The following procedures are adopted as provided under the
Mississippi Public Records Act of 1983, Chapter 424, Laws of 1983 (hereinafter
referred to as the Public Records Act.
I. DEFINITIONS
a.
Public body: A
public body is defined as "any department, bureau, division, council,
commission, committee, subcommittee, board, agency and any other entity of the
state or a political subdivision thereof, and any municipal corporation and any
other entity created by the Constitution or by law, executive order, ordinance
or resolution. Within the meaning of this act, the term 'entity' shall not be
construed to include individuals employed by a public body or any appointed or
elected public official.
b.
Public records: Public records are defined as "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.
c.
Exempt records:
Those records exempt from disclosure under the Public Records Act.
d.
Nonexempt
records: Those records which are not exempt from disclosure under
the Public Records Act.
e.
Working day: A working day is any day other than a
weekend, State holiday, or a day which by executive order an agency is
authorized to be absent.
II. FEES
a.
By statute, charges are made on a cost-recovery basis. Any person who desires
copies of a public record as defined herein but does not officially represent a
public body shall be charged the actual cost per page of mechanically
reproduced copy. Copies of pages printed on both sides (front and back) shall
be considered as two pages. This fee is for the cost of searching, reviewing,
and duplicating the public record.
However, if the searching, reviewing, or duplicating of
documents or the separating of nonexempt material from documents, etc.,
containing exempt material requires more than one-quarter hour of work, then
the requesting party shall be charged for the work time above one-quarter hour
in addition to the actual cost per page of mechanical reproduction for any
copies desired. The charge for the hours shall be based upon the hourly salary
of the lowest paid qualified employee of the State Department of Education
(hereinafter referred to as the Department) available to do the job.
In the event the public record is available in computer files
and can be obtained through computer use, then the requesting party must pay
the charge for the computer use, including programming time and actual computer
time as well as any other costs incurred. This charge will be determined by the
Department.
b. Mailing costs
calculated at the applicable United States Postal Service rates shall be
charged where appropriate. The cost of mailing a notice to third parties via
certified mail, return receipt requested, shall be charged to persons
requesting the public records. Actual costs for shipment by other than United
States Postal Service shall be charged to the person requesting the special
shipment.
III. PROCEDURES
a. All requests for access to or copies of a
public record shall be in writing and shall specify what record is being sought
as well as the name and address of the individual and/or organization
requesting the record. Requests shall be addressed to the State Superintendent
of Education. Request forms are available in the State Superintendent of
Education's office.
b. The
Department shall respond in writing within fourteen (14) working days from the
date of the request. Denials shall contain the specific reasons for the denial.
Copies of all denials shall be maintained on file by the Department for not
less than three years from the date denial is made.
c. Access to nonexempt records will be
allowed during regular business hours.
d. If any public record which is held to be
exempt from disclosure contains material which is not exempt, the Department
shall separate the exempt material and make the nonexempt material available
for examination and/or copying.
e.
When fees are appropriate as specified in Section II of this regulation, the
fees must be paid prior to the Department's compliance with the request. Cash,
money orders, cashier's checks, personal or company checks will be accepted in
payment for fees under Section II. Payment by personal or company check will be
accepted subject to clearance within fourteen working (14) days.
f. Records furnished to the Department by
third parties, which are not public bodies as defined in the Public Records
Act, will not be released until notice to the third parties has been given. The
records shall be released in fourteen days unless the third party obtains a
court order protecting the records as confidential.
g. The State Superintendent of Education or
his designee has the authority to specify the mode, manner, time and place of
access.
