Does a Mississippi councilwoman have to pay for copies of city bank and credit card statements she needs to do her job?

Plain-English summary

Councilwoman Marsha Gates of Okolona asked the city clerk for paper copies of all city bank and credit card statements from June 2021 to the present. The clerk treated the request as a public records request from a private citizen and asked for payment for the time required to compile the records. Councilwoman Gates went to the AG: as an elected official, do I have to pay?

The AG's answer is the standard rule for Mississippi council member records access: "an elected official does not have to pay for copies of records if the governing authorities determine that the requested access is reasonable and that the records are required for the elected official to perform his or her official duties."

Two factors:

1. Are the records required for the elected official's duties? A councilwoman who is reviewing city financial activity for budgeting, oversight, or audit reasons has duties that arguably require access to bank and credit card statements. Whether this particular request (multiple years of records, paper copies) is genuinely required for her duties is a local determination.

2. Is the requested access reasonable? Three years of paper bank and credit card statements is a substantial volume. Whether that is "reasonable" depends on factors the AG cannot adjudicate: the size of the city, the staff resources, the format alternatives (digital export, on-site review without copies), and the council member's stated purpose.

If both factors are met, the council member is entitled to no-charge access. If the council determines the requested access is unreasonable or not required for duties, the records can still be requested through the city's public records policy as a private citizen request, with the regular fees that policy imposes.

The AG also reminded that the City of Okolona is a special charter municipality, and the AG cannot interpret special charters by official opinion. The opinion's analysis applies only to the extent the Okolona charter is silent on this issue.

What this means for you

If you are a Mississippi city council member or other municipal elected official requesting records

Frame your request around your official duties. State in writing the specific duty that requires the records (budget review, audit oversight, investigation of a specific issue), and identify the records you need with reasonable specificity. Avoid blanket "give me everything" requests; they look unreasonable on their face.

The right hook is the Tindell / Holcomb / Manley line of AG opinions: members of a municipal governing body are entitled to reasonable access without charge to information required to perform the duties of their office.

If the city clerk or governing body determines your request is unreasonable or not required for your duties, ask for the determination in writing with the reasoning. Then either (1) refine the request to fit within the reasonable-and-required standard, or (2) request the records through the standard public records process and pay the fees, or (3) seek judicial review if you believe the determination is unjustified.

If you are a city clerk or municipal records officer

When an elected official requests records, ask:

1. Is this for official duties? Get the purpose in writing.
2. Is the access reasonable? Consider the volume, format, alternative options, and your office's capacity.

If yes to both, fulfill the request without charge. If no to one or both, document your reasoning and route the request through the standard public records process (with applicable fees and timelines).

If you are a mayor or governing body member assessing a council member's records request

The 2017 Tindell opinion frames the test: reasonable access required for duties = no charge. Your role is the determination. Vote on the minutes if a decision is contested. The 2019 Manley opinion notes that reasonableness and timeliness are factual determinations for the municipality.

If you are a citizen wanting to make a similar records request

The Public Records Act of 1983 gives you access to public records, but with the city's normal fee structure and policies. Council members get a different (more permissive) framework because they are part of the city government and their duties require oversight access. Citizens can still get the same records through the regular public records process; you just pay for them.

If you are a city attorney drafting public records policy

Build the elected-official framework explicitly into the policy. Spell out (a) what counts as "official duties" support, (b) what level of access is "reasonable," and (c) the procedure for documenting the request, the determination, and the fulfillment. A clear procedure prevents the kind of dispute Councilwoman Gates faced.

Common questions

Q: What is the Mississippi Public Records Act of 1983?
A: It is the general public records law that gives any person access to records of public bodies, with exceptions and procedures. The Act is the framework for citizen records requests. Elected officials get supplementary access rights based on their official role.

Q: How is "reasonable access" defined?
A: It is not statutorily defined. The 2019 Manley AG opinion treats it as a factual determination for the municipality, subject to judicial review. Practical factors include the volume of records, the format requested, the office's capacity, alternative ways to provide the information, and the requesting official's stated purpose.

Q: Can the city require the council member to review records on-site instead of getting copies?
A: That is a "format" question. On-site review is often more efficient for the city and may be a reasonable alternative to producing paper copies. If the records can be made available for on-site review at no cost, that may satisfy the council member's access need without requiring the clerk to produce copies.

Q: What about digital records?
A: Digital export is increasingly the practical answer for high-volume records requests. A digital export is often less burdensome than paper copying and may be the most reasonable form of access for large-volume requests. The AG opinion does not specify a format; both sides should look for the format that works.

Q: What if a council member asks for records on a topic outside their committee assignment?
A: The 2024 opinion does not address this. The general rule is that all elected members of a governing body have responsibility for the body's overall functions, so the records-for-duties standard does not narrow to specific committee assignments. But a request for records that have nothing to do with the city's business at all (a council member doing personal research) probably does not satisfy the duties test.

Q: Can a council member share the records they obtain?
A: Records lawfully released to a council member are generally subject to the same confidentiality rules as before release. Records that are public can be shared; records that are privileged or exempt under specific statutes (personnel files, attorney-client communications, etc.) retain those protections in the council member's hands.

Q: What if the council member is involved in a dispute with the mayor or another official?
A: The records access right is statutory and does not turn on internal political dynamics. The mayor, the clerk, or the city attorney cannot deny access just because there is internal disagreement. If a council member is being denied records access for political reasons, the legal hook is the Tindell / Manley line of authorities and ultimately judicial review.

Background and statutory framework

The AG opinions in this area form a consistent doctrine:

• Tindell (Feb. 24, 2017): "[M]embers of a municipal governing body are entitled to reasonable access, without charge, to information required to perform the duties of their office."
• Holcomb (July 11, 2022): "records may only be accessed for lawful purposes."
• Manley (Dec. 3, 2019): "what is reasonable and timely access to information is a factual determination to be made by the municipality."

The 2024 Gates opinion applies the same framework to a specific request (multi-year bank and credit card statements). The two-factor test (required for duties + reasonable access) governs.

The special-charter caveat: Okolona is a special charter municipality. Gaylor (Dec. 15, 2006) and Lowe (Feb. 13, 2009) both confirm that special charters override general municipal law where they conflict. The AG cannot interpret special charters in an official opinion.

The Mississippi Public Records Act of 1983 (which is the citizen-side framework) is referenced in passing but is not the source of the council member's elevated access right.

Citations

• Miss. Code Ann. § 7-5-25
• MS AG Op., Tindell (Feb. 24, 2017)
• MS AG Op., Holcomb (July 11, 2022)
• MS AG Op., Manley (Dec. 3, 2019)
• MS AG Op., Gaylor (Dec. 15, 2006)
• MS AG Op., Lowe (Feb. 13, 2009)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/08/M.Gates-August-23-2024-Requesting-Copies-of-City-Bank-and-Credit-Card-Statements.pdf

Original opinion text

August 23, 2024
The Honorable Marsha Gates
Councilwoman, City of Okolona
301 Middle Street
Okolona, Mississippi 38860
Re: Requesting Copies of City Bank and Credit Card Statements

Dear Ms. Gates:
The Office of the Attorney General has received your request for an official opinion.

Background
According to your request, you have asked the Okolona City Clerk ("Clerk") to provide you with paper copies of bank and credit card statements from June 2021 to the present. You were told that you would have to pay for the requested statements. As we understand it, the question is whether these records are needed for your official duties as a councilwoman. The Clerk's office is treating the request as a request by a private citizen and, in accordance with its public records policy, is requesting payment due to the amount of time necessary to complete the request. The city of Okolona ("City") is a special charter municipality.

Question Presented
Does an elected official have to pay for copies of the City's bank and credit card statements?

Brief Response
An elected official does not have to pay for copies of records if the governing authorities determine that the requested access is reasonable and that the records are required for the elected official to perform his or her official duties.

Applicable Law and Discussion
As an initial matter, official opinions of this office are issued on prospective questions of law pursuant to Mississippi Code Annotated Section 7-5-25. We cannot make factual determinations by official opinion. Further, if the City's special charter speaks to the issue at hand, then the charter controls. See MS AG Op., Gaylor at 1 (Dec. 15, 2006) ("[W]here the provisions of a special charter conflict with general law[,] . . . the specific provisions of a municipal special charter will take precedence over the provisions of general municipal law."); MS AG Op., Lowe at 1 (Feb. 13, 2009) ("[P]rovisions of a private or special charter that are contrary to general statutory provisions are viewed by this office as exceptions to the statutory provisions except where the general statutes expressly provide otherwise."). Assuming that the City's special charter is silent on your question, we offer the following for prospective purposes.

This office has consistently opined that members of a municipal governing body "are entitled to reasonable access, without charge, to information required to perform the duties of their office." MS AG Op., Tindell at 2 (Feb. 24, 2017) (internal citations omitted); see also MS AG Op., Holcomb at 1 (July 11, 2022) (opining that "records may only be accessed for lawful purposes"); MS AG Op., Manley (Dec. 3, 2019) (stating that what is reasonable and timely access to information is a factual determination to be made by the municipality). Whether copies of the City's bank and credit card statements from 2021 forward are required to perform the duties of councilwoman and whether the access is reasonable are factual determinations that must be made by the City Council ("Council"), subject to judicial review. If the Council determines that requested access is unreasonable or that the records are not required to perform the duties of councilwoman, the records may be requested according to the City's public records policy as referenced in your request. We suggest that you consult your municipal attorney for legal advice regarding compliance with any applicable municipal policies or ordinances.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General