Bill Text: MS SB2507 | 2014 | Regular Session | Enrolled
Bill Title: Mississippi Public Records Act; authorize Ethics Commission to enforce.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-04-10 - Approved by Governor [SB2507 Detail]
Download: Mississippi-2014-SB2507-Enrolled.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Ethics; Accountability, Efficiency, Transparency
By: Senator(s) Collins
Senate Bill 2507
(As Sent to Governor)
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; 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. * * *
The Mississippi
Ethics Commission shall have the authority to enforce the provisions of this
chapter upon a complaint filed by any person denied the right granted under
Section 25-61-5 to inspect or copy public records. 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. The Ethics Commission shall complete
its private review of the records within thirty (30) days after receipt of the
records from the public body. Records produced to the commission for private
review shall remain exempt from disclosure under this chapter while in the
custody of the commission.
* * * 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.
* * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.
