Mississippi Public Records Act
From Sunshine Review
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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.
[edit] 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%. [1]
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.[2]
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+".[3]
[edit] Public Records
"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."[4]
[edit] 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."[5]
[edit] Proposed changes
- House Bill 1048 [6] would restrict the fees charged for open records to actual costs. Unanimously passed the House February 10, 2009. [7]
- Senate Bill 2921 [8] 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. [7] [9]
- Senate Bill 3109 [10] 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. [7]
The Natchez Democrat [11], Clarion Ledger [12] and the Hattiesburg American [13] have editorialized in favor of both HB1048 and SB2921.
[edit] Who May Request Mississippi Records?
Anyone may request access to Mississippi's public documents. "[P]ublic records must be available for inspection by any person". [14]
For requester residency requirements in other states, see the list of who can make public record requests by state.
[edit] Relevant legal cases
- Citizens for Equal Property Rights v. Board of Supervisors of Lowndes Co.
- Clarion-Ledger v. Entergy Mississippi, 2005
- Shipman v. North Panola Consolidated School District, 1994
- Delta Democrat Times v. Greenville, 1986
- Roberts v. Mississippi Republican Party State Executive Comm., 1985
- Board of Trustees v. Mississippi Publishers Corporation, 1985
- Mayor and Aldermen v. Vicksburg Printing & Publishing Co., 1983
- Pollard v. State, 1967
- Logan v. Mississippi Abstract Co., 1941
- W. T. Rawleigh Co. v. Hester, 1941
[edit] See also
[edit] External links
- Michigan Statutes for Public Records, search for Title 25, Chapter 61. For Open Meetings, search for Title 25, Chapter 41.
- Open Government Guide to Mississippi
- Mississippi on WikiFOIA
[edit] References
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Mississippi Statutes 25-61-2. State policy regarding access to public records
- ↑ Mississippi Statutes 25-41-1. Legislative declaration
- ↑ Text and Status of HB1048
- ↑ 7.0 7.1 7.2 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
- ↑ Mississippi Code, 25-61-1
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