Mississippi Administrative Code › Title 10 - Education Institutions and Agencies › Part 403 - Board Policies › Chapter 3 - Request for Information › Rule 10-403-3.1 - Public Records Policy

Current through June 25, 2024
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
. Mississippi Code of 1972. All records and portions of
				  records not exempt from disclosure will be made available in accordance with
				  the procedures outlined below.
1.
				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."
2. REQUEST:
Requests for information 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, 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 should be submitted to:
Mississippi Charter School Authorizer Board
ATTN: PUBLIC RECORDS REQUEST
239 N. Lamar Street, Suite 207
Jackson, MS 39201
3. RESPONSE:
The MCSAB shall respond in writing within seven (7) working
				  days from the date of the receipt of the request. If the requested record is
				  unable to be produced by the seventh working day after the request is made, the
				  MCSAB will provide a written explanation to the requester stating that the
				  record requested will be produced and specifying with particularity why the
				  records cannot be produced within the seven-day period. Unless there is mutual
				  agreement of the parties, in no event shall the date for the requested records
				  be any later than fourteen (14) working days from the receipt of the original
				  request.
4. INSPECTION:
Records will be available for inspection and copying by
				  appointment during regular working hours (8:00 a.m. - 5:00 p.m.), Monday
				  through Friday, holidays excluded.
5. FEES:
By statute, charges are made on a cost-recovery basis. Any
				  person who desires copies of a public record as defined herein but does not
				  officially represent a public body shall be charged the actual cost per page of
				  a mechanically reproduced copy. Copies of pages printed on both sides (front
				  and back) shall be considered as two pages. This fee is for the cost of
				  searching, reviewing, and duplicating the public record.
However, if the searching, reviewing, or duplicating of
				  documents or the separating of nonexempt material from documents, etc.,
				  containing exempt material requires more than one-quarter (1/4) hour of work,
				  then the hourly rate can be charged in addition to a mechanical reproduction
				  charge of twenty-five cents ($.25) per page for any copies desired. The charge
				  for the hours shall be based upon the hourly salary of the lowest paid employee
				  of the MCSAB qualified and available to do the job.
In the event the public record is available in computer
				  files and can be obtained through computer use, the requesting party must pay
				  the charge for computer use, including programming time and actual computer
				  time as well as any other costs incurred. This charge will be determined by the
				  MCSAB.
Mailing costs calculated at the applicable United States
				  Postal Service rates shall be charged where appropriate. The cost of mailing a
				  notice to third parties via certified mail, return receipt requested, shall be
				  charged to persons requesting the public records. Actual costs for shipment by
				  other than the United States Postal Service shall be charged to the person
				  requesting the special shipment.
When fees are appropriate as specified, the fees must be
				  paid prior to the Board's compliance with the request. Cash, money orders,
				  cashier's checks, personal and company checks will be accepted in payment for
				  fees and must be made payable to the Mississippi Charter School Authorizer
				  Board. Payment by personal or company check will be accepted subject to
				  clearance within fourteen (14) working days.
6. THIRD PARTY NOTICE:
Records furnished to the MCSAB by a third party which
				  contain trade secrets or confidential commercial or financial information shall
				  not be released until notice to the third party has been given in accordance
				  with the Mississippi Public Records Act. Such records shall be released in
				  fourteen (14) days from the third party's receipt of notice unless the third
				  party obtains a court order protecting the records as confidential or notifies
				  the MCSAB in writing of its intent to seek such order.
7. DENIALS:
Denials shall contain the specific reasons for denial.
				  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.
Miss. Code Ann.,
				  Section
				  25-61-1,
				  et seq.