Scope

Scope. This rule establishes procedures and fees associated with all public requests for copies and/or inspection of public documents. A. Submission of Requests. 1. All requests for information should be submitted in writing to: Office of the Secretary of State Attention: Public Records Office P.O. Box 136 (mailing address) 401 Mississippi Street (physical address) Jackson, MS 39201 PublicRecords@sos.ms.gov 2. Requests may be mailed, emailed to publicrecords@sos.ms.gov, or hand delivered to the physical address listed above. 3. No verbal or telephone request can be accepted without written request received in accordance with subparagraphs 1 or 2 above. 4. The request should specifically outline the records that are being requested, provide the name of the requestor, address of the requestor, email (if applicable) and telephone number of the requesting entity/individual and must be signed by the requesting party. 5. If a request is not directed through the channels provided in the manner described above, official receipt of the public records request may be delayed as it may take additional time to route your request to the correct SOS division for processing. B. Timetable for processing. The SOS will strive to respond to each request within seven (7) working days after the request is received An acknowledgement of the request will be made in one or more of the following ways: 1) provide a reasonable cost estimate associated with the requested records, 2) submission of responsive records or make responsive records available for inspection/copying, 3) provide a reasonable estimate of when responsive records will be available, 4) if the request is unclear or does not sufficiently identify the requested records, a request for clarification from the requestor, or 5) deny the request. In the event of a denial for all or part of the request, the SOS will provide an explanation of the denial to the requestor in writing. The day the request was initially received by the SOS will not be included in the seven (7) working day response period referenced above, and the first day of the response period will begin on the next working day. If the requested information is unable to be produced by the seventh (7th) working day after the request is made, the SOS will provide a written explanation (which may be provided by email) to the requestor indicating why the document cannot be produced during that timeframe. Compilation of documents will not begin until timely payment is received. Delay by the requestor in the payment of an estimated fee may result in the delay of delivery of the requested documents. The SOS will provide assistance to the requestor to the best of its ability; to ensure that public records are protected from damage or disorganization; and to prevent the fulfillment of requests from causing excessive interference with essential functions of the SOS. Please note that the following types of public records requests usually require additional research and staff time, which can result in significant costs associated with fulfilling the request, as well as an increase in the number of days of response time: (1) requests for very large volumes of material (2) requests that are overly broad or do not reasonably describe the records being requested (3) requests that are unspecific in scope (4) requests for information that have already been archived (5) requests for documents that are unusual in size. During an emergency, as defined in Section 31-7-1(f) of the Miss. Code, the timetable for processing may be delayed. In that instance, public records requests will be handled as soon as practicably possible. C. Exempt Documents. The Public Records Act, as well as other statutes and court decisions, provide that a number of records are exempt from public inspection and copying. In addition, other statutes, or rules of law, such as various privacy restrictions, may prohibit disclosure. As stated above, some records are exempt from disclosure, in whole or in part, and may require redaction of information, which may include, but is not limited to, certain sensitive personal information, including social security numbers and dates of birth; certain confidential commercial, proprietary, or financial information; mailing addresses, email addresses and telephone numbers of qualifying candidates; residential addresses of certain individuals; personnel records; attorney communications; and work products of attorneys. This is not an exhaustive list. Records subject to redaction or exemption will be reviewed on a case-by-case basis. Requestors should be aware of the following exemptions, outside of the Public Records Act, that restrict the availability of some documents possessed by the SOS for inspection and copying (this is also not intended to be an exhaustive list): 1. Appraisal records exempt from access, see § 31-1-27; 2. Attorney work product and attorney-client privilege, examination, exemption see § 25-1-102; 3. Charitable organizations, registration information, exemption from public access, see § 79-11-527; 4. Environmental self-evaluation reports, public records act, exemption, see § 49-2-71; 5. Individual tax records in possession of public body, exemption from public access requirements, see § 27-3-77; 6. Licensure application and examination records, exemption from Public Records Act, see § 73-52-1; 7. Personnel files exempt from examination, see § 25-1-100; 8. Public records and trade secrets, proprietary commercial and financial information, exemption from public access, see § 79-23-1; 9. Records exempt from public access, see § 39-7-41; 10. Social security numbers; disclosure safeguards, see § 25-1-111. D. Third Party Information. 1. Confidential or exemption claims. When any person files or submits documents with the SOS which the filer contends are exempt from disclosure under the Public Records Act, the filer shall provide a written statement at the time of filing which shall describe the documents filed and which shall fully explain why the documents are designated as exempt from disclosure and must specifically cite any statute or other legal authority in support of such designation. Such written statement shall itself be a public record subject to disclosure. 2. Clear Designation. Any document filed with the SOS which contains trade secrets or confidential information or financial information subject to the protection of any applicable law or court decision shall be clearly designated as such by the filer on its face and an accompanying cover letter at the time of filing and shall be placed in an envelope other than white. Each page of each document shall be marked confidential. Upon request to inspect or copy any document so designated, the SOS shall notify the person who filed the document of the request. Twenty-one (21) days after such notice, the document will be made available for public inspection or copying unless the filer shall have obtained a court order protecting such records as confidential pursuant to Miss. Code Ann. Section 25-61-9. 3. Prior to Filing. Any person filing documents with the SOS shall, prior to filing, redact from the documents any social security numbers, account numbers or dates of birth not required to be listed. The SOS shall determine on a case-by- case basis whether similar information may be redacted by the filer to prevent identity theft. In no event will the SOS bear any responsibility for a filer’s failure to redact such information which leads to identity theft or other crime or loss. E. Assessment of Costs to the Requestor. Payment for information requested must be made in advance of receipt of documents and must be sufficient to cover the actual costs for the SOS to furnish the information. Such costs include, but are not limited to, staff time to evaluate the request (including costs associated with legal advice by outside attorneys), to retrieve any relevant files, to organize the information, to notify any Third Parties, to develop a cost estimate and schedule, to monitor and/or assist inspection of records, to reproduce the material (if necessary), and to deliver the responsive records. 1. No cash or paper personal checks can be accepted. Money orders, certified checks, and corporate checks are accepted by this office. Payments by credit card, debit card, and electronic check can be submitted via the State Payment Portal after a cost estimate for the public records request has been generated by the office. 2. The SOS will notify the requestor of the costs to obtain the information prior to processing the request. Compilation of documents will not begin until timely payment is received. By delaying the payment of the estimated fee, the requestor acknowledges there may be a delay in the delivery of the requested documents. If timely payment is not received within thirty (30) days, the SOS will proceed no further with the request. If, at a later date, the requestor decides to proceed with the request, he/she should submit a new request. No request will be processed until after payment is received and funds are verified. 3. If the actual cost is higher than the estimate, the requestor will be required to pay the difference before receiving the information. If the actual cost is lower than the estimate, the SOS will refund the difference. F. Requests for Standard Documents. The SOS has established a Schedule of Standard Documents and Fees for frequently requested information. The list of these documents and associated costs are provided in Part 2 Chapter 5 of this regulation. Should a requestor require a paper copy of these documents, he/she must initiate a request as described in this document and submit the fee listed on the Schedule of Standard Documents. G. Requests for Special Documents. Upon receipt of a request for any document not included on the Schedule of Standard Documents and Fees, the staff of the SOS will evaluate the request, research the files and other sources to determine the availability and format in which the information is stored, and estimate the actual costs to furnish the requested information. 1. An estimated cost will be provided to the requestor based on the volume of information, the format in which the information is stored and requested, whether or not third-party information has been requested, and whether any fees are applied as set forth in Rule 5.2, General Fees. The requestor may submit payment for processing of the request, amend the request, and/or withdraw the request. The requestor should submit written notice of his/her intent to either proceed or withdraw the request. H. Requests for Document Inspections. Inspection of public records must be conducted at the SOS and during normal hours of operation (Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding state holidays). Records must be inspected at the SOS and no requestor, or his designee, may remove a public record from the SOS designated inspection area or disassemble or alter any public record. The requestor shall indicate which records he/she wishes to copy. The time, place and manner of inspection and copying of records will not be allowed to interfere with other essential duties of the SOS. The requestor will be billed for the total amount of time expended by employees of the SOS assisting with and/or monitoring the inspection of documents. Additional fees incident to document production may be assessed. I. Public Information via the Internet. Some information pertaining to the SOS is available free of charge on the SOS website at www.sos.ms.gov. Requestors are encouraged to view the documents available on the SOS website prior to submitting a public records request. J. Closure of a Request. If a requestor either withdraws his/her request, fails to fulfill his/her obligations to inspect the records or fails to pay the deposit/cost estimate or payment in full for the requested records within thirty (30) calendar days of the submission of the request, the SOS will close the request and notify the requestor of such closure via email. K. Requests for Electronic Records. The process for requesting electronic public records is the same as provided for requesting paper public records. When a requestor requests records in an electronic format, the SOS will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the public body and is generally commercially available, or in a format that is reasonably translatable from the format in which the public body keeps the record. Costs associated with providing electronic records are governed by Part 2 Chapter 5 of this regulation. With the consent of the requestor, the SOS may provide customized access to a database if the record is not reasonably locatable or not reasonably translatable into the format requested. The SOS may charge the actual cost for such customized access. L. Later Discovered Documents. If, after the SOS has informed the requestor that it has provided all available records, the SOS becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and will provide them to the requestor. M. Records of Other Governmental Agencies or Entities. In instances when a public records request is submitted to the SOS seeking records that are primarily in possession of another governmental agency/entity, the SOS will notify the requestor which government body has primary possession of the responsive records, and the SOS will furnish what records are in its possession provided the requestor desires to move forward with the original request.