Public Records Request Policy

Public Records Request Policy. To ensure the orderly implementation of the Public Records Act of 1983, Miss. Code Ann. §§ 25-61-1, et seq. (Rev. 2010), the Commission will use the following procedures for responding to requests for records pursuant to said Act. A. Fees. All applicable fees shall be collected by the Commission in advance of complying with any request for public records. The Commission establishes the following fees to reimburse the Commission for the cost of searching, reviewing and/or duplicating and, if applicable, mailing copies of public records. 1. For each person who is required to search, review and/or duplicate a record, a charge shall be assessed equal to each person's salary computed at an hourly rate of pay. Any part of a 1/4 hour spent in such activities shall be assessed for the full 1/4 hour. 2. A charge of $0.25 per page for each copy shall be assessed. Copies of pages printed on both sides (front and back) shall be considered as two (2) pages for copy charge purposes. Where the records requested are in the form of electronic data, a charge reasonably related to the cost of creating, acquiring and maintaining the geographic information system, multipurpose cadastre or other electronically accessible data, the data contained therein or taken therefrom or information relating thereto, shall be assessed. In determining the charge, the Commission may consider the type of information requested, the purpose or purposes for which the information has been requested, and the commercial value of the information. 3. A packing and handling fee of $5.00 shall be assessed on all requests for copies of public records to be shipped or mailed. 4. Mailing costs shall be assessed and shall be calculated at the applicable rate for each such mailing. If a request involves notice to be given to a third party, the cost of mailing such notice via certified mail return receipt requested shall be assessed to the person or entity making the request. B. Procedures. 1. Requests for records under the Public Records Act shall be received and processed pursuant to the terms, definitions, provisions and exemptions of the Mississippi Public Records Act. Any record specifically declared to be confidential, privileged or exempt by the Public Records Act, or any constitutional or statutory law or decision of a court of this state or the United States shall be exempt from the provisions of the Public Records Act. 2. Any record furnished to the Commission which contains trade secrets or confidential commercial or financial information shall not be subject to inspection, examination, copying or reproduction until sixty (60) days following written notice from the Commission to the person or entity who furnished such records advising that a request has been received for copies of such records. The notice shall contain a listing of the specific records requested and the name and address of the person requesting such records. Notices shall be mailed certified mail return receipt requested. If the request has otherwise met the requirements of these procedures, at the end of the sixty (60) day notice period, copies of all records listed in said notice shall be released to the person requesting such records unless the person or entity furnishing such records shall have obtained a court order protecting such records as confidential.\ Requests for records shall be in writing and signed by the person making the request. All requests shall be directed to: State Forester, Mississippi Forestry Commission, 660 North Street, Suite 300, Jackson, Mississippi 39202, or the Commission’s current state office mailing address if different. 4. If a request for records is denied, the denial shall be in writing and shall contain a statement of the specific reasons for the denial. A copy of denials shall be maintained in a file for not less than three (3) years from the date any such denial is made.