MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary, Division B; Accountability, Efficiency, Transparency

By: Senator(s) Longwitz

Senate Bill 2416

AN ACT TO AMEND SECTION 25-61-13, MISSISSIPPI CODE OF 1972, TO CREATE A NONEXCLUSIVE ADMINISTRATIVE PROCEDURE BEFORE THE ETHICS COMMISSION FOR THE ENFORCEMENT OF PUBLIC RECORDS REQUESTS; TO PROVIDE FOR APPEAL DE NOVO FROM THE ORDERS OF THE COMMISSION; TO AUTHORIZE THE COMMISSION TO IMPOSE THE PENALTIES OTHERWISE PROVIDED BY LAW; TO AMEND SECTION 25-61-15, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR WRONGFUL DENIAL OF ACCESS TO A RECORD; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 25-61-13, Mississippi Code of 1972, is amended as follows:

     25-61-13. * * *(1)  (a)  Any person denied the right granted by Section 25-61-5 to inspect or copy public records may institute a suit in the chancery court of the county in which the public body is located, and the court shall determine whether such public record is exempt from the provisions of this chapter, and in making such determination the court shall take into consideration any constitutional or statutory law or decision of any court of this state or the United States, any rule of common law, or any public records opinion of the Mississippi Ethics Commission. Process shall be served on the proper officials according to law.

  (b)  Before instituting suit under this subsection, the person denied the right to inspect or copy public records may first request an opinion of the Ethics Commission as to whether the public body is obligated under this chapter to produce the records requested.

   (i)  The person shall attach to the request for opinion a copy of the written denial of his records request, if any.  The Ethics Commission shall forward a copy of the documents to the public official who denied the records request or failed to respond to it, as well as to the head of the public body involved.  The public body shall have fourteen (14) days from receipt of the documents to file a response with the Ethics Commission.  After receiving the response to the request for opinion or after fourteen (14) days, whichever comes first, the Ethics Commission shall issue its opinion. The Mississippi Ethics Commission shall have the authority to enforce the provisions of this chapter upon a complaint filed by any person.  Upon receiving a complaint, the commission shall forward a copy of the complaint to the head of the public body involved.  The public body shall have fourteen (14) days from receipt of the complaint to file a response with the commission.  After receiving the response to the complaint or, if no response is received after fourteen (14) days, the commission, in its discretion, may dismiss the complaint or proceed by setting a hearing in accordance with rules and regulations promulgated by the Ethics Commission.  The Ethics Commission may order the public body and any individual employees or officials of the public body to produce records or take other reasonable measures necessary, if any, to comply with this chapter.  The Ethics Commission may also impose penalties as authorized in this chapter.  The Ethics Commission may order a public body to produce records for private review by the commission, its staff or designee.  Records produced to the commission for private review shall remain exempt from disclosure under this chapter while in the custody of the commission.

 * * *(ii) Nothing in this chapter shall be construed to prohibit the Ethics Commission from mediating or otherwise resolving disputes arising under this chapter, from issuing an order based on a complaint and response where no facts are in dispute, or from entering orders agreed to by the parties.  In carrying out its responsibilities under this section, the Ethics Commission shall have all the powers and authority granted to it in Title 25, Chapter 4, Mississippi Code of 1972, including the authority to promulgate rules and regulations in furtherance of this chapter.

Any party may petition the chancery court of the county in which the public body is located to enforce or appeal any order of the Ethics Commission issued pursuant to this chapter.  In any such appeal the chancery court shall conduct a de novo review. Nothing in this chapter shall be construed to prohibit any party from filing a complaint in any chancery court having jurisdiction, nor shall a party be obligated to exhaust administrative remedies before filing a complaint.  However, any party filing such a complaint in chancery court shall serve written notice upon the Ethics Commission at the time of filing the complaint.  The written notice is for information only and does not make the Ethics Commission a party to the case.

 * * *(2)  In any suit filed under subsection (1) of this section, the court has the authority to prohibit the public body from withholding the public records, to order the production of any public records improperly withheld from the person seeking disclosure, and to grant such other equitable relief as may be proper.  The court, on its own motion, may privately view the public records in controversy before reaching a decision.

(3)  Proceedings arising under this section shall take precedence on the docket over all other matters and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way.  Such suits may be heard in termtime or in vacation.

(4)  Any suit filed under this section shall be subject to all the rights and rules of appeal for other suits arising in chancery court.

     SECTION 2.  Section 25-61-15, Mississippi Code of 1972, is amended as follows:

     25-61-15. * * *Any person who shall deny If the Ethics Commission finds that an individual has denied to any person access to any public record which is not exempt from the provisions of this chapter * * *may be liable civilly in a sum not to exceed One Hundred Dollars ($100.00) per violation, plus all reasonable expenses incurred by such person bringing the proceeding, the Ethics Commission may impose a civil penalty upon the individual found to be in violation of the provisions of this chapter in a sum not to exceed Five Hundred Dollars ($500.00) for a first offense and One Thousand Dollars ($1,000.00) for a second or subsequent offense, plus all reasonable expenses incurred by the person or persons in bringing the complaint to enforce this chapter.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2014.

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