A RESOLUTION ESTABLISHING AND ADOPTING PROCEDURES AS SET FORTH IN THE MISSISSIPPI PUBLIC RECORDS ACT OF 1983
WHEREAS, section 25-61-5 (1) of the Mississippi Code of 1972 annotated, current through the 2006 Regular Session, provides that certain records are hereby declared to be public property and that any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of any public body in accordance with reasonable written procedures adopted by the public body concerning cost, time, place, and method of access, and that public notice of the procedures shall be given by the public body; and
WHEREAS, the City of Cleveland, Mississippi, is a public body and entity subject to the Mississippi Public Records Act of 1983, and desires to establish and adopt such written procedures;
BE IT THEREFORE RESOLVED that the City of Cleveland, Mississippi does hereby establish and adopt the following procedures in accordance with the Mississippi Public Records Act of 1983:
All fees for the cost of searching, reviewing and/or duplicating and mailing copies of public records shall be collected by the City Clerk or her duly authorized deputy, in advance of complying with each request for access to or copies of public records, on the basis of not less than:
Letter Size $.25 per copy
Legal Size $.35 per copy
Oversize $.50 per copy
18x24 $1.00 per page
24x36 $2.50 per page
Larger than 24x36 $5.00 per page
Computer printouts shall be on the basis of $.50 per printed page plus computer time for set up. Fees for requests requiring any outside technical assistance or set up will include the actual cost of that service. Fees for employee's time for searching, reviewing, and for copying and/or duplicating shall be calculated at the rate of $15.00 per hour, or portion thereof for staff personnel, at the rate of $30.00 per hour, or portion thereof for City and Deputy Clerks, and at the rate of $45.00 per hour, or portion thereof for the City Manager.
Fees for electronic data will be calculated in accordance with Mississippi Code section 25-61-7 (2). For security reasons, electronic data will not be provided via email transmission or any other unsecured means, nor will it be provided on any diskette, compact disk, or any other media device provided by the person making such request.
All mailing fees shall be on an actual cost basis. Such fees shall be collected by and remitted to the City Clerk or her duly authorized deputy clerk for deposit into the General Fund of said City of Cleveland.
Copies of public records not determined to be exempt under the provisions of the Mississippi Public Records Act of 1983, shall be produced by the City Clerk of said City of Cleveland, Mississippi, or her duly authorized deputy clerk, no later than (7) working days from the date of receipt of written request for production of such records; provided, however, that in the event a request is made for production of public records deemed to be exempt under the provisions of the Mississippi Public Records Act of 1983, or which are exempt as otherwise provided by law, the City Clerk shall provide a written statement setting forth specific reasons for such denial. Further, if the record cannot be produced within seven (7) days, the Clerk or his/her designee shall respond explaining the reason for the delay and, in no event, shall produce any non-exempt record no later than (14) fourteen working days from the date of receipt of such written request, unless parties mutually agree to a later date.
FORM AND PLACE
All requests for access to or copies of public records shall be addressed and directed to the City Clerk, City Hall, P.O. Box 1439, Cleveland, Mississippi 38732, which requests shall be in the form set forth in Exhibit "A", attached to and incorporated herein by reference. Inspection and/or copying of non-exempt public records shall be made and provided in the office of the City Clerk, located in the City Hall, Cleveland, Mississippi.
METHOD OF ACCESS
Access to all non-exempt records shall be provided in accordance with the foregoing provisions, with physical inspection of such records and copying of the same to be performed, made and carried out in the office of the City Clerk, City Hall, Cleveland, Mississippi.
The above and foregoing procedures shall be published in the Bolivar Commercial, and copies of the same shall be posted in the City Hall, Cleveland, Mississippi and shall become effective upon adoption.