meets. A copy of the notice shall be made a part of the minutes or other permanent official records of the public body . . . .
MS AG Op., Holleman at *1 (Oct. 29, 2021) (emphasis added).
The terms recessed, adjourned, and interim are not defined by statute, but recessed and adjourned meetings are addressed in Sections 19-3-17 and 19-3-19, respectively. Section 19-3-17 states, in part, that "the board of supervisors may recess from time to time, subject to the limitation herein provided, to convene on a day fixed by an order of the board entered on its minutes, and may transact any business coming before it for consideration." Counties with a population of more than forty thousand may not meet for a period exceeding twelve days in any one month to conduct its regular business. MS AG Op., Yancey at *1 (July 27, 2007) (citing Section 19-3-17).
According to the Mississippi Supreme Court, "[i]t is apparent that the board of supervisors can recess from day to day, skip a day, and recess to a future day, so long as the days consumed do not exceed" the statutorily allotted days. In re $30,000 Road and Bridge Bonds of 1960, Sup's Dist. No. 3, Neshoba Co., Mississippi, 133 So. 2d 267, 273 (Miss. 1961). Essentially, a recessed meeting is a suspension of business. Byrd v. Byrd, 8 So. 2d 510, 512 (Miss. 1942). The notice required for a recessed meeting according to Section 19-3-17 is an order by the Board entered on its minutes fixing a day for the meeting. Additionally, the requirements of Section 25-41-13(1)(a), supra, also must be met.
Unlike a recessed meeting, an adjourned meeting is "one ordered by the board at a regular meeting, and which is to convene after the termination of such regular meeting and prior to the next regular meeting." Byrd at 513. Section 19-3-19 states that "[t]he board of supervisors may, at a regular meeting, by an order on its minutes, adjourn to meet at any time it may determine upon." Like recessed meetings, Section 25-41-13 also requires additional notice for adjourned meetings in order to comply with the Open Meetings Act. See Section 25-41-13(1)(a), supra.
As to interim meetings, the term does not appear in the entirety of Section 19-3-1, et seq.
In conclusion, the statutory notice requirements of Sections 19-3-17 and 19-3-19 must be met as well as the additional Open Meetings Act requirements for recessed and adjourned meetings under Section 25-41-13(1)(a).
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Misty Monroe
Misty Monroe
Special Assistant Attorney General