31 Miss. Code. R. 5-1.1 - Statutory Authority and Purpose

1. The Public Records Policy of the Mississippi Department of Public Safety is promulgated pursuant to the Mississippi Public Records Act of 1983, Miss. Code Ann. § 25-61-1, et seq., as amended ("the Act"). All records and portions of records which are not exempt from disclosure will be available as set forth in these procedures.

a. "It is the policy of the Legislature that public records must be available for inspection by any person unless otherwise provided by this act. 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." Miss. Code Ann. § 25-61-1.

b. "All public records are hereby declared to be public property, and any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of a public body in accordance with reasonable written procedures adopted by the public body concerning the cost, time, place and method of access, and public notice of the procedures shall be given by the public body." Miss. Code Ann. § 25-61-5.

c. The Act defines "public record" to include any "all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body ." Miss. Code Ann. § 25-61-3(b)

2. The purpose of these rules is to establish the procedures that the Mississippi Department of Public Safety will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the Mississippi Department of Public Safety and establish processes for both requestors and Mississippi Department of Public Safety staff that are designed to best assist members of the public in obtaining such access.

3. The purpose of the Act is to provide the public full access to public records concerning the conduct of government. The Act and these rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the Act, the Mississippi Department of Public Safety will be guided by the provisions of the Act describing its purposes and interpretation.

Notes

31 Miss. Code. R. 5-1.1

Miss. Code Ann. §§ 25-61-1, et seq.

Amended 11/25/2020 Amended 4/1/2021