How to File a Public Records Request in Mississippi
The Mississippi Public Records Act of 1983 (Miss. Code Ann. §§ 25-61-1 through 25-61-19) establishes the right of any person — regardless of residency, age, or citizenship — to inspect, copy, or mechanically reproduce any public record held by a governmental body. The law covers all public bodies created by constitution, statute, executive order, ordinance, or resolution. If a public body has adopted written procedures, it may take up to seven working days to respond to a request; without such procedures, the default is one working day. Agencies may charge actual costs for duplication and staff time. The Mississippi Ethics Commission enforces the Act, accepts complaints, holds hearings, and can issue orders and penalties. The burden to justify withholding falls on the public body.
The Mississippi Public Records Act of 1983
- Statutory Citation
- Mississippi Code Annotated §§ 25-61-1 through 25-61-19
- Response Deadline
- 7 working days
- Fee Provisions
- Public bodies may charge fees that do not exceed the actual cost of finding and producing records, including labor and duplication expenses. The Mississippi Ethics Commission recommends a maximum of $0.15 per page for photocopies. The City of Oxford charges $0.15 per page and the higher of $7.25/hour or the hourly rate of the lowest-paid person qualified to fulfill the request. Fees must be collected in advance under Miss. Code Ann. § 25-61-7. There is no statutory fee waiver provision, though agencies have discretion not to impose fees.
- Key Exemptions
- Key exemptions under Miss. Code Ann. §§ 25-61-9 and 25-61-11 include: personnel records (§ 25-1-100), attorney work product concerning litigation (§ 25-1-102), law enforcement investigative reports, individual tax records, appraisal records related to public property purchases, academic examination questions, hospital records, judicial and jury records, records furnished by third parties containing trade secrets or confidential commercial or financial information, and personal information of law enforcement officers, judges, and district attorneys.
- Appeal Process
- A requester denied access may file a written complaint with the Mississippi Ethics Commission under Miss. Code Ann. § 25-61-13. The public body has 14 days to respond; the Commission may then dismiss the complaint or set a hearing, and can order production of records and impose penalties. Separately, a requester may petition chancery court in the county where the public body is located to compel access — no administrative exhaustion is required. Under Miss. Code Ann. § 25-61-15, officials who wrongfully deny access may be liable personally for up to $100 per violation plus all reasonable expenses, including attorneys' fees.
- Ombudsman
- Mississippi does not have a dedicated public records ombudsman. Instead, the Mississippi Ethics Commission serves as the enforcement body for the Public Records Act, accepting complaints, conducting hearings, and issuing orders under Miss. Code Ann. § 25-61-13. Contact the Commission at www.ethics.ms.gov.
Read the full text of the Mississippi Public Records Act of 1983
City FOIA Guides in Mississippi
Select a city below for a detailed guide on how to file a public records request with that municipality.
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