By:  Jason E. Dare When the need arises to request public records from a Mississippi agency, county, and/or municipality, a common misconception is that the records can be FOIA’ed by sending a letter to the entity maintaining those records. While courts have generically used the acronym “FOIA” as a verb meaning the act of requesting public records, the Freedom of Information Act applies only to agencies of the United States and not to state agencies and/or state political subdivisions. See Davidson v. Georgia, 622 F.2d 895, 897 (5th Cir. 1980) (noting that “the [FOIA] has no application to state governments”). Instead, public record requests to Mississippi agencies and political subdivisions must be made through Mississippi’s Public Record Act (“MPRA”), Miss. Code Ann. § 25-61-1 et seq. The MPRA was enacted in 1983 and is designed to give citizens access to non-exempt public records, thereby fostering a culture of trust and engagement in the democratic process. The term “public records” is defined as “all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body.” Miss. Code Ann. § 25-61-3(b). Understanding how to submit a request is a critical first step in accessing public records. State agencies, counties, and/or municipalities are authorized by the MPRA to adopt “reasonable written procedures … concerning the cost, time, place and method of access” to public records, and “public notice of the procedures shall be given by the public body.” Miss. Code Ann. § 25-61-5(1)(a). In compliance with this statutory authority, State agencies, counties, and/or municipalities typically establish individualized procedures for requesting public records that can be found on their website or are readily available to the public. When in doubt, individuals should contact the Mississippi entity for its public record request procedures. These procedures should be adhered to ensure timely production of public records. If procedures are not in place at an agency possessing the desired public records, requests can be made in writing to that agency. Pursuant to Miss. Code Ann. § 25-61-7, Mississippi entities are authorized to charge fees for the search, retrieval, and duplication of public records, and payment of these fees may be required prior to production. While accessing and duplication fees are authorized and necessary, they must be reasonable and should not deter individuals from seeking access to public records. A list of fees associated with public record requests are typically available with the entity’s request procedures. Certain records are exempt from public access and/or disclosure in order to protect privacy and sensitive information. Common exemptions include: Personally identifiable education records subject to the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. §1232g and 34 CFR § 99, and/or academic records and school safety plans pursuant to Miss. Code Ann. § 37-11-51. Any identifying information of a person possessing a weapon permit issued under Miss. Code Ann. § 45-9-101 or Miss. Code Ann. § 97-37-7. See Miss. Code Ann. § 25-61-11.1. Personnel records of employees of the Mississippi entity at issue, Miss. Code Ann. § 25-1-100, including application material, adverse employment decisions, and/or most other documents in an employee’s personnel file except gross salary and/or accrued leave time. Protected health information (“PHI”) subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and “hospital records” as defined by Miss. Code Ann. § 41-9-61 that are maintained by a public hospital. See Miss. Code Ann. § 41-9-68. Investigative reports as defined by Miss. Code Ann. § 25-61-3(f) that are maintained by a law enforcement entity, including but not limited to (i) records that are compiled in the process of detecting and investigating any unlawful activity or alleged unlawful activity, (ii) records that would reveal the identity of informants and/or witnesses, (iii) records that would endanger the life or safety of a public official or law enforcement personnel, or confidential informants or witnesses, (iv) records pertaining to quality control or PEER review activities, and (v) records that would impede or jeopardize a prosecutor’s ability to prosecute the alleged offense. 911 recordings and records related to same pursuant to Miss. Code Ann. § 19-5-319. Records furnished to public bodies that contain commercial and/or financial information of a proprietary nature, or trade secrets, except where disclosure is authorized pursuant to Miss. Code Ann. § 25-61-9 and/or Miss. Code Ann. § 79-23-1. A more extensive list of exemptions can be found in the Model Public Records Rules maintained by the Mississippi Ethics Commission. Once a properly submitted records request has been submitted and payment has been made, production of the public records is generally made within seven days.