Mississippi Public Records Act Request

MISSISSIPPI PUBLIC RECORDS ACT REQUEST

(Miss. Code § 25-61-1 et seq.)

PRACTITIONER NOTES

1. Any person may inspect, copy, mechanically reproduce, or obtain a reproduction of a public record, subject to statutory exceptions and the public body's reasonable written procedures governing cost, time, place, and method. Miss. Code § 25-61-5(1)(a).
2. If the body has not adopted written procedures, access must be provided within one working day after a written request. If it has procedures, those procedures may not authorize production or denial later than seven working days after receipt. § 25-61-5(1)(a).
3. If production cannot occur by the seventh working day, the body must give a written explanation stating that the record will be produced and specifying why production is not possible within seven days. Absent mutual agreement or the statutory competitive-sealed-proposal exception, production may not be later than 14 working days after receipt. § 25-61-5(1)(b).
4. A denial must be written and identify the specific exemption relied upon. The body must redact exempt material and make nonexempt material available and may charge a reasonable redaction fee not exceeding actual cost. § 25-61-5(2)-(3).
5. A public body may charge no more than actual search, review, duplication, and applicable mailing costs. Staff or contract time must be priced at the pay scale of the lowest-level employee or contractor competent to respond. Fees are collected in advance. § 25-61-7(1).
6. A public body must provide a copy in the requested format if it maintains the record in that format. Use of sensitive or proprietary software may not diminish public access rights. § 25-61-10.
7. The Act does not state a general public-interest fee-waiver entitlement. A body may have a discretionary waiver policy, but the request should not present that as a statutory right.
8. A request is not a contract. Delete unused bracketed instructions and do not add warranties, covenants, defaults, cure periods, indemnities, force majeure, arbitration clauses, jury waivers, assignment restrictions, integration clauses, or execution formalities.

REQUEST LETTER

Date: [DATE]

Method: [EMAIL / MAIL / FACSIMILE / PORTAL / HAND DELIVERY]

To:
[RECORDS CUSTODIAN / PUBLIC RECORDS OFFICER]
[PUBLIC BODY]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: Mississippi Public Records Act Request — [SUBJECT]

Dear Records Custodian:

Under the Mississippi Public Records Act of 1983, Miss. Code § 25-61-1 et seq., I request inspection and/or copies of the public records described below.

1. Records Requested

1. [DESCRIBE THE FIRST RECORD OR DISCRETE RECORD SET.]
2. [DESCRIBE THE SECOND RECORD OR DISCRETE RECORD SET.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

Date range: [START DATE] through [END DATE]

Relevant office, official, employee, contractor, project, contract, incident, matter, or file number: [DETAILS]

Helpful custodians, email addresses, search terms, systems, databases, or data fields: [DETAILS]

If clarification would help identify responsive records or reduce cost, please contact me at [EMAIL / TELEPHONE].

2. Inspection, Copies, Format, and Delivery

I request:

• ☐ inspection;
• ☐ electronic copies in this format maintained by the body: [FORMAT];
• ☐ paper copies;
• ☐ inspection first, with copies selected afterward; or
• ☐ another available method: [METHOD].

Preferred delivery or inspection method: [EMAIL / SECURE LINK / PORTAL / APPOINTMENT / MAIL / PICKUP].

3. Fees and Cost Communication

I authorize lawful fees up to $[AMOUNT]. Please provide an itemized estimate and obtain my written approval before exceeding that amount or collecting advance payment.

Please limit charges to actual search, review, duplication, redaction, and applicable mailing costs and calculate staff or contract time at the pay scale of the lowest-level person competent to respond, as required by §§ 25-61-5(2) and 25-61-7(1).

[OPTIONAL DISCRETIONARY REQUEST: Please waive or reduce fees to the extent public-body policy permits because [DETAILS]. This does not assert a general statutory waiver right.]

4. Production Deadline and Any Denial

Please produce the records or issue any denial within the timeframe established by the body's published written procedures, which may not authorize production or denial later than seven working days after receipt under § 25-61-5(1)(a).

If the body has no adopted written procedures, please provide access within one working day after this written request. If production cannot occur by the seventh working day, please provide the written explanation required by § 25-61-5(1)(b), stating that the records will be produced and specifying with particularity why they cannot be produced within seven working days.

Absent my agreement or an applicable statutory sealed-proposal exception, please complete production no later than 14 working days after receipt.

If any record or portion is denied, please provide the written denial required by § 25-61-5(3), identify the specific exemption, redact only exempt material, and provide all nonexempt material.

Thank you for your assistance.

Respectfully,

[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

POST-SUBMISSION AND ENFORCEMENT NOTES

• Keep the record: Preserve the request, proof of receipt, the body's published procedures, estimate, payment, delay explanation, production, and denial.
• Third-party commercial records: Trade-secret or confidential commercial or financial records furnished by a third party have a separate notice and 21-day protective-order process under § 25-61-9. Do not assume the ordinary 14-day outside date controls that process.
• Ethics Commission complaint: A person denied access may complain to the Mississippi Ethics Commission. The Commission sends the complaint to the public body, which has 14 days after receipt to respond, and the Commission may order production, other compliance measures, and authorized penalties. § 25-61-13.
• Chancery Court: A party may directly file in a Chancery Court with jurisdiction without exhausting the Ethics Commission process, but must give the Commission written notice when filing. A party may also petition the Chancery Court for the county where the public body is located to enforce or appeal a Commission order; review of the order is de novo. § 25-61-13.
• Personal civil liability: A person who denies access to a nonexempt public record or charges an unreasonable fee may be personally liable for up to $100 per violation plus all reasonable expenses incurred by the person bringing the proceeding. § 25-61-15.
• Get legal advice promptly: Exemptions, third-party notice, sealed proposals, software and format issues, fee reasonableness, forum, and recoverable expenses are fact-sensitive.

CURRENT OFFICIAL SOURCES

• Mississippi Ethics Commission — Title 25, Chapter 61 statutory text
• Mississippi Secretary of State — official Mississippi law access information
• Mississippi Legislature — legislation and official code portal