31 MAC Pt. 5, R. 1.1
Statutory Authority and Purpose
Cite as 31 Miss. Admin. Code Pt. 5, R. 1.1
Statutory Authority and Purpose
1.
The Public Records Policy of the Mississippi Department of Public Safety is promulgated
pursuant to the Mississippi Public Records Act of 1983, Miss. Code Ann. § 25-61-1, et
seq., as amended (“the Act”). All records and portions of records which are not exempt
from disclosure will be available as set forth in these procedures.
a.
“It is the policy of the Legislature that public records must be available for
inspection by any person unless otherwise provided by this act. Furthermore,
providing access to public records is a duty of each public body and automation of
public records must not erode the right of access to those records.” Miss. Code
Ann. § 25-61-1.
b.
“All public records are hereby declared to be public property, and any person
shall have the right to inspect, copy or mechanically reproduce or obtain a
reproduction of any public record of a public body in accordance with reasonable
written procedures adopted by the public body concerning the cost, time, place
and method of access, and public notice of the procedures shall be given by the
public body.” Miss. Code Ann. § 25-61-5.
c.
The Act defines “public record” to include any “all books, records, papers,
accounts, letters, maps, photographs, films, cards, tapes, recordings or
reproductions thereof, and any other documentary materials, regardless of
physical form or characteristics, having been used, being in use, or prepared,
possessed or retained for use in the conduct, transaction or performance of any
business, transaction, work, duty or function of any public body, or required to be
maintained by any public body.” Miss. Code Ann. § 25-61-3(b).
2.
The purpose of these rules is to establish the procedures that the Mississippi Department
of Public Safety will follow in order to provide full access to public records. These rules
provide information to persons wishing to request access to public records of the
Mississippi Department of Public Safety and establish processes for both requestors and
Mississippi Department of Public Safety staff that are designed to best assist members of
the public in obtaining such access.
3.
The purpose of the Act is to provide the public full access to public records concerning
the conduct of government. The Act and these rules will be interpreted in favor of
disclosure. In carrying out its responsibilities under the Act, the Mississippi Department
of Public Safety will be guided by the provisions of the Act describing its purposes and
interpretation.