How to File a Public Records Request in D'Iberville, Mississippi

What Is the Mississippi Public Records Act of 1983?

The Mississippi Public Records Act of 1983 is codified at Miss. Code Ann. §§ 25-61-1 through 25-61-17. It declares all public records to be public property and grants any person — regardless of residency, citizenship, or stated purpose — the right to inspect, copy, or mechanically reproduce records held by any public body in the state.

Under the Act, a 'public record' is broadly defined as any book, record, paper, account, letter, map, photograph, film, tape, recording, or other documentary material regardless of physical form, used or prepared in the conduct of any government business. For the City of D'Iberville, this includes items such as building permits, city council meeting minutes, contracts, vendor agreements, budget documents, code enforcement records, and official correspondence — including emails sent or received on government accounts.

The Act's key exemptions include personnel files (Miss. Code Ann. § 25-1-100), attorney work product relating to litigation, individual tax records, appraisal information for public property purchases, and trade secrets or confidential commercial information. Law enforcement investigative materials and private contact information for officers and judges are also protected. Where a record contains both exempt and non-exempt material, the agency must redact the exempt portions and release the rest. The burden of justifying withholding rests squarely on the public body, not the requester.

Read the full text of the Mississippi Public Records Act of 1983 (Mississippi Code Annotated §§ 25-61-1 through 25-61-19)

How to File a Public Records Request with the City of D'Iberville

How to Submit Your Request

The City of D'Iberville does not require a special form to request public records — a written request submitted by email, mail, fax, or in person at City Hall is sufficient under the Mississippi Public Records Act. The most efficient method is to email the City Clerk's Office directly at mwilliams@diberville.ms.us, clearly describing the records you seek. You may also mail or hand-deliver your request to City Hall at 10383 Automall Parkway, D'Iberville, MS 39540, or fax it to (228) 392-8527. If visiting in person, the Clerk's Office is open Monday through Friday, 8:00 AM to 5:00 PM. Submit all requests in writing and keep a copy for your records. If you submit by email, request a read receipt or confirmation of receipt to establish the date your request was received — this matters for tracking the statutory response deadline.

What to Include in Your Request

• Your full name and return contact information (mailing address, email, or phone number)
• A clear, specific description of the records you are requesting, including relevant dates, names, addresses, or document types
• A citation to the Mississippi Public Records Act (Miss. Code Ann. § 25-61-1 et seq.) to establish the legal basis for your request
• Your preferred format for delivery (electronic copy by email, paper copies, or in-person inspection)
• A fee threshold statement (e.g., 'Please notify me before incurring costs exceeding $25')
• A request for a copy of the city's public records policy, if not already provided
• The date of your request (to help track the statutory response window)

Response Deadlines and What to Expect

Under Miss. Code Ann. § 25-61-5, the statutory response timeline depends on whether the City of D'Iberville has adopted written public records procedures. If the city has adopted such procedures, those procedures must provide for a response within seven (7) working days of receiving a written request. If no written procedures have been adopted, the city must make records available within one (1) working day.

A 'response' does not necessarily mean the records will be in your hands within seven days. The agency may acknowledge your request and provide a written explanation if it cannot produce the records within the initial period — but unless the parties mutually agree otherwise, production must occur no later than fourteen (14) working days from the date of receipt. If production is delayed, the agency must explain with particularity why the records cannot be timely produced.

If the city anticipates charges, it must provide you with a cost estimate before incurring expenses. Under Miss. Code Ann. § 25-61-7, fees may not exceed the actual cost of searching, reviewing, redacting, duplicating, and mailing records. The Mississippi Ethics Commission recommends a maximum of $0.15 per page for photocopies. Agencies may also charge for staff time spent processing the request. Prepayment of estimated costs may be required before records are produced. There is no statutory fee waiver, but public bodies have discretion to reduce or waive fees.

What to Do If Your Request Is Denied or Delayed

If the City of D'Iberville denies your public records request, the denial must be in writing and must identify the specific statutory exemption relied upon, per Miss. Code Ann. § 25-61-5(3). A blanket refusal without explanation does not comply with the Act. The city is also required to maintain a file of all denials for at least three years, and that file is itself subject to inspection.

Common reasons for denial include claims that records fall under personnel file exemptions (Miss. Code Ann. § 25-1-100), attorney-client privilege or work product, active law enforcement investigations, or trade secret protections. Not every denial is legitimate. If the stated exemption doesn't clearly apply to the records you requested, push back.

If your request receives no response within the statutory period, or if you receive a denial you believe is improper, you have several avenues for relief. You are not required to exhaust administrative remedies before going to court — under Miss. Code Ann. § 25-61-13, a requester may file directly in chancery court without first going through the Ethics Commission. However, the Ethics Commission process is often faster and less expensive than litigation, and it's worth pursuing first in most cases.

Note that civil liability for a willful violation is capped at $100 per violation plus reasonable expenses under Miss. Code Ann. § 25-61-15, which somewhat limits the leverage requesters have compared to states with stronger attorney-fee provisions. Even so, the process can be effective, especially for straightforward denials.

Steps to Appeal

1. Review the written denial and identify the specific exemption cited — determine whether it actually applies to the records you requested.
2. Contact the D'Iberville City Clerk's Office in writing to ask the city to reconsider, clarify the scope of your request, or accept a partial production of non-exempt records.
3. Ask the city for a copy of its written public records policy to understand any internal appeal process the city has adopted under Miss. Code Ann. § 25-61-5.
4. If the denial stands or the city fails to respond within 14 working days total, file a formal complaint with the Mississippi Ethics Commission using Form MEC-R1.6, available at ethics.ms.gov. Attach any written denial or correspondence. The Ethics Commission will forward the complaint to the city, which has 14 days to respond.
5. The Ethics Commission may dismiss the complaint, mediate a resolution, hold a hearing, or issue an order compelling disclosure — and may assess civil penalties of up to $100 per violation plus reasonable expenses (Miss. Code Ann. § 25-61-15).
6. Independently of — and without waiting for — the Ethics Commission process, you may petition the Harrison County Chancery Court to compel disclosure under Miss. Code Ann. § 25-61-13. No administrative exhaustion is required, but you must serve written notice on the Ethics Commission at the time of filing.
7. If the Ethics Commission issues an order and either party disagrees with it, any party may appeal the order to the chancery court of the county in which the public body is located; the chancery court conducts a de novo review.

Types of Records You Can Request from D'Iberville, Mississippi

The City of D'Iberville generates and maintains a wide range of records in the course of operating municipal government. All of the following are generally subject to disclosure under the Mississippi Public Records Act, absent a specific exemption.

• City council meeting minutes and agendas
• City budget documents, financial reports, and audits
• Building permits, site plans, and zoning variance applications
• Code enforcement complaints and inspection reports
• City contracts with vendors, contractors, and service providers
• Police incident reports and accident reports (narrative descriptions are public per Miss. Code Ann. § 25-61-3(e))
• Ordinances, resolutions, and municipal code amendments
• Property and development records, including land use approvals
• City employee payroll and salary data (non-personnel file information)
• Correspondence and emails related to official city business
• Court dockets and records from D'Iberville Municipal Court
• Water and sewer service agreements and infrastructure plans
• Grant applications and awards received by the city
• City fleet and equipment purchase records
• Emergency management plans and hazard mitigation documents

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of D'Iberville to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in D'Iberville