Public Records Policy

Public Records Policy. The public records policy of the Mississippi Charter School Authorizer Board (MCSAB) has been adopted in accordance with the Mississippi Public Records Act of 1983, Section 25-61-1, et seq. and the Mississippi Ethics Commission’s Model for Public Records Rules. All records and portions of records not exempt from disclosure will be made available in accordance with the procedures outlined below. A. PUBLIC RECORD: In accordance with Miss. Code Ann. Section 25-61-3(b), public records are defined as “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.” B. REQUEST: Requests for public records may be made pursuant to and in accordance with the Mississippi Public Records Act and the MCSAB policy by submitting a written request specifying the record(s) sought, and must include the name, address, telephone number, and email address of the individual and/or organization requesting the record. A form has been created to assist requesters in meeting these submission requirements and is available online at www.charterschoolboard.ms.gov. Requests may be emailed to charterschoolssupport@mcsab.ms.gov, mailed, or hand delivered to the physical address listed below. No verbal or telephone requests can be accepted without written request received. Requests should be submitted to: Mississippi Charter School Authorizer Board ATTN: PUBLIC RECORDS REQUEST 239 N. Lamar Street, Suite 207 Jackson, MS 39201 charterschoolsupport@mcsab.ms.gov C. RESPONSE: The MCSAB will strive to respond to each request within seven (7) working days after the request is received. Acknowledgement of the request will be made in one or more of the following ways: 1) make the records available for inspection or copying during regular working hours, 2) if copies are requested and payment of the cost estimate for the copies, if any, is made, send the copies to the requestor, 3) provide a reasonable estimate of when records will be available, 4) if the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone and may delay production beyond seven (7) working days, or 5) deny the request. In the event of a denial, MCSAB will provide an explanation of the denial to the requestor in writing. Copies of all denials shall be maintained on file by the MCSAB for not less than three (3) years from the date denial is made. The day the request was initially received by the MCSAB will not be included in the seven (7) working day response period referenced above. 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 MCSAB 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 MCSAB 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 MCSAB. During an emergency or in the case of a disruption in services, the timetable for processing may be reasonably delayed. In that instance, notice will be given to the requestor, if possible, and public records requests will be handled as soon as practically possible. D. FEES: Payment for information requested must be made in advance of receipt of documents and must be sufficient to cover the actual costs for the MCSAB 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 in-house and 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. No cash can be accepted. Money orders, certified checks, personal checks, and corporate checks are accepted by this office. The MCSAB 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 MCSAB 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. If the actual cost is higher than the estimate, the requestor will be required to pay the difference before receiving the records. If the actual cost is lower than the estimate, the MCSAB will refund the difference. E. RECORDS EXEMPT FROM DISCLOSURE Some records are exempt from disclosure, in whole or in part. If the MCSAB believes that a record is exempt from disclosure and should be withheld, staff will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the MCSAB will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted. The Public Records Act, as well as other statutes and court decisions, provide that a number of types of documents are exempt from public inspection and copying. In addition, other statutes or rules of law, such as various privacy restrictions, may prohibit disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by MCSAB for inspection (this is not intended to be an exhaustive list): 1. Attorney work product, and attorney-client privilege, examination, exemption, see § 25-1-102. 2. Personnel files exempt from examination, see § 25-1-100. 3. Public records and trade secrets, proprietary commercial and financial information, exemption from public access, see § 79-23-1. 4. Social security numbers, disclosure safeguards, see § 25-1-111. Any person filing documents with the MCSAB shall, prior to filing, redact from the documents any social security numbers, account numbers or dates of birth not required to be listed. The MCSAB 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 MCSAB bear any responsibility for a filer’s failure to redact such information which leads to or may lead to identity theft or other crime or loss. F. PUBLIC INFORMATION VIA THE INTERNET: Some information pertaining to the MCSAB is available free of charge on the MCSAB website at www.charterschoolboard.ms.gov. Requestors are encouraged to view the documents available on the MCSAB website prior to submitting a public records request. G. CLOSURE OF A REQUEST: When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or 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 MCSAB will close the request and notify such requestor of such closure via email. H. LATER DISCOVERED DOCUMENTS: If, after the MCSAB has informed the requestor that it has provided all available records, the MCSAB 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. I. RECORDS OF OTHER GOVERNMENTAL AGENCIES OR ENTITIES: In instances when a public records request is submitted to the MCSAB seeking records that are primarily in possession of another governmental agency/entity, the MCSAB will notify the requestor which government body has primary possession of the responsive records, and the MCSAB will furnish what records are in its possession provided the requestor desires to move forward with the original request. J. REVIEW OF DENIALS Review by the Ethics Commission. Pursuant to Miss. Code Ann. § 25-61-13, if the MCSAB denies a requestor access to public records, the requestor may ask the Ethics Commission to review the matter. The Ethics Commission has adopted rules on such requests. They may be found at www.ethics.state.ms.us. Judicial Review. Any person whose request for public records was denied may institute a suit in the chancery court of Hinds County, seeking to reverse the denial, as set forth in Miss. Code Ann. § 25-61-13.