§ 25-61-1. Short title; legislative policy regarding right of access to records.
This chapter shall be known and may be cited as the "Mississippi Public Records Act of 1983." It is the policy of the Legislature that public records must be available for inspection by any person unless otherwise provided by this act [Laws, 1996, ch. 453]. 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. As each agency increases its use of and dependence on electronic record keeping, each agency must ensure reasonable access to records electronically maintained, subject to the rules of records retention.
SOURCES: Laws, 1983, ch. 424, § 1, eff from and after July 1, 1983.
SOURCES: Laws, 1996, ch. 453, § 1, eff from and after July 1, 1996.
§ 25-61-2. State policy regarding access to 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. As each public body increases its use of, and dependence on, electronic record keeping, each public body must ensure reasonable access to records electronically maintained, subject to records retention.
SOURCES: Laws, 1996, ch. 537, § 5, eff from and after July 1, 1996.
STEVEN A. McCALEB
103 ALVERADO DRIVE
LONG BEACH, MISSISSIPPI 39560
PHONE & FAX: (228)-868-8428
I see no reason why, according to Mississippi Code of 1983, (45-29-1 & 45-29-3) that I should not be permitted too obtain information once an investigation is completed.
| Subject: | Request for information and records |
| Date: | 11/25/2003 6:35:51 PM Central Standard Time |
| From: | |
State of Mississippi
| Bryant, Phil, State Auditor | 601-576-2641 | auditor@osa.state.ms.us |
| Patterson, Melissa, Special Asst. Atty. Gen. | 601-576-2646 | melissa@osa.state.ms.us |
| Bingham, Jesse, Director | 601-576-2724 | jesse@osa.state.ms.us |
Your request has been received.
You will be receiving a reply to the address you have listed below.
Melissa C. Patterson
Special Assistant Attorney General
This is that reply
Mississippi Code : TITLE 45 PUBLIC SAFETY AND GOOD ORDER : CHAPTER 29 RECORDS : Certain investigative and criminal justice records exempt from public access requirements.
§ 45-29-1.
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(1) Records in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, which are not otherwise protected by law, that (i) are compiled in the process of detecting and investigating any unlawful activity or alleged unlawful activity, the disclosure of which would harm such investigation; (ii) would reveal the identity of informants; (iii) would prematurely release information that would impede the public body's enforcement, investigative or detection efforts in such proceedings; (iv) would disclose investigatory techniques; (v) would deprive a person of a right to a fair trial or an impartial adjudication; (vi) would endanger the life or safety of a public official or law enforcement personnel; or (vii) are matters pertaining to quality control or PEER review activities, shall be exempt from the provisions of the Mississippi Public Records Act of 1983. |
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(2) Nothing in this section shall be construed to prevent any and all public bodies from having among themselves a free flow of information for the purpose of achieving a coordinated and effective detection and investigation of unlawful activity. Where the confidentiality of records covered by this section is being determined in a private hearing before a judge as provided for by subsection (2) of Section 25-61-13, the public body may delete or separate from such records the identity of confidential informants or the identity of the person or persons under investigation. |
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Sources: Laws, 1983, ch. 424, § 20, eff from and after July 1, 1983. |
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| Source: | Mississippi Code : TITLE 45 PUBLIC SAFETY AND GOOD ORDER : CHAPTER 29 RECORDS : § 45-29-3. Exemptions from Mississippi Public Records Law. |
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§ 45-29-3. Exemptions from Mississippi Public Records Law. |
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The following records shall be exempt from the provisions of the Mississippi Public Records Law of 1983: |
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(a) Records which are in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, that performs as one of its principal functions activities pertaining to the enforcement of criminal laws, the apprehension of criminal offenders or the investigation of criminal offenders and/or criminal activities, and which records consist of information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; and |
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(b) Personal information of victims, including victim impact statements and letters of support on behalf of victims that are contained in records on file with the Mississippi Department of Corrections and State Parole Board. |
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Sources: Laws, 1984, ch. 487; Laws, 1990, ch. 413, § 1; Laws, 2002, ch. 560, § 2, eff from and after passage (approved Apr. 10, 2002.) |
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GULFPORT - A member of the Harrison County Development Commission can still serve, even though his step-uncle sits on the board that appoints commission members.
However, commission member Richard Bennett cannot take money for the position, according to the state Attorney General's Office.
Bennett was appointed to the development commission in 2000 by the Harrison County Board of Supervisors. Marlin Ladner, who is Bennett's step-uncle, had just begun serving his first term as a supervisor when Bennett was appointed.
In years past, the attorney general has said that people appointed to government positions by family members could serve as long as they did not accept pay. Step-relatives are included in the nepotism law.
Last summer, the AG released an opinion that said pay could not be waived. The AG recently reversed that opinion, but Bennett did have to pay back more than $10,000 to the state Auditor's Office.
Grady Holder, a member of the Long Beach School Board, also paid back more than $3,000 earlier this year because his brother, Allen Holder, serves on the city's Board of Aldermen, which appoints school board members.
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Posted on Wed, Nov. 26, 2003 |
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LETTERS TO THE EDITOR
Good luck on exposing HCDC's wasteful spending Supervisor Connie Rockco is having a difficult time making the Harrison County Development Commission accountable to the over-burdened taxpayers of Harrison County. This does not surprise this past commissioner. I served on this commission for 10 years and fought for more conservative spending and accountability to no avail. Before gaming was legalized in 1992 this commission and its director had no economic revitalization plans, and without gaming we would still be twiddling our thumbs. Spending taxpayers' money for unnecessary first-class traveling for the director and commissioners abroad, extravagant golf and retreat outings, and ridiculous high salaries for the director and consultants is still out of hand. There is not enough space in this one letter to tell you, the taxpayers of Harrison County, the rest of the wasteful spending history of this untouchable commission. LOUIS VIC ELIAS |
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| Subject: | Requestion information through the Mississippi Public Records Act of 1983 | ||||||
| Date: | 12/8/2003 2:22:51 PM Central Standard Time | ||||||
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Phil Bryant
State Auditor
State of Mississippi
Alderman Ward 6 - Richard Bennett
Phone Number - 228-863-6483
E-mail Address - richbennet@aol.com
Address - 20108 Daugherty Road, Long Beach, MS, 39560
Bio - Richard Bennett has served as Alderman for Ward 6 for the last six years. In the past he has served as President of the Long Beach School Board Association, President of the Gulf Coast School Board Association and for four years he was a member of the National School Board Association. He currently serves as the Secretary of the Harrison County Development Commission representing District 3, and is elected Chair of the Market and Industrial Committee. Richard is currently a member of the Gulf Coast Council of Governments which brings the local governments together to discuss Coast-wide issues. In addition to Richard's involvement in the community includes nine years as a Long Beach Youth Baseball and Basketball Coach. In addition, Richard has held the position of President of Quarles Elementary PTO, as well as, President of Long Beach Middle School Booster Club.
As a young boy, Richard attended St. Thomas Elementary School as well as Quarles Elementary before completing his secondary education in the Harrison County School System. He then pursued his Bachelor of Arts degree at the University of Southern Mississippi (1976-1979) and completed his course of study at the University of Southern Mississippi, Gulf Park (1979-1980).
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Posted on Tue, Dec. 09, 2003 | |
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Development
proposals could be held in secret
BILOXI - Development Commission officials agreed to turn over two proposals for its accounting and auditing services to Harrison County officials on Monday but cautioned the proposals may not be public information. Supervisor Connie Rockco asked the commission to provide her copies of the two proposals for the commission's accounting business at the Harrison County Board of Supervisors meeting. Eric Wooten, lawyer for the Development Commission, said the two accounting firms that submitted proposals, Alexander Van Loon Sloan Levens & Favre and Wright Ward Hatten & Guel, asked that the proposals be kept private, saying that the information in the proposals was proprietary. Proprietary information is exempt from most public records laws. "The accounting firms asked us to keep this information private," Wooten said. "I'm not making a determination of whether it is a public record or not." The commission voted to hire the Alexander firm in November, but the commission has to receive Board of Supervisors approval for contracts over $25,000. Joe Meadows, county attorney, said the Board of Supervisors has the right to see any copy of any contract so it can make informed decisions. "They have a right to look at any of the proposals," he said. Officials with the state Attorney General's office said a document is not protected from public inspection just because someone requests it remain private. "Just because the one presenting the information wants it to be kept secret, that doesn't exempt them from the public records laws," said David Scott, special assistant attorney general. "If there is something, like proprietary information in it, then it could be exempted, but that doesn't mean that they couldn't redact that proprietary information." Supervisors ultimately approved the accounting and auditing contract, but Rockco abstained. The accounting firm and the commission's attorneys were first hired using a secret ballot at a commission meeting in October. After finding out that a secret ballot violated the state's open meetings law, the commission voted again during a November public meeting. The commission at first voted by secret ballot for Balch & Bingham law firm. A month later, in the public vote, commissioners voted to retain its former law firm of Allen Vaughn Cobb & Hood. Rockco asked why Page Mannino Peresich and McDermott, a Biloxi law firm, was included in the first ballot but was left out of the second vote. She later asked that supervisors hire Page Mannino Peresich and McDermott instead of Allen Vaughn Cobb & Hood. The motion died after no one seconded Rockco's motion. Beth Musgrave can be reached at 896-2331 or at bamusgrave@sunherald.com |
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STEVEN A. McCALEB