25 Miss. Code. R. 103-2.5 - Exempt Records

Any record expressly exempted from the Public Records Act or any record specifically declared to be confidential or privileged by any other Mississippi or Federal statute or constitutional provision shall not be subject to mandatory inspection and copying. Those records which are specifically exempt by Mississippi statute and which fall within the jurisdiction of the Board, MSVA, and/or SVNH include the following:

A. Personnel records and applications for employment, except those which may be released to the person who made the application or with the prior written consent of the person who made the application. Employee consent to release information shall be recorded in writing. This shall not be construed to prohibit the disclosure of the following information about employees: name, address, date of employment, length of employment, qualifications, and salary;

B. Test questions and answers which arc to be used in employment examinations;

C. Letters of recommendation respecting any application for employment;

D. Records which represent and constitute the work product of any attorney and which arc related to litigation initialed by or against the Board, MSVA, and/or SVNH or in anticipation prospective litigation, including all communications between such attorney made in the course of an attorney/client relationship;

E. Appraisal information which concerns the sale or purchase of real or personal property for public purposes prior to public announcement of the purchase or sale, where the release of such records would have a detrimental effect on such sale or purchase;

F. Trade secrets and commercial or financial information obtained from outside government to the extent that disclosure would result in substantial harm to the competitive position of the person from whom or about whom the information was obtained;

(1) For the purpose of providing advance notice to submitters of trade secret or confidential commercial or financial information, twenty-one (21) days from the submitter's receipt of written notice shall be deemed a reasonable time for the disclosure of the requested records in the absence of a court order to the contrary.

G. Investigator records compiled for law enforcement purposes, security purposes, or employment purposes, to the extent that the records could:

(1) deprive a person of a right to a fair trial or an impartial administrative adjudication;

(2) disclose the identity of a confidential source;

(3) disclose investigative techniques and procedures not generally known outside of government;

(4) endanger the life or physical safety of law enforcement or investigative personnel; or,

(5) disclose matters under criminal investigation or consideration for criminal investigation by any investigatory or prosecutorial agency.

Notes

25 Miss. Code. R. 103-2.5

Miss. Code Ann. § 25-61-1, et seq. (Rev. 2022).

Amended 10/20/2024