Mississippi Public Records Act
The Mississippi Public Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Mississippi.
The Mississippi Open Meetings Act legislates the methods by which public meetings are conducted.
To learn more about how to make a public records request in this state, please see: Mississippi FOIA procedures
Recent news
- See also: Mississippi transparency headlines
Transparency blocking
- Jackson city mayor refuses to turn over records 2009-08-04 13:01:10
- Openness needed even for officials 2009-06-10 13:29:23
- Open Mississippi records 2009-06-10 13:27:04
More transparency blocking news from across the country.
Litigation
- Publication sues Miss. to get prison phone records 2009-06-10 13:22:36
- City Council May Sue Mayor Melton For Financial Info 2009-06-10 13:10:06
More FOIA litigation news from across the country.
Legislation
- Mississippi enacts law that would impose civil penalty on Open Records violators 2011-03-04 21:56:59
- Secrecy: Senate backslides on openness 2009-06-10 13:18:25
- Two bills deal with public-records policy 2009-06-10 13:16:13
More FOIA legislation news from across the country.
Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Mississippi. For more information go the page or go to Mississippi sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Board of Trustees v. Mississippi Publishers Corporation | 1985 |
| Citizens for Equal Property Rights v. Board of Supervisors of Lowndes Co. | 1998 |
| Clarion-Ledger v. Entergy Mississippi | 2005 |
| Delta Democrat Times v. Greenville | 1986 |
| Logan v. Mississippi Abstract Co. | 1941 |
| Mayor and Aldermen v. Vicksburg Printing & Publishing Co. | 1983 |
| Roberts v. Mississippi Republican Party State Executive Comm. | 1985 |
| Shipman v. North Panola Consolidated School District | 1994 |
| W. T. Rawleigh Co. v. Hester | 1941 |
Proposed changes
- See also Proposed transparency legislation, 2010 or find sample transparency legislation at the Sunshine Standard
2011
Here is a list of transparency legislation for Mississippi in 2011. This list contains a random collection of 15 bills from the state. For the full list please see Mississippi transparency legislation.
| Rating | Bill | Current Status | Progress | Information |
 | House Bill 314 | Current Status: (Referred to Ethics Committee) | 
|
House Bill 314 is a bill introduced to the Mississippi House of Representatives by Representative Rita Martinson which would impose the civil penalties for violations of open records laws on individual members of a public body. Initial fine levels would be made $500 for a first offense and $1,000 for a second offense. Any person who denies access to a public record may also be liable for a civil sum up to $100 per violation. The companion bills House Bill 358, Mississippi 2011, House Bill 865, Mississippi 2011, Senate Bill 2158, Mississippi 2011, and Senate Bill 2070, Mississippi 2011 all died in committee. Senate Bill 2289, Mississippi 2011 is the senate version of the bill. [1] |
| House Bill 733 | Current Status: (Died in Committee) | 
|
House Bill 733 is a bill introduced to the Mississippi House of Representatives by Representative Mark Baker which would require public bodies to maintain certain public records on their agency's website. [2] |
 | House Bill 974 | Current Status: (Died in Committee) |
|
House Bill 974 is a bill introduced to the Mississippi House of Representatives by Representative Omeria Scott which would impose civil penalties against anyone who discloses information derived from an executive session of a public body. First violation may be subject to civil penalty of no less than $25,000 with the penalty increasing by $25,000 for each subsequent violation. The bill would also provide for rules regarding entering an executive session. [3] |
| Senate Bill 2289 | Current Status: (Signed into law by Governor on 02/24/2011 effective 06/01/2011) | 
|
Senate Bill 2289 is a bill introduced to the Mississippi House of Representatives by Senator Merle Flowers which would impose the civil penalties for violations of open records laws on individual members of a public body. Initial fine levels would be made $500 for a first offense and $1,000 for a second offense. Any person who denies access to a public record may also be liable for a civil sum up to $100 per violation. The companion bills House Bill 358, Mississippi 2011, House Bill 865, Mississippi 2011, Senate Bill 2158, Mississippi 2011 and Senate Bill 2070, Mississippi 2011 all died in committee. House Bill 314, Mississippi 2011 is the house version of the bill. [4] |
2010
Here are a list of 30 random bills from Mississippi from 2010. For a full list, please see Mississippi transparency legislation.
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|
2009
- House Bill 1048 [1] would restrict the fees charged for open records to actual costs. Unanimously passed the House February 10, 2009. [2]
- Senate Bill 2921 [3] would reduce the response time required by law for open records requests to seven days (rather than the current 14 days) and restrict fees charged for open records to actual costs. The Senate recommitted this bill to committee 26-23, which effectively killed it. [2] [4]
- Senate Bill 3109 [5] concerns the construction of artificial reefs in the Gulf and contains an exemption to FOIA. The House version of the bill does not contain the exemption. [2]
The Natchez Democrat [6], Clarion Ledger [7] and the Hattiesburg American [8] have editorialized in favor of both HB1048 and SB2921.
Mississippi's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Mississippi #39 in the nation with an overall percentage of 45.90%. [9]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Mississippi 41 points out of a possible 100, a letter grade of "F", and a ranking of 33 out of the 50 states.[10]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Mississippi's law as the 29th worst in the country, giving it a letter grade of "D+".[11]
Features of the law
Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.
Declared legal intention
The declared legal intention of the law states, "It is the policy of this state that public records shall be available for inspection by any person unless otherwise provided by this chapter; furthermore, providing access to public records is a duty of each public body and automation of public records must not erode the right of access to those records."[12]
What records are covered?
Records are defined as "all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body" [13]
Exemptions
However, some exemptions include:
- Trade secrets and other confidential fiscal information [14]
- Home contact information for law enforcement and judicial personnel [15]
- Personal information of victims [16]
- Medical Records [17]
However, departments are required to separate non-exempt material from exempt material and release the non-exempt material.[18]
Deliberative process
What agencies are covered?
Public body is defined as "any department, bureau, division, council, commission, committee, subcommittee, board, agency and any other entity of the state or a political subdivision thereof, and any municipal corporation and any other entity created by the Constitution or by law, executive order, ordinance or resolution." [19]
Legislature
- Ambiguous
While the legislature falls under the definition of public body found at Mississippi code 25-61-3, the act does state that "Nothing in this chapter shall be construed as denying the Legislature the right to determine the rules of its own proceedings and to regulate public access to its records."[20]
Privatized governmental agencies
In Mississippi, private entities created by public bodies are considered public and subject to the Public Records Act.[21]
Public universities
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Who may request records?
Anyone may request access to Mississippi's public documents. "[P]ublic records must be available for inspection by any person". [22]
Must a purpose be stated?
No statement of purpose is required by law.
How can records be used?
There are no restrictions placed on the use of records.
Time allowed for response
- 1-14 days
Mississippi law states that, if not decided upon by the individual department, departments have 1 working day to respond to PRA requests. However, departments may establish their own time limits of up to fourteen working days. [23]
Fees for records
Copy costs:
Mississippi law allows for the charging of fees to include the physical cost of duplication. [24]
Search fees:
Mississippi law allows for the charging of fees to include labor costs associated with the search, compilation and duplication of materials.[25]
Role of the Attorney General
There is currently no provision within the state open records law that empowers the State Department of Law to enforce the right of the public to access governmental records.
Open meetings
"It being essential to the fundamental philosophy of the American constitutional form of representative government and to the maintenance of a democratic society that public business be performed in an open and public manner, and that citizens be advised of and be aware of the performance of public officials and the deliberations and decisions that go into the making of public policy, it is hereby declared to be the policy of the State of Mississippi that the formation and determination of public policy is public business and shall be conducted at open meetings except as otherwise provided herein."[26]
Notable requests
See also
- Mississippi FOIA procedures
- Mississippi transparency headlines
- Mississippi transparency advocates
- Mississippi transparency legislation
- Private agency, public dollars-Mississippi
- Mississippi Open Meetings Act
External links
- Mississippi Statutes for Public Records, search for Title 25, Chapter 61. For Open Meetings, search for Title 25, Chapter 41.
- Open Government Guide to Mississippi
- Past articles on Mississippi
References
- ↑ Text and Status of HB1048
- ↑ 2.0 2.1 2.2 Two bills deal with public-records policy, Sun Herald, February 11, 2009
- ↑ Text and Status of SB2921
- ↑ Secrecy: Senate backslides on openness, Clarion Ledger, February 13, 2009
- ↑ Text and Status of SB3109
- ↑ Cheese holes best filled one at a time, Natchez Democrat, February 11, 2009
- ↑ Secrecy: Senate backslides on openness, Clarion Ledger, February 13, 2009
- ↑ Lawmakers must get serious about records, Hattiesburg American, February 12, 2009
- ↑ 2008 BGA-Alper Integrity Index
- ↑ States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Mississippi Statutes 25-61-2. State policy regarding access to public records
- ↑ Mississippi code 25-61-3 on Michie's Legal Resources
- ↑ 25-61-9-2
- ↑ 25-61-12-1
- ↑ 25-61-12-3
- ↑ Mississippi PRA 41-57-2
- ↑ Mississippi PRA 25-61-5-2
- ↑ Mississippi code 25-61-3 on Michie's Legal Resources
- ↑ Mississippi code 25-61-17 via RCFP Guide to Mississippi
- ↑ Private agency, public dollars-Mississippi
- ↑ Mississippi Code, 25-61-1
- ↑ Mississippi PRA 25-61-5-1
- ↑ Mississippi PRA 25-61-7-1
- ↑ Mississippi PRA 25-61-7-1
- ↑ Mississippi Statutes 25-41-1. Legislative declaration
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