reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 4 - Conflict of Interest Policy › Rule 28-301-4.1 - Policy Statement

Current through June 25, 2024
Mississippi State Port Authority Commissioners, officers and
				  employees serve in a position of public trust and shall not use their office or
				  employment for improper personal gain. The MSPA requires that each
				  Commissioner, officer and employee avoid any conflict of interest or the
				  appearance of a conflict of interest between his or her personal interests and
				  the interests of the Port when dealing with suppliers, customers, contractors,
				  and all others doing or seeking to do business with the Port.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 4 - Conflict of Interest Policy › Rule 28-301-4.2 - Definitions

Current through June 25, 2024
For purposes of this Chapter, the following definitions
				  apply:
Relative.
A "relative" includes any
				  Commissioner's, officer's or employee's spouse, mother, father, children,
				  siblings, mothers-in-law and fathers-in-law, or any other "relative" to a
				  Commissioner, officer or employee identified pursuant to Miss. Code Ann. §
									25-4-103.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 4 - Conflict of Interest Policy › Rule 28-301-4.3 - Identifying a Conflict of Interest

Current through June 25, 2024
A conflict of interest exists when a Commission's, officer's
				  or employee's duty to give undivided loyalty to MSPA is influenced, or could be
				  influenced, by personal interest. Port Commissioners and employees must ensure
				  that any outside activity or personal interest is kept separate from their
				  position at the MSPA and does not influence their business judgment on the
				  Port's behalf.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 4 - Conflict of Interest Policy › Rule 28-301-4.4 - Disclosure

Current through June 25, 2024
Any Commissioner, officer or employee shall not own, directly
				  or indirectly through a relative, a financial interest or have an association
				  that might be viewed as an interest in any business that does or seeks to do
				  business with the Port or is a competitor of the Port without fully disclosing
				  such interest to the MSPA in writing. Unless inconsistent with other law, no
				  Commissioner, officer or employee shall participate in any decision-making,
				  review, approval, selection, authorization or supervisory activity concerning
				  any contract or MSPA transaction in which he or she has a financial interest
				  without first disclosing such interests to the appropriate personnel and a
				  determination made concerning the matter. Commissioners shall disclose such
				  matters to the MSPA's General Counsel and officers and employees shall disclose
				  such matters to the Port's Executive Director. Situations which must be
				  disclosed to the MSPA would include, but are not limited to:
A. A financial interest in any organization
				which has business dealings with the Port where there is an opportunity for
				preferential treatment to be given or received;
B. A Commissioner, officer or employee or
				relative of a Commissioner, officer or employee buying, selling or leasing
				properties, facilities or equipment from or to the Port or to any entity or
				individual who is or is seeking to become a contractor, supplier, or customer
				of the Port; and
C. A Commissioner,
				officer, employee or relative of a Commissioner, officer or employee serving as
				officer, director, or consultant with an entity doing or seeking to do business
				with the Port.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 4 - Conflict of Interest Policy › Rule 28-301-4.5 - Misuse of Information

Current through June 25, 2024
No Commissioner, officer or employee shall use or release to
				  a third party any confidential information on decisions, plans, or competitive
				  bids or any confidential information concerning the Port which would be
				  prejudicial or detrimental to the interests of the Port. Much of the
				  information developed by the Port is proprietary and confidential and must be
				  protected. Such information includes, but is not limited to, trade secrets,
				  confidential technology, financial records, practices, letters, drawings,
				  personnel records and information, computer programs and databases, customer
				  information, matters discussed during Executive Sessions, requests for
				  proposals, proposed or pending real estate transactions, attorney-client
				  privileged communications, attorney work product, and any other matters not
				  subject to public disclosure.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 4 - Conflict of Interest Policy › Rule 28-301-4.6 - Gifts

Current through June 25, 2024
Commissioners, officers and employees and their relatives
				  shall not accept or solicit gifts or other special privileges with the
				  understanding that the gifts or other special privileges would influence the
				  action or judgment of the Commissioner, officer or employee in carrying out his
				  or her official duties. Although the acceptance of gifts or other special
				  privileges from those doing or seeking to do business with the Port is highly
				  discouraged, Commissioners, officers, employees, and their relatives may accept
				  non-cash gifts where the total fair market value does not exceed $100 per year
				  from any single source. Under this provision, "single source" means any person,
				  vendor or business partner, whether acting directly or through any agent or
				  other intermediary. Gifts in excess of $100 must be disclosed to and approved
				  by the Executive Director in conjunction with MSPA's legal counsel.
A. The following are gifts presumed not to
				influence a Commissioner's or employee's action or non-action on any matter and
				may be accepted without regard to the $100 limit. However, in the event that
				facts suggest that a gift could influence a business decision, then the MSPA
				may request that the gift not be offered or accepted.
1. Unsolicited flowers, plants, and floral
				arrangements;
2. Unsolicited
				advertising or promotional items of nominal value, such as pens and
				stationary;
3. Unsolicited items
				received by an employee for the purpose of evaluation or review, if the
				employee has no financial or beneficial interest in the eventual use or
				acquisition of the items by the MSPA;
4. Food or beverage consumed at hosted
				receptions where attendance is related to the Commissioner's, officer's or
				employee's official duties, including admission to, and the costs of food and
				beverages consumed at, events sponsored by or in conjunction with a civic,
				charitable, governmental, or community organization, provided that where the
				gift exceeds $100 on a single occasion, the recipient of said gift or other
				special privilege shall report it to it to the Executive Director, who may also
				act in cooperation with MSPA's legal counsel; and
5. Occasional gifts in the form of food and
				beverage in the ordinary course of meals where attendance by the Commissioner,
				officer or employee is related to the performance of official duties. Under
				this provision, "occasional" means not more than four to six times per year
				with the same person, vendor, or business partner.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 4 - Conflict of Interest Policy › Rule 28-301-4.7 - Political Activity

Current through June 25, 2024
MSPA funds shall not be used for any direct or indirect
				  political contributions. Any Commissioner, officer or employee who considers
				  running for public office or accepting an appointment to public office must
				  first disclose this to the MSPA. When a Commissioner, officer or employee
				  informs MSPA that he or she is running for public office, MSPA's Executive
				  Director or General Counsel, as appropriate, will review the matter to
				  determine if a conflict exists and if any action is necessary to avoid such
				  conflict. Regardless, such a candidate shall not solicit campaign contributions
				  from MSPA employees or vendors and shall not campaign upon the MSPA's
				  premises.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 4 - Conflict of Interest Policy › Rule 28-301-4.8 - Employment of Relatives

Current through June 25, 2024
Any person with authority to hire Port personnel shall not
				  appoint or employ a relative or next of kin of a Commissioner, officer or
				  employee unless certain exceptions apply. Certain exceptions may be made to
				  this policy on a case-by-case basis after disclosure and review by the MSPA's
				  Executive Director or General Counsel, as appropriate, if such an exception
				  serves the best interest of the Port.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 4 - Conflict of Interest Policy › Rule 28-301-4.9 - Emphasis of this Policy

Current through June 25, 2024
The emphasis of the MSPA Conflict of Interest Policy is
				  disclosure and review of potential conflicts of the MSPA in order to prevent
				  conduct which would reflect unfavorably upon the Port, the Board of
				  Commissioners, and/or its officers and/or employees.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 5 - Anti-Harassment and Workplace Violence Policy › Rule 28-301-5.1 - Policy Statement

Current through June 25, 2024
The Mississippi State Port Authority at Gulfport is committed
				  to providing a respectful, supportive and productive workplace for all
				  employees that is free of verbal, physical, and visual forms of unlawful
				  harassment and violence or the threat of violence. One of MSPA's core values is
				  treating co-workers, customers, contractors, vendors and community members with
				  respect. Consistent with that value, the Port does not tolerate unlawful
				  harassment or violence or the threat of violence in the
				  workplace.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 5 - Anti-Harassment and Workplace Violence Policy › Rule 28-301-5.2 - Scope

Current through June 25, 2024
This policy applies to all forms of unwelcomed communication
				  or conduct that is personally offensive, which debilitates morale and
				  interferes with work effectiveness. It includes, but is not necessarily limited
				  to, unwelcomed verbal or physical conduct that is derogatory toward any
				  employee because of their age, race, color, religion, national origin/ancestry,
				  disability, Family Medical Leave Act use, pregnancy, sex/gender, sexual
				  orientation, whistleblower status, marital status, military status, use of
				  workers' compensation, political beliefs, or any other category protected by
				  law. Not all disrespectful activity rises to a level of severity and
				  pervasiveness that would be considered unlawful harassment. However, MSPA
				  strives to eliminate all disrespectful conduct from the workplace. This policy
				  applies to business-related activities that take place outside of the
				  workplace, such as business-related trips, meetings and social
				  events.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 5 - Anti-Harassment and Workplace Violence Policy › Rule 28-301-5.3 - Harassment Awareness and Prevention

Current through June 25, 2024
All Commissioners, officer, employees and other personnel
				  shall take all reasonable precaution to strive to maintain a work environment
				  free of harassment, and shall immediately report known or suspected harassment
				  to the designated authorities pursuant to the MSPA Whistleblower Policy. For
				  more information, please review the provisions contained within the MSPA
				  Whistleblower Policy.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 5 - Anti-Harassment and Workplace Violence Policy › Rule 28-301-5.4 - Violence Prohibited

Current through June 25, 2024
MSPA does not tolerate any type of workplace violence
				  committed by or against its employees or personnel. Employees are prohibited
				  from making threats or engaging in violent activities. In the event of an
				  immediate, potentially dangerous situation, employees should promptly contact
				  their direct supervisor, the Office of Security, and the Director of Human
				  Resources.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 5 - Anti-Harassment and Workplace Violence Policy › Rule 28-301-5.5 - Commitment to Investigate

Current through June 25, 2024
MSPA will promptly and thoroughly investigate all claims of
				  harassment and/or violence. Complaints will be handled with sensitivity,
				  discretion and confidentially to the extent allowed by the circumstances and
				  the law. In the event prompt remedial action is necessary, MSPA will act in
				  accordance with the terms of this policy and those provided by
				  law.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.1 - General Purpose

Current through June 25, 2024
The Port Authority is committed to conducting its business
				  and affairs honestly and in accordance with federal, state and local laws and
				  regulations and the Port Authority's internal policies. As such, the Port
				  Authority strives to prevent, detect and swiftly correct any violations of law
				  or policy, whether arising from inadvertence, mistake, lack of information or
				  deliberate misconduct.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.2 - Disclosure

Current through June 25, 2024
To give effect to its commitment, this policy is designed to
				  protect any Port Authority employee who makes a good faith disclosure of
				  potential misconduct to either a designated Port Authority official or public
				  official as described herein below. More specifically this policy:
A. Encourages employees to disclose wrongful
				conduct engaged in by others to the appropriate official, so that prompt,
				corrective steps can be taken by the Port Authority;
B. Provides employees with information on how
				allegations of potential misconduct can be disclosed;
C. Protects employees from reprisal by
				adverse employment action or retaliation as a result of any employee's having
				made a good faith disclosure of potential misconduct;
D. Provides employees who believe they have
				been subject to any adverse employment action or retaliation as a result of a
				good faith disclosure of potential misconduct with a prompt, fair process to
				seek relief; and, further
E.
				Provides a fair process and protection to any Port Authority employee who is
				the subject of a report during any resultant investigation.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.3 - Supplement Existing Law

Current through June 25, 2024
This policy is intended to supplement Sections
				  25-9-171
				  through
				  25-9-177
				  of the Mississippi Code of 1972 (dealing with reports of improper governmental
				  action), and Section 1553 of the American Recovery and Reinvestment Act of 2009
				  ("ARRA") (dealing with whistleblowing regarding ARRA funding and whistleblower
				  protections).
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.4 - Corrective Action

Current through June 25, 2024
It is the intention of the Port Authority to take whatever
				  action may be necessary to prevent and correct any activities that violate this
				  policy.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.5 - Reporting Potential Misconduct (General)

Current through June 25, 2024
It is important for employees to report good faith concerns
				  using the proper channels in order to ensure entitlement to the protections
				  available under State and Federal law. Port Authority employees, contractors
				  and agents are expected to report good faith concerns about:
A. possible violations of any policy, law,
				rule or regulation related to Port Authority activities; and
B. the misuse of Port Authority property,
				resources or authority for personal gain or non-business related purpose.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.6 - Reporting Hotline

Current through June 25, 2024
Employees can address any such concerns to The Network, Inc.
				  at 1-877-452-3671.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.7 - Additional Reporting Methods

Current through June 25, 2024
In addition to the methods outlined above, reports of
				  wrongful conduct under the above paragraph can also be made under State law to
				  the Mississippi Attorney General, State Auditor, Ethics Commission, Joint
				  Legislative Committee on Performance Evaluation and Expenditure Review or any
				  other standing committee of the legislature, or any district attorney of the
				  State of Mississippi.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.8 - Reporting Misuse/Abuse of TIGER/ARRA Funding

Current through June 25, 2024
A. Notwithstanding
				the above paragraphs, in the event that an employee has a good faith belief
				that, in relation to TIGER or other ARRA funding, there has been:
1. gross mismanagement of an agency contract
				or grant relating to TIGER/ARRA funds;
2. a gross waste of TIGER/ARRA
				funds;
3. a substantial and
				specific danger to public health or safety related to the implementation or use
				of TIGER/ARRA funds;
4. an abuse of
				authority related to the implementation or use of TIGER/ARRA funds;
				or
5. a violation of law, rule, or
				regulation related to an agency contract or grant awarded or issued relating to
				TIGER/ARRA funds, such employee should address his or her concerns to The
				Network, Inc. at 1-877-452-3671.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.9 - Additional Information

Current through June 25, 2024
Additional information regarding whistleblower protection
				  related to ARRA funding may be found at
http://www.recovery.gov
.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.10 - Retaliation Prohibited

Current through June 25, 2024
Any retaliation, harassment or adverse employment
				  consequences, of any kind, against employees for making good faith reports of
				  suspected violations is strictly prohibited. All employees making good faith
				  reports of suspected misconduct should feel safe and protected from
				  retaliation. Retaliation includes, but is not necessarily limited to, reprisal
				  in performance reviews or promotion decisions, discharge, reassignment,
				  demotion, suspension, harassment or other discrimination.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.11 - Scope of Protection from Retaliation

Current through June 25, 2024
Employees need not know the details of a law, rule,
				  regulation or policy or be certain about a violation in order to receive the
				  protection of this policy. Rather, an employee need only have reasonable
				  grounds to believe that a violation has occurred. If an employee is unsure as
				  to whether reasonable grounds exist, it is the Port Authority's policy that the
				  most appropriate course of action is for the employee to report the concern.
				  Employees are entitled to the full protection of this policy unless a
				  disclosure is proven to have been both unsubstantiated and made with malice or
				  knowledge of its falsity.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.12 - Response to Retaliatory Action

Current through June 25, 2024
The Port Authority will provide all necessary and appropriate
				  support to reporting employees to ensure that they are treated fairly and are
				  protected against retaliation. Further, the Port Authority will promptly
				  respond to concerns of retaliation or unfair treatment linked to an employee's
				  reporting of suspected misconduct. Any employee who retaliates against an
				  individual who makes a disclosure protected under this policy is subject to
				  immediate discipline, up to and including termination.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.13 - Confidentiality

Current through June 25, 2024
Employees may make disclosures on a confidential basis either
				  in person or by telephone through the Port Authority's dedicated reporting line
				  1-877-452-3671. Any such disclosures will be maintained as confidential to the
				  extent possible, consistent with the need to conduct an adequate investigation,
				  and in accordance with Mississippi and Federal laws.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.14 - Protection for Subjects of an Employee Report

Current through June 25, 2024
Individuals who are subjects of a report will be treated
				  fairly, respectfully, and consistent with all protections set out in Port
				  Authority policy or applicable law.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.15 - Post-Report Procedures

Current through June 25, 2024
Any Port Authority employee with supervisory authority who
				  receives a report of a concern regarding a potential violation of law or policy
				  should promptly refer the matter to the most appropriate office or individual.
				  Reports will be promptly investigated within five (5) calendar days, provided
				  however, that reports involving TIGER/ARRA funding will be investigated within
				  twenty-four (24) hours and appropriate corrective action will be taken if
				  warranted by the investigation.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 6 - Whistleblower Policy › Rule 28-301-6.16 - Good Faith Employment Decisions

Current through June 25, 2024
This revised whistleblower policy shall not in any way
				  prohibit or interfere with good faith, legitimate employment decisions related
				  to any employee.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 7 - MSPA Standard Employment Procedures › Rule 28-301-7.1 - Purpose

Current through June 25, 2024
The purpose of this instruction is to establish the procedure
				  to be used when announcing position openings, selection method in seeking the
				  most qualified applicants and after selection how they are processed for
				  employment.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 7 - MSPA Standard Employment Procedures › Rule 28-301-7.2 - Scope

Current through June 25, 2024
This instruction defines the process, assigns
				  responsibilities and delineates specific guidelines to be followed in the
				  hiring of new employees. The procedures of this Chapter have been amended and
				  are contained within Part 305 - the "MSPA Personnel Guidelines, Policies, and
				  Procedures" and Part 309 - the "MSPA Port Restoration Section 3
				  Plan".
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 8 - Equal Employment Policy › Rule 28-301-8.1 - Policy Statement

Current through June 25, 2024
The Mississippi State Port Authority at Gulfport is an equal
				  opportunity employer throughout the job application and hiring process. MSPA
				  embraces and in fact relies on having a diverse workforce. Every employee has
				  the right to work in surroundings that are free from all forms of unlawful
				  employment discrimination. MSPA will not engage in or tolerate any
				  discrimination in the workplace prohibited by local, state or federal law.
				  Specifically, no employee will be discriminated against on the basis of his or
				  her age, race, color, national origin/ancestry, religion, disability, Family
				  Medical Leave Act use, pregnancy, sex/gender, sexual orientation, whistleblower
				  status, marital status, military status, use of workers' compensation,
				  political beliefs, or any other category protected by applicable federal, state
				  or local law.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 8 - Equal Employment Policy › Rule 28-301-8.2 - Reasonable Accommodations of Disability and Religion

Current through June 25, 2024
MSPA recognizes that employees and other personnel with
				  physical or mental disabilities may need reasonable accommodations to enable
				  them to perform their essential job functions. The need for such accommodations
				  is made on a case-by-case basis. Generally, the Port and the employee will work
				  together in an interactive process to identify and provide possible
				  accommodations. The employee has an obligation to cooperate with the Port in
				  this process, which may include authorizing the Port to communicate with the
				  employee's health care providers concerning the employee's condition, its
				  impact on the employee's ability to perform necessary job-related functions,
				  and possible reasonable accommodations. MSPA also will generally offer
				  reasonable accommodations for an employee's sincerely held religious belief
				  that conflicts with a workplace rule, unless doing so would create an undue
				  hardship on MSPA. Employees or other personnel who wish to request reasonable
				  accommodation of a disability or religious belief should contact the Director
				  of Human Resources at (228) 865-4300. MSPA will evaluate each request
				  consistent with those standards provided by law.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9
				  and
				  59-5-21
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.1 - General Purpose

Current through June 25, 2024
It is the intent of the Mississippi State Port Authority to
				  adopt a procedure for public access to public records pursuant to Mississippi
				  Code Annotated, Section
				  25-61-1,
et seq.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.2 - Definitions

Current through June 25, 2024
For purposes of this procedure, the following definitions
				  apply:
A.
Public Records
.
				"Public Records" shall have the same meaning as that term is defined in
				Mississippi Code Annotated §
									25-61-3,
				as the same may be amended, but the definition shall not include any documents
				or records specifically declared confidential or privileged or exempted from
				public access by law or by a decision of a court of this State or the United
				States.
B.
Protected
				Documents
. "Protected Documents" shall mean records furnished to the
				Port by third parties which contain trade secrets or confidential commercial or
				financial information.
C.
Port
. "Port" shall mean the Mississippi State Port Authority at
				Gulfport.
D.
Data Processing
				Software
. "Data Processing Software" shall have the same meaning as that
				term is defined in the Mississippi Code Annotated §
									25-61-3,
				as the same may be amended, but the definition shall not include any programs
				or routines used to employ and control the capabilities of data processing
				hardware specifically declared confidential or privileged or exempted from
				public access by law or by a decision of a court of this State or the United
				States.
E.
Request
.
				"Request" shall mean a written request to inspect, copy, or obtain
				reproductions of Public Records, which describes the Public Record in
				sufficient detail to allow the Port to identify the documents requested. A
				request shall be considered made when it is actually received by the Port.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.3 - Prompt Review of Request

Current through June 25, 2024
The Port shall promptly review each
				  Request.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.4 - Adequate Description of Request

Current through June 25, 2024
If the Request does not adequately describe the Public
				  Record(s) being sought or is otherwise ambiguous, written notice to that effect
				  shall be given by the Port Authority to the requesting party. If sufficient
				  clarification regarding the Request is not timely received, the Port will
				  employ its best judgment to determine what Public Records are being
				  requested.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.5 - Production of Request

Current through June 25, 2024
The Port shall produce or deny the requested Public Records
				  no later than seven (7) working days from the date of receipt of Request. If
				  the Port is unable to produce the requested Public Records by the seventh
				  working day after the Request is made, the Port shall provide to the requesting
				  party a written explanation stating that the record will be produced and
				  specifying with particularity why the Request cannot be produced within the
				  seven-day period. In no event shall the Port's production to a Request be later
				  than fourteen (14) working days from receipt of the original Request by the
				  Port unless there is a mutual agreement between the Port and the requesting
				  party to allow for a longer time period.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.6 - Exempt Records

Current through June 25, 2024
If the Request seeks documents which are exempt from
				  disclosure pursuant to Mississippi Code Annotated §§
									25-61-9,
				  25-61-11,
				  25-61-12
				  or otherwise, the Port shall promptly notify the requesting party in writing
				  that the exempt documents shall not be produced and shall state the specific
				  reasons for the denial. If the Public Records subject to a Request contain both
				  exempt and nonexempt material, the Port shall redact all exempt portions of the
				  Public Records and make the nonexempt portions available for inspection or
				  copying, as appropriate. The Port shall maintain a file of all denials of
				  requests for public records and preserve such denials for three (3) years from
				  the date of each denial, which shall be available for inspection and copying
				  upon written request.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.7 - Data Processing Software

Current through June 25, 2024
If the Request seeks Data Processing Software obtained by the
				  Port under a licensing agreement that prohibits its disclosure and said
				  software is a trade secret or Data Processing Software produced by the Port
				  which is deemed sensitive, as defined under Mississippi Code Annotated §
									25-61-9(6),
				  the Port shall promptly notify the requesting party in writing that the exempt
				  Data Processing Software shall not be produced and shall state the specific
				  reasons for the denial. If requested, the Port shall produce any nonexempt
				  records created by said Data Processing Software and any other nonexempt data
				  relied upon in compiling said records.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.8 - Third-Party Notification of Request

Current through June 25, 2024
If the Request seeks Protected Documents furnished to the
				  Port by a third party, the Port shall notify in writing the requesting party
				  and the third party who furnished the Protected Documents that such documents
				  will be produced to the requesting party if within a reasonable time of receipt
				  of said Request the third party shall not have obtained a court order
				  protecting such records as confidential. The Port shall therefore produce the
				  documents or comply with the court order, as appropriate.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.9 - Time, Place, and Fees Related to Production of Request

Current through June 25, 2024
Whenever documents are to be produced, the Port shall notify
				  the requesting party of the time, place, estimated fees or charges, and method
				  access.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.10 - Fees or Charges of Request

Current through June 25, 2024
The fees or charges shall be the amount reasonably calculated
				  to reimburse the Port for its actual costs of searching, reviewing,
				  duplicating, and mailing, if applicable, the Public Records requested. The cost
				  for searching and reviewing records which may be subject to the Request, shall
				  be based on the actual time expended at the rate of twenty dollars ($20.00) per
				  hour per person performing such work Copies shall be made at the cost of
				  twenty-five cents ($0.25) per page for documents smaller than 11 by 17 inches.
				  The cost of copying documents larger than 11 by 17 inches shall be at the
				  actual reproduction costs plus the actual time of Port personnel to secure such
				  copies. The estimated amount of all such costs shall be paid in advance of the
				  Port's complying with the Request. If the actual costs differ from the
				  estimate, any overpayment shall be refunded to or any additional costs paid by
				  the requesting party. The Port may require an additional advance deposit
				  calculated to cover the reasonable cost of searching and reviewing documents
				  where such a search and review will require more than one hour. The Port shall
				  have no duty to fulfill the Request until satisfactory fees and charges are
				  received.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 9 - Public Access to Public Documents › Rule 28-301-9.11 - Custody of Public Records

Current through June 25, 2024
No Public Records of the Port shall be permitted to leave the
				  custody and control of the Port or its authorized employees or
				  agents.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21
				  and
				  25-61-1,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 10 - Rule-Making Policy › Rule 28-301-10.1 - Policy Statement

Current through June 25, 2024
The powers of the Port Authority as set forth in Section
				  59-1-9
				  and Section
				  59-5-21
				  of the Mississippi Code of 1972 include the power to make and publish all
				  needful rules and regulations to govern the harbor, docks and passes within its
				  jurisdiction. In addition, the Port Authority is empowered to act as port
				  wardens and pilot commissioners, and to perform any and all duties pertaining
				  to such within its jurisdiction, and to fix and prescribe tariffs, fees, fines,
				  penalties and forfeitures for the violations of the rules and regulations of
				  said Port Authority. In conjunction with the exercise of certain rule-making
				  authority, the MSPA must comply with the statutory requirements as set forth in
				  the Mississippi Administrative Procedures Act in Section
				  25-43-1.101,
et seq.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-43-1.101,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 10 - Rule-Making Policy › Rule 28-301-10.2 - Definitions

Current through June 25, 2024
For purposes of this procedure, the following definitions
				  apply:
A.
Rule
. "Rule"
				shall have the same meaning as that term is defined in Mississippi Code
				Annotated §
									25-43-1.102(i),
				as the same may be amended from time to time.
B.
Rule-making
. "Rule-making"
				shall have the same meaning as that term is defined in Mississippi Code
				Annotated § 25-43-10102(j), as the same may be amended from time to
				time.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-43-1.101,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 10 - Rule-Making Policy › Rule 28-301-10.3 - Rule-making Procedure

Current through June 25, 2024
The MSPA may within its discretion solicit advice or opinion
				  on a proposed Rule pursuant to the provisions of Section
				  25-43-3.101
				  of the Mississippi Code Annotated. In addition to the above mentioned statute,
				  the MSPA may within its discretion encourage public participation pursuant to
				  Section
				  25-43-3.104
				  of the Mississippi Code Annotated, as the same may be amended from time to
				  time.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-43-1.101,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 10 - Rule-Making Policy › Rule 28-301-10.4 - Notice of Proposed Rule Adoption

Current through June 25, 2024
Upon making a determination to adopt a Rule, the MSPA shall
				  provide notice of said proposed Rule pursuant to Section
				  25-43-3.103
				  of the Mississippi Code Annotated, as the same may be amended from time to
				  time.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-43-1.101,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 10 - Rule-Making Policy › Rule 28-301-10.5 - Adoption of Final Rule

Current through June 25, 2024
After properly submitting proposed Rules pursuant to Section
				  25-43-3.103
				  of the Mississippi Code Annotated, the MSPA shall adopt final Rules consistent
				  with the requirements set forth in Sections
				  25-43-3.106,
et seq.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-43-1.101,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 10 - Rule-Making Policy › Rule 28-301-10.6 - Maintaining a Rule-making Record

Current through June 25, 2024
The MSPA shall maintain a Rule-making record pursuant to
				  Section
				  25-43-3.110
				  of the Mississippi Code Annotated, as the same may be amended from time to
				  time.
Miss. Code §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-43-1.101,
				  et seq.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 301 - Operations and Procedures Manual of the Mississippi State Port Authority at Gulfport › Chapter 11 - Open Meetings Requirement › Rule 28-301-11.1 - General Purpose

Current through June 25, 2024
It is the intent of the Mississippi State Port Authority at
				  Gulfport to adopt a procedure to conduct meetings in an open and public manner,
				  and that citizens be advised of and be aware of the decisions and deliberations
				  involving the determination of public policy and public business pursuant to
				  Mississippi Code Annotated, Section
				  25-41-1,
et seq.
Mississippi Code
				  §§
										59-1-1,
				  59-1-9,
				  59-5-21,
				  and
				  25-41-1,
				  et seq.