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The City of Moss Point ( hereinafter the "City") adopts the following policy, pursuant to the Mississippi Public Records Act of 1983, hereinafter the "Act."
All " public records" maintained by the City, as defined by the Act, shall be made available for access and/ or duplication, subject to the exceptions and requirements of these policies, and other State or Federal laws.
Request for access to public records shall be filed, in writing, with the Mayor and City Clerk. The request must state with sufficient specificity the nature, location, and description of the public records sought in order to enable the appropriate official(s) of the City to locate and obtain the records for review and/or duplication. In the event that the request lacks sufficient clarity or is unduly burdensome, it will be returned to the originator for clarification, correction, and revision. All requests to inspect or duplicate public records must be filed during working hours on any working day in the office of the Mayor and City Clerk. Requests for inspections and/ or duplication of records shall be honored at such time during the day as the documents are not being used by the appropriate officials of the City. After the records are located and made available for inspection and/ or duplication, the originator of the request will be notified of a time, place, and date, not later than seven(7) days from the date of the receipt of the request, to allow inspection and/or duplication, or at such later date and time as requested and agreed. Accessibility to records is restricted to existing records at the time of the request, without any continuing or future obligations.
Requests for information available and on-hand for general distribution shall be made available at no charge.
Requests for public records that require searching, reviewing and/or duplicating, a charge shall be assessed.
All applicable charges shall be paid to the City in advance of complying with any requests, pursuant to the following schedules:
1. Records furnished to public bodies by third parties which contain trade secrets or confidential, commercials, or financial information, as provided by the Act.
2. Records which are confidential or privileged, as provided by constitution, statutory, or case law of this State or of the United States.
3. Personnel records, including but not limited to applications for employment, test questions and answers used in employment examination, and the letters of recommendation.
4. Records which represent and constitute the work product of an attorney representing the City, records which are related to litigation by or against the City, or in anticipation of prospective litigation, and communications between the City and the attorney in the course of an attorney-client relationship.
5. Records which would disclose information about a person's individual tax payment or status.
6. Records concerning the sale or purchase of property for public purposes prior to the announcement of the purchase or sale where the release of the records would have a detrimental effect on the sale or purchase.
7. Records that are maintained regarding the detection and investigation of unlawful activity or police business, in addition to such records as defined in Section 45-29-1 and Section 45-29-3 of the Mississippi Code of 1972.
8. Commercial and financial information of a proprietary nature required to be submitted to the City.
9. Documents, records and information which are set out as exempt from open meetings in sub- paragraph( 4) of Section 25-41-7, Mississippi Code of 1972, as Amended.
10. Records which are developed among judges, judges and their aides, and juries.
In the event that the City denies a request for access to, or copies of public records, the denial will be in writing and contain a statement of the reasons for the denial. The City will maintain a record of all denials for a period of three(3) years.
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