How to File a Public Records Request in Hernando, Mississippi

What Is the Mississippi Public Records Act of 1983?

The Mississippi Public Records Act of 1983, codified at Miss. Code Ann. §§ 25-61-1 through 25-61-19, establishes that all public records are public property and that any person has the right to inspect, copy, or mechanically reproduce records held by any public body. You do not need to be a Mississippi resident, give a reason for your request, or demonstrate a special interest in the documents — the right belongs to anyone.

Under § 25-61-3, “public records” means records and other materials, regardless of physical form, that have been used, are in use, or were prepared, possessed, or retained in the conduct of public business. This includes city council meeting minutes, municipal budgets and financial records, building permits, contracts, emails sent or received by city employees on public business, zoning documents, and police incident reports (subject to exemption).

Key exemptions include personnel files and employment applications, individual tax records, attorney work product related to litigation, active law enforcement investigative reports, trade secrets, hospital records, and personal contact information of law enforcement officers and judges. When a record contains both exempt and non-exempt material, the agency must redact the exempt portions and produce the rest. The burden of justifying any withholding falls on the City, not on 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 Hernando

How to Submit Your Request

The City of Hernando does not appear to publish a dedicated online public records portal or a required request form. The most reliable way to submit a public records request is to send a written request directly to the City Clerk's Office by email at ppyle@cityofhernando.org, by U.S. mail to 475 West Commerce Street, Hernando, MS 38632, or in person at City Hall during regular business hours. Your request must be in writing under the Mississippi Public Records Act. Be as specific as possible about the records you seek — identify the record type, date range, department, and any other details that will help staff locate the documents. Once received, the City has up to seven working days to respond if it has adopted written procedures, or one working day if it has not. If you are unsure whether a specific form is now required, contact the City Clerk directly at (662) 429-9092 before submitting.

What to Include in Your Request

• Your full name and mailing address
• A specific description of the records you are requesting (type, date range, subject matter)
• The department or office most likely to have the records
• Your preferred format for receiving records (electronic copies, paper copies, or in-person inspection)
• A request for a fee estimate before the City proceeds, or a statement of your willingness to pay up to a specific dollar amount
• An optional request for a fee waiver if the request serves the public interest and is not for commercial use
• Your email address or phone number for follow-up contact

Response Deadlines and What to Expect

Under the Mississippi Public Records Act, the response timeline depends on whether the City of Hernando has adopted written procedures for handling records requests. Under Miss. Code Ann. § 25-61-5, if a public body has not adopted written procedures, it must make records available for inspection within one working day after receiving a written request. If the City has adopted written procedures, it may take up to seven working days to respond.

If the City cannot produce the requested records within seven working days, it must notify you in writing of the reasons for the delay. In no case may a public body take longer than fourteen working days from receipt of a request to produce the records or provide a written denial, unless the parties mutually agree to an extension.

A "response" under the law means either producing the records, notifying you that the records are available for inspection, issuing a written denial with the specific exemption cited, or providing an explanation of the delay. A failure to respond at all within the statutory period is itself a violation of the MPRA.

Fees may be charged based on the actual cost of searching, reviewing, and duplicating records under § 25-61-7. The Mississippi Ethics Commission has recommended a maximum of $0.15 per page for photocopies. Agencies may also charge for staff time. Fees are generally collected before the records are produced. Contact the City Clerk at (662) 429-9092 to inquire about the current fee schedule.

What to Do If Your Request Is Denied or Delayed

If the City of Hernando denies your request, the agency is required under Miss. Code Ann. § 25-61-5(3) to provide the denial in writing, stating the specific statutory exemption it is relying on. A denial that does not cite a specific exemption is legally deficient. You should document the date you received the denial and retain a copy of both your original request and the response.

Common reasons for denial include claims that records are part of active law enforcement investigations, that they contain personnel information protected under § 25-1-100, that they constitute attorney work product under § 25-1-102, or that they involve third-party confidential commercial information under § 25-61-9. Some of these exemptions are narrow — for example, if a record contains both exempt and non-exempt material, the City must redact and produce the non-exempt portions rather than withhold the entire document.

If your request simply receives no response within the statutory deadline, that silence is itself a violation of the MPRA and may be the basis for a complaint or lawsuit.

The Mississippi Ethics Commission (ethics.ms.gov) is the primary administrative enforcement body. Filing a complaint there is a low-cost first step. You may also bypass the Ethics Commission and file directly in chancery court without first exhausting administrative remedies, under § 25-61-13. If you prevail in court, you may recover attorney's fees and costs under § 25-61-15, as well as a penalty of up to $100 per violation.

Steps to Appeal

1. Review the written denial carefully and confirm it cites a specific statutory exemption as required by Miss. Code Ann. § 25-61-5(3).
2. Contact the Hernando City Clerk at (662) 429-9092 or ppyle@cityofhernando.org to clarify or narrow your request informally — this can resolve many disputes quickly.
3. If the City has an internal appeal process, submit a written appeal to the Mayor's Office or city attorney identifying the specific records withheld and the basis for your disagreement.
4. File a written complaint with the Mississippi Ethics Commission at ethics.ms.gov. Attach a copy of your original request and the written denial (if any). The agency will have 14 days to respond to the Commission.
5. File a lawsuit in DeSoto County Chancery Court under Miss. Code Ann. § 25-61-13. You do not need to first exhaust Ethics Commission remedies before going to court.
6. If you prevail in chancery court, seek attorney's fees, costs, and a penalty of up to $100 per violation under Miss. Code Ann. § 25-61-15 — courts may award these whenever there is a finding of an open-records violation.
7. Appeal any adverse chancery court ruling to the Mississippi Supreme Court; such appeals must generally be filed within 30 days of the final judgment.

Types of Records You Can Request from Hernando, Mississippi

The City of Hernando generates and retains a wide variety of public records in the course of municipal government operations. The following are common categories of records that residents, journalists, and researchers frequently request.

• City Board of Aldermen meeting minutes and agendas
• Municipal budget documents and financial reports
• City contracts and vendor agreements
• Building permits and construction inspection reports
• Zoning variances, conditional use permits, and planning documents
• Code enforcement complaints and violation records
• Police department incident and arrest reports
• City employee payroll records and compensation data (non-exempt portions)
• Animal control reports and citations
• City ordinances and resolutions
• Grant applications and award documents
• Public works project records and infrastructure reports
• Hernando Police Department use-of-force policies and records
• City election records, including candidate filings and results
• Environmental and stormwater compliance documents

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

Tips for Effective Public Records Requests in Hernando