Being called to be a public official — elected or appointed — is a great sacrifice on a regular basis, whether it is daily, weekly or monthly.
Many of the officials receive little or no salary and are often drawn to office by a desire to serve their community.
There are many sacrifices involved in serving the public, but it’s always rewarding to receive the approval of the public.
But little do many public officials realize, they are doing the community they serve a disservice.
Many officials don’t understand their obligations under Mississippi’s Public Records Act and Open Meetings Act, also known as “sunshine laws,” therefore, the community isn’t informed as well as they could be.
In fairness, many of these officials don’t have the time, especially if they are part-time, to learn all of the components of the public’s right to government meetings and access records.
The media isn’t different than any average Joe seeking access to records. In fact, the media is made up of several average Joes and Janes, in search of the right answers for their readers or listeners. The media acts as an information center of sorts for those citizens that can’t or won’t ask the questions they so eagerly want to ask.
By attending meetings of the Grenada City Council, Grenada County Board of Supervisors, Grenada School District and other various “open” meetings, The Star is able to provide that information for the public and deliver it to their mailbox each week and report it online on our website after the meetings.
It’s not uncommon for mayors, council members and board members across the country to attempt to withhold requested information or “pull the wool” over the media’s eyes or lens. Being perceived as nosy by just trying to serve the community as they do isn’t it at all. When information is not provided, the officials then learn of the laws of the land and are forced to fork it over.
Mississippi first adopted an open meetings law in 1975. As originally enacted, the law permitted closed meetings for any reason so long as certain procedures were followed. In 1981, the legislature strengthened the law by limiting executive sessions to matters falling within one of 11 statutory exemptions. In 1990, the legislature changed the definition of “personnel matter” and added new notice requirements. The exemptions are in some respects similar to exemptions adopted previously in Louisiana. There is no official legislative history of either the 1975, 1981 or 1990 bills. All that is available is the record of votes and proposed amendments in the session laws.
As a member of the press, it is a responsibility to inform the public and public officials the obligations of the government when it comes to open records and open meetings.
“Public Record” is defined by the Attorney General’s office as all books, records, papers, accounts, letters, maps, photographs, films, recordings or reproductions thereof, and any other documentary materials, of physical form or characteristics, having been used, being in use or possessed or retained for use in the conduct, transaction or performance business transaction, work, duty or function of any public body or required maintained by any public body.
Furthermore, the AG’s office defines “Public Body” as any department, bureau, division, council, commission, committee, board, agency and any other entity of the state or a political subdivision any municipal corporation and any other entity created by the Constitution executive order, ordinance or resolution. (“Entity” does not include appointed or elected public officials.)
Below are the general rules of Mississippi’s “sunshine law:”
• Mississippi Code of 1972, Section 25-61-5: Public access to records; form and retention of denials, gives public right to inspect, copy or obtain a copy of any public record of a public body.
• Public body may adopt reasonable written procedures as to actual cost and time frame (up to 14 working days) for providing such records or copies, place of inspection, and method of access (form of requests, copies or inspection).
• Any fees established may be collected prior to providing the records.
• Public body may require requests to be in writing.
• Denials must be in writing and specify reason. Denial letters must be retained for three years.
• Public body not required to “create” a record that doesn’t exist, compile data found in different records, or analyze or make conclusions regarding records.
• Some records which may be exempt include personnel files, medical records, attorney work product/communications, certain law enforcement records, trade secrets, etc. (Most of these issues are discussed behind closed doors in executive session.)
The AG’s office goes on to define “Meeting” as a gathering of members of a public body at which official acts may be taken upon a matter over which the public body has supervision, control, jurisdiction or advisory power; “official acts” includes discussion. “Public Body” is defined broadly to include executive or administrative boards, commissions, authorities, councils, departments, agencies, or bureaus of the State of Mississippi, and committees thereof.
With National Newspaper Week under way, it is crucial that readers know their rights. It’s our job to hold our elected officials accountable and keep our readers and the residents of Grenada County informed.
The Star will keep shining its light.
Adam Prestridge is publisher of The Grenada Star. He can be reached at (662) 226-4321 or by email at aprestridge@grenadastar.com
