Mississippi Administrative Code › Title 5 - Banking and Consumer Finance › Part 4 - Organizational Rules › Chapter 4 - Public Records Act Request Regulations › Rule 5-4-4-4.2 - Definitions

Current through June 25, 2024
The following terms have been defined for purposes of this
				  policy.
Public Record
: A public record shall mean
				  any book, record, paper, account, letter, map, photograph, film, card, tape,
				  recording or reproduction thereof, and any other documentary material,
				  regardless of physical form or characteristic, 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 the DBCF, or
				  required to be maintained by the DBCF.
Non-exempt Record
: A non-exempt record is
				  that part of a public record which does not fall under one of the exceptions to
				  or exemptions from disclosure in the Public Records Act.
Identifiable Record
: A record is
				  identifiable if a reasonably specific description of the record has been given,
				  such as the date of the record, the subject matter, division or person
				  involved, etc. which will permit location or retrieval of the record.
Working Day
: A working day is any day other
				  than a weekend, state holiday, or other day on which the DBCF is authorized to
				  be closed or all the employees of the office are authorized to be
				  absent.
Incident Report
means a narrative
				  description, if such narrative description exists and if such narrative
				  description does not contain investigative information, of an alleged offense,
				  and at a minimum shall include the name and identification of each person
				  charged with and arrested for the alleged offense, the time, date and location
				  of the alleged offense, and the property involved, to the extent this
				  information is known.
Investigative Report
means records of a law
				  enforcement agency containing information beyond the scope of the matters
				  contained in an incident report, and generally will include, but not be limited
				  to, the following matters if beyond the scope of the matters contained in an
				  incident report:
(i) Records that are compiled in the process of detecting and
				  investigating any unlawful activity or alleged unlawful activity, the
				  disclosure of which would harm the investigation which may include crime scene
				  reports and demonstrative evidence;
(ii) Records that would reveal the identity of informants
				  and/or witnesses;
(iii) Records that would prematurely release information that
				  would impede the public body's enforcement, investigative or detection
				  efforts;
(iv) Records that would disclose investigatory techniques
				  and/or results of investigative techniques;
(v) Records that would deprive a person of a right to a fair
				  trial or an impartial adjudication;
(vi) Records that would endanger the life or safety of a
				  public official or law enforcement personnel, or confidential informants or
				  witnesses;
(vii) Records pertaining to quality control or PEER review
				  activities; or
(viii) Records that would impede or jeopardize a prosecutor's
				  ability to prosecute the alleged offense.
Miss. Code Ann. §
				  26-61-3.