Section 27-110-1.2 - PUBLIC RECORDS ACT REQUESTSMSPB complies with requests for information under the Mississippi Public Records Act of 1983, Mississippi Code Annotated §§ 25-61-1et seq., according to the following policies:
A. Requests for information under the Mississippi Public Records Act of 1983 should be marked "Request for Public Records" and must be submitted in writing by U.S. mail or hand delivery to the MSPB Executive Director, Mississippi State Personnel Board, 210 East Capitol Street, Suite 800, Jackson, MS 39201; submitted via e-mail to MSPB.Communications@mspb.ms.gov; or transmitted by facsimile to (601) 488-2903.B. Requests should describe in reasonable detail the records sought, and, if possible, should include a description of the type of records, names, dates, dates of birth, social security numbers, job class and county, title of a publication, and other information which may aid in locating records.C. Upon receipt of a request, the MSPB Executive Director shall determine whether the records sought are exempt from production under the Mississippi Public Records Act, and shall either produce or deny production of the records sought within seven (7) working days of the receipt of the request. If the MSPB Executive Director is unable to produce a public record by the seventh working day after the request is made, the MSPB Executive Director shall provide a written explanation to the person making the request. The explanation shall state that the records requested will be produced and will explain with specificity why the records cannot be produced within the seven-day period. The timeline for production may be extended beyond the seven (7) working days upon mutual agreement of the parties. Unless there is mutual agreement of the parties to extend the timeline, the MSPB Executive Director shall produce the requested records within fourteen (14) working days from the receipt of the original request.
D. If the MSPB Executive Director determines that the records requested are exempt or privileged under the law, he or she shall deny the request and shall send the person making the request a statement of specific reasons for the denial. Such denials shall be kept on file for inspection by any person for three years. Information gained from third parties containing trade secrets or confidential commercial or financial information will not be released until a reasonable time after notice has been sent to the third parties, unless the material is protected by a court order.
Where possible, non-exempt material will be separated from exempt material and only the exempt material will be withheld.
E. The request for information should be accompanied by sufficient funds, payable by cashier's check or money order to the Mississippi State Personnel Board, to defray the actual costs of searching, reviewing, copying and, if applicable, mailing the records. Fees charged for the records will not exceed the actual costs, and any overpayment will be refunded. Fees shall be collected prior to compliance with the request. The fees charged will be according to the following schedule: Employee time............. | Salary rate plus 17 percent for fringe |
Photocopies............... | $0.13 per page |
Automated records search.... | $90.00 setup charge, plus computer time and paper cost (Programming time in excess of one hour will be charged at $40.00 per hour) |
Data acquisition........... | Actual cost |
Other printed materials...... | Actual cost |
Mailing................... | Actual cost |
The MSPB Executive Director or designee shall promptly notify the person making the request of the estimated fees if the estimate exceeds the funds accompanying the request. The above schedule of fees will apply even if the search is unproductive.
27 Miss. Code. R. 110-1.2