The SLDS Governing Board acknowledges that "providing access
to public records is a duty" and that "any person shall have the right to
inspect, copy or mechanically reproduce or obtain a reproduction of any public
record" in accordance with these rules (Miss. Code Ann. §
25-61-1
and §
25-61-5).
The SLDS Governing Board will process requests in the order allowing the most
requests to be processed in the most efficient manner.
A. Acknowledging receipt of request. Within
seven (7) business days of receipt of the request, the SLDS Governing Board
designee shall provide an estimate of time required and associated cost to the
requestor.
1. Make the records available for
inspection or copying;
2. If copies
are requested and payment of a deposit for the copies, if any, is made or terms
of payment are agreed upon, send the copies to the requestor;
3. Provide a reasonable estimate of when
records will be available; for records that do not fall within the provisions
of Mississippi Code Annotated §
25-61-9
regarding third party notification requirements, the SLDS Governing Board
designee will provide a written explanation if the records cannot be produced
within the seven (7) business day period;
4. If the request is unclear or does not
sufficiently identify the requested records, request clarification from the
requestor. Such clarification may be requested and provided by telephone. The
SLDS Governing Board designee may revise the estimate of when records will be
available;
5. Deny the request,
with documentation to the requestor as to the reason for denial.
B. Consequences of failure to
respond. If the SLDS Governing Board designee does not respond in writing
within seven (7) business days of receipt of the request for disclosure, the
requestor should consider contacting the SLDS Governing Board designee to
determine the reason for the failure to respond.
C. Protecting rights of others. In the event
that the requested records contain information that may affect rights of others
and may be exempt from disclosure, the SLDS Governing Board designee may, prior
to providing the records, give notice to such others whose rights may be
affected by the disclosure. Such notice should be given so as to make it
possible for those other persons to contact the requestor and ask him or her to
revise the request, or, if necessary, seek an order from a court to prevent or
limit the disclosure. The notice to the affected persons will include a copy of
the request.
D. Denial of request.
1. Records exempt from disclosure. Some
records are exempt from disclosure, in whole or in part. If the SLDS Governing
Board designee believes that a record is exempt from disclosure and should be
withheld, the SLDS Governing Board designee will state the specific exemption
and provide a brief explanation of why the record or a portion of the record is
being withheld. If only a portion of a record is exempt from disclosure, but
the remainder is not exempt, the SLDS Governing Board designee will redact the
exempt portions, provide the nonexempt portions, and indicate to the requestor
why portions of the record are being redacted.
2. Record does not exist or SLDS Governing
Board does not have the record. The SLDS Governing Board must only provide
access to public records in existence at the time of the request. If a public
record is created or comes into the possession of the SLDS Governing Board
after the request is received by the SLDS Governing Board, that record will not
be provided. The requestor must make a new request to obtain
subsequently-created public records.
E. Inspection of records. Consistent with
other demands and with prior written notice by the requestor to the SLDS
Governing Board, it shall promptly provide space to inspect nonexempt public
records. No member of the public may remove a document from the viewing area or
disassemble or alter any document. The requestor shall indicate which documents
he or she wishes the public body to copy.
The requestor must claim or review the assembled records
within ten (10) business days of the SLDS Governing Board notification to him
or her that the records are available for inspection or copying. The SLDS
Governing Board will notify the requestor in writing of this requirement and
inform the requestor that he or she should contact the SLDS Governing Board to
make arrangements to claim or review the records. If the requestor or a
representative of the requestor fails to claim or review the records within the
ten-day period or make other arrangements, the SLDS Governing Board may close
the request and refile the assembled records. Other public records requests can
be processed ahead of a subsequent request by the same person for the same or
almost identical records, which can be processed as a new request.
F. Providing copies of records.
After inspection is complete, the SLDS Governing Board shall make the requested
copies or arrange for copying. The requestor must provide payment for copies at
the time copies are made. Alternatively, the requestor may ask that the SLDS
Governing Board provide the requested information directly to the requestor, in
printed or electronic form, without prior inspection of the information by the
requestor.
G. Providing records in
installments. When the request is for a large number of records, the SLDS
Governing Board will provide access for inspection and copying in installments,
if he or she reasonably determines that it would be practical to provide the
records in that way. If, within ten (10) business days, the requestor fails to
inspect the entire set of records or one or more of the installments, the SLDS
Governing Board or designee may stop searching for the remaining records and
close the request.
H. Completion of
inspection. When the inspection of the requested records is complete and all
requested copies are provided, SLDS Governing Board will indicate that it has
completed a diligent search for the requested records and made any located
nonexempt records available for inspection.
I. Closing withdrawn or abandoned request.
When the requestor either withdraws the request or fails to fulfill his or her
obligations to inspect the records or pay required fees, the SLDS Governing
Board will close the request and indicate to the requestor that the SLDS
Governing Board has closed the request.
J. Later discovered documents. If, after the
SLDS Governing Board has informed the requestor that it has provided all
available records, the SLDS Governing Board becomes aware of additional
responsive documents existing at the time of the request, it will promptly
inform the requestor and data contributors of the additional documents and
provide them on an expedited basis
