Open Records

Mississippi’s public records law is the Mississippi Public Records Act of 1983, found at Miss. Code Ann. §§ 25-61-1 through 25-61-19. Public records belong to the public and must be available for inspection unless a specific exemption applies.

Who can request records

Any person may request records – regardless of residency, age, or citizenship. A statement of purpose isn’t required, except when it might affect the fee charged, and there are no restrictions on how records are used once obtained.

What’s covered

The Act applies broadly to every department, board, commission, and political subdivision in the state. Notably, the Legislature and judiciary have more limited or exempt status compared to the executive branch, and there’s no requirement for public bodies to designate an official records custodian.

How to request

Requests should be submitted in writing to the public agency holding the records, describing what’s sought with enough specificity for the agency to locate it. Each public body can adopt its own procedures for the cost, time, place, and method of accessing its records.

Response timeline

This varies based on whether the agency has adopted written procedures: – If a public body has NOT adopted written procedures: the default response deadline is just 1 working day. – If a public body HAS adopted written procedures: it may extend the response window up to 7 working days (some sources cite up to 14 working days in certain circumstances, such as when a mutual agreement is reached or records must be produced in installments due to volume). The Act treats delay as distinct from denial but requires action within a total of 14 days.

Fees

– Fees must be reasonably calculated to reflect actual costs of searching, reviewing, redacting, and duplicating records – not to exceed that actual cost. – The Mississippi Ethics Commission’s guidance recommends a maximum of $0.15/page for photocopies. – Labor costs for staff time are based on the rate of the lowest-paid employee capable of handling the request. – Advance payment may be required for larger requests. – There is NO statutory fee waiver provision in Mississippi – any reduction is entirely at the agency’s discretion, even for public-interest or media requests.

Exemptions

Mississippi’s exemptions are scattered across various Code sections rather than consolidated within the Public Records Act itself – common examples include personnel and employment records (§ 25-1-100), attorney work product (§ 25-1-102), trade secrets, law enforcement investigatory records (§ 25-61-12), and medical examiner/hospital records. The exemption list runs into the mid-forties in total, which is more extensive than many states.

If your request is denied

Requesters can file a complaint with the Mississippi Ethics Commission, which has 14 days to act, may dismiss the complaint or set a hearing, and can order production of records and impose penalties. Alternatively, a requester may go directly to Chancery Court in the county where the public body is located to compel access – no administrative exhaustion is required first. Officials who wrongfully deny access can be held personally liable for up to $100 per violation plus reasonable expenses, including attorney’s fees (Miss. Code § 25-61-15). The appeal window to challenge a denial is notably short – only 30 days.

A note on terminology

Mississippi’s law is officially the “Mississippi Public Records Act” – the same basic type of law that other states call an “Open Records Act,” “Freedom of Information Act,” or (in South Carolina) “FOIA Laws.”