OCEAN SPRINGS, MS (GC Wire) – The Ocean Springs Board of Aldermen held a scheduled “workshop” Wednesday to get answers about the state-funded downtown parking garage. Instead, key questions went unanswered, with aldermen repeatedly told by the city attorney he could not respond due to “potential litigation.”
The workshop lasted less than ten minutes. From the outset, officials made clear that most topics would be off limits for public discussion.
Misinformation Given to the Board and Public
Mayor Bobby Cox opened the meeting with a prepared statement setting the ground rules.
“Discussion will be limited to items that may be addressed in an open meeting,” he said. The mayor went on to say since the Board had previously voted in the last meeting to discuss issues about the lease in executive session, then that vote still applies.
But that is not how the law works.
An executive session is a portion of a meeting where board members may temporarily leave public view to discuss limited topics authorized by law.
The Open Meetings Act does not allow a board to pre-approve secrecy — each executive session must be justified and voted on at the meeting where it occurs. A prior vote to enter executive session does not carry forward to future meetings. The law requires a new, specific justification each time a board seeks to close a discussion.
Cox continued:
“Any matter that requires executive session under Mississippi Open Meetings Act, including discussions related to litigation strategy or the leasing of land, will not be discussed during this work session.”
However, the Open Meetings Act does not “require” any topic to be discussed in executive session. The law presumes meetings will be open. It provides a limited set of exceptions that allow a board to enter executive session — but never requires it.
Boards can opt to discuss those exceptions in public. The parking garage project had been openly discussed in public meetings for years. The more recent approach of limiting what can be discussed in open session marks a shift in how the issue is being handled under the current administration.
City Attorney David Harris did not correct the mayor’s statements. Instead, he reinforced them, repeatedly telling aldermen their questions could not be answered publicly.
Ward 1 Alderman Steve Tillis asked outright, “Are we saying we can’t ask any questions in open session?”
City Attorney Harris doubled down on Cox’s take.
“If it’s about the terms and conditions of the lease or about the potential litigation, that’s something that y’all already voted to discuss in executive,” he said.
In October, this same Board openly discussed terms of a potential lease in public view. The shift to speak about it only in private is new.
A Meeting With No Answers
The workshop was scheduled at last week’s regular Board of Aldermen meeting.
Alderman Shannon Pfeiffer motioned to hold the meeting to go over public documents and determine questions regarding whether the city should own the garage or be expected to sign a lease. The Board voted unanimously to schedule the workshop, but were told minutes later in executive session that City Attorney David Harris had already sent a proposed lease agreement to OHOS Development LLC, the developers of the garage.
Pfeiffer was unable to attend the workshop due to a family emergency.
Three aldermen told GC Wire they were not aware the lease had already been sent until they entered executive session during that April 7th meeting – each saying Harris immediately told them it was “time to make a decision.”
On Wednesday, Mayor Cox was overheard telling a WLOX reporter he was also unaware the city attorney had sent the agreement to developers, finding out only when the Board entered that private session. This raises questions as to who authorized Harris to send a finalized lease agreement to OHOS.
During the workshop, Tillis asked about the requirement for the city to sign a lease.
“There seems to be some questions of whether or not we had to sign the lease,” he said.
He added: “Six months ago, I asked the question, ‘do we have to sign this lease?’ And at that time, based on the information you had, you advised the board that we didn’t have to sign the lease. And I know since then, we’ve had some documentation that’s come before the board that said, oh yeah, you’re going to have to sign this lease.”
Harris refused to discuss any documentation that caused him to change his mind, citing potential litigation – a term that was used repeatedly throughout the nine minute meeting. But Harris would not say who that potential litigation would be against or why it exists.
Instead, Harris read from a press release by State Auditor Shad White, which mentioned the MDA’s demand the city enter into a long term lease agreement. Harris did not read the part of White’s publication that stated, “Since the completion of the project, there has been confusion over the final ownership of the garage.”
Where the Confusion Comes From
Confusion regarding ownership of the garage isn’t something that comes out of thin air.
In 2019, the city approved a co-application for a state grant to build the parking garage. Together with OHOS Development, the city submitted two grant applications. Each of those applications stated:
“OHOS Land, LLC has entered into an agreement in which it will transfer ownership of the parking garage and amenities to the City upon completing construction.”
The same claim appears again later in the applications:
“The City of Ocean Springs is in full support of the project as evidenced by the attached resolution and the fact the City is a co-applicant and will be the owner of the proposed parking garage.”
The city and OHOS later certified in all grant agreements that all facts presented to the state in the applications were “true and correct” on the day the applications were submitted and remain true and correct at the signing of the agreements.
Yet, here we are – officials arguing that the city must abandon those ownership designs and sign a lease agreement.
Tillis Addresses the Public
Despite not getting his questions answered, Tillis took to Facebook to say he was satisfied, even posting a link to the YouTube video of the short workshop meeting.
“There’s been a lot of speculation about whether the City of Ocean Springs should enter into a lease for the 1515 parking garage,” he wrote. “This video helps clarify the current lease and gives citizens a better understanding of where things stand.”
When a resident pushed back, Tillis changed his stance.
“Do we know the specifics of the grant process that resulted in this going from the City owning the parking garage, not paying rent, and getting partial use of the garage to now not owning it and having to pay rent,” Jonathan Franco asked.
“These are all good questions and how the development move from a City owned parking garage to a lease is beyond my expertise,” Tillis responded. “I have asked question after question and have not been able to find the answers. I’m sure it’s all about money but this transpired way before I came in the office.”
Despite his questions, Tillis voted to approve the lease agreement on April 7th. It passed 4-3, with Aldermen Shannon Pfeiffer, Karen Stennis, and Julie Messenger voting no.
Others expressed dismay about the situation.
“Personally I think the lease is a bad idea,” Chelsea Norton Prince commented. “The agreement was for ownership. I think you all need to fight for what was legally agreed upon.”
Prince also weighed in on “potential litigation” being used as a repeated justification for secrecy.
“The fear of possible litigation should stop being the excuse for everything,” she added. “If you feel confident in doing what you think is right, I think possible litigation is ok if you have good case that you are fighting for and could win.”
As of publication, Tillis did not respond to Prince.
No Answers for the Public or Aldermen
The workshop was meant to provide clarity. Instead, key questions were left unanswered, with officials citing “potential litigation” as the reason they could not respond in public.
The law allows limited exceptions for private discussion. It does not require silence.
Millions of state taxpayer dollars were acquired to build a downtown parking garage in Ocean Springs with the promise that the city would own the structure. Residents and aldermen are repeatedly asking how that changed. On Wednesday, the public – and aldermen – got very little explanation and no clear answers.
Does the City Attorney David Harris have a vented interest in the parking garage?