Recruiting-secrecy bill is bad business
STEVEN A. McCALEB
103 ALVERADO DRIVE
LONG BEACH, MISSISSIPPI 39560
PHONE & FAX: (228)-868-8428
E-MAIL: mccaleb4thdist@aol.com
WEB SITE: www.mississippiwebsite.com
Jim Simpson
Rep. Jim Simpson's decision, made at the request of Harrison County Development Commission director Michael Olivier, to offer House Bill 1264 is outrageous!
Remember, Representation Jim Simpson is an attorney first, and attorneys use one word in there quest for justice, and that word is, "CONFIDENTIAL."
Not theirs but yours, by stopping the taxpayers and voters of Mississippi from obtaining public documents is against the law.
But as we know, Mississippi's Legal System is if we, (the representatives) want to change a law in our favor, use Confidentiality.
It taxpayers dollars and in any way involved is any transaction it comes under the, Mississippi Public Records Act of 1983.
Any law which contradicts this act must have been passed by our lawmakers, and that means they want to hide whatever that law involves.
Principal Author: Simpson
Code Sections: A
025-0061-0009, A
079-0023-0001
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Title: AN ACT TO AMEND SECTION 25-61-9, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE MISSISSIPPI PUBLIC RECORDS ACT OF 1983 CERTAIN RECORDS CONTAINING INFORMATION WHICH HAS BEEN PROVIDED BY AN ENTITY IN THE COURSE OF NEGOTIATING AN ECONOMIC DEVELOPMENT OR INDUSTRIAL PROJECT; TO AMEND SECTION 79-23-1, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE ACT COMMERCIAL AND FINANCIAL INFORMATION OF A PROPRIETARY NATURE VOLUNTARILY SUBMITTED TO A PUBLIC BODY; AND FOR RELATED PURPOSES.
25-61-9. Trade secrets and confidential commercial or financial information. |
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(1) Records furnished to public bodies by third parties which contain trade secrets or confidential commercial or financial information shall not be subject to inspection, examination, copying or reproduction under this chapter until notice to said third parties has been given, but such records shall be released within a reasonable period of time unless the said third parties shall have obtained a court order protecting such records as confidential. |
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(2) If any public record which is held to be exempt from disclosure pursuant to this chapter contains material which is not exempt pursuant to this chapter, the public body shall separate the exempt material and make the nonexempt material available for examination and/or copying as provided for in this chapter. |
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(3) Trade secrets and confidential commercial and financial information of a proprietary nature developed by a college or university under contract with a firm, business, partnership, association, corporation, individual or other like entity shall not be subject to inspection, examination, copying or reproduction under this chapter. |
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(4) Misappropriation of a trade secret shall be governed by the provisions of the Mississippi Uniform Trade Secrets Act, Sections 75-26-1 through 75-26-19. |
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(5) A waste minimization plan and any updates developed by generators and facility operators under the Mississippi Comprehensive Multimedia Waste Minimization Act of 1990 shall be retained at the facility and shall not be subject to inspection, examination, copying or reproduction under this chapter. |
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(6) Data processing software obtained by an agency under a licensing agreement that prohibits its disclosure and which software is a trade secret, as defined in Section 75-26-3, and data processing software produced by a public body which is sensitive must not be subject to inspection, copying or reproduction under this chapter. |
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As used in this subsection, "sensitive" means only those portions of data processing software, including the specifications and documentation, used to: |
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(a) Collect, process, store, and retrieve information which is exempt under this chapter. |
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(b) Control and direct access authorizations and security measures for automated systems. |
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(c) Collect, process, store, and retrieve information, disclosure of which would require a significant intrusion into the business of the public body.
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9-23-1. Commercial and financial information exempt from provisions of public access; application of Trade Secrets Act. |
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(1) Commercial and financial information of a proprietary nature required to be submitted to a public body, as defined by paragraph (a) of Section 25-61-3, by a firm, business, partnership, association, corporation, individual or other like entity, shall be exempt from the provisions of the Mississippi Public Records Act of 1983; provided, however, that nothing herein shall be construed to deny access to such information submitted to a regulatory agency by a public utility that is related to the establishment of, or changes in, rates regulated by such agency. |
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(2) Nothing in this section shall be construed to deny a public utility the right to protect trade secrets or confidential commercial or financial information, as provided in subsection (1) of Section 25-61-9. |
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(3) Trade secrets and confidential commercial and financial information of a proprietary nature developed by a college or university under contract with a firm, business, partnership, association, corporation, individual or other like entity shall be exempt from the provisions of the Mississippi Public Records Act of 1983. |
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(4) Misappropriation of a trade secret shall be governed by the provisions of Mississippi Uniform Trade Secrets Act, Section 75-26-1 through 75-26-19. |
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25-61-9. Trade secrets and confidential commercial or financial information
Are not both gentlemen public servants? Olivier holds an appointed office of public trust and Simpson is an elected official.
I have dealt with both Attorney/Representative Jim Simpson and Mike Olivier and I quickly found they do not want the public knowing what the do.
Check my web page links: www.mississippiwebsite.com
Certainly both gentlemen are aware of the current maelstrom surrounding the collapse of Enron and the disgrace of the auditing firm Arthur Anderson. With questions being raised about the relationship, if any, between campaign contributions to the Bush election effort and the Enron-Anderson scandal, what rational argument can either of these gentlemen make in support of their view that "financial arrangements that public bodies use to lure businesses to Mississippi" should be kept secret indefinitely?
Maelstrom: A whirlpool of extraordinary size and violence.
The one word the should cause alarm is, "Secret," nothing, and I mean nothing can be secret.
The word alone establishes wrongdoing by our government in Mississippi, and I believe their is enough wrongdoings being done and it should be stopped.
The one good word, which taxpayers should
uses, is VOTE, each person has the power to change the Mississippi
Government Good Ole Boy System.
Olivier's explanation that HB
1264 "is simply a measure to make into law what we are being requested to do by clients" is insulting to the citizens of the state of Mississippi. Mr. Olivier should recognize that his first and primary obligation is the serve the people of the state of Mississippi and not financial objectives, honest or dishonest, of potential corporate developers or investors.
What would an honest business be asking for of our representatives to be keep secret.
The reason we have a government is to be open, elected officials were not made to run for the office they are responsible for.
They were voted into office with the idea that they would serve and do what there constitutes want them to do.
A good example of this is our five Harrison County Supervisors, does anyone believe these elected officials have not committed, Fraud, Waste, & Abuse of taxpayers money.
Can't you imagine the amount of corruption their would be if after passing this law the public could not check on how the supervisors are spend their slush funds.
This bill is a very bad idea, and if passed, I can see many elected officials not getting reelected.
25-5-3. Governor empowered to remove elective county officials. |
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The governor is hereby empowered, in accordance with the provisions of section 139 of the Mississippi Constitution of 1890, through the procedure and under the regulations prescribed in sections 25-5-3 to 25-5-37 and for the reasons and causes set forth, to remove any elective county officer in this state; and every elective officer of any county in this state may be removed from office by the governor at any time when done in compliance with the regulations hereinafter set forth. |
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Sources: Codes, 1942, § 4054-01; Laws, 1956, ch. 188, § 1, eff from and after passage (approved January 20, 1956). |
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Proposed HB
1264 is bad business and bad for Mississippi.