Mississippi Public Record Requests - Normal State Agency vs "We Can't Because...?"

This is just a scenario, of a few examples, to show the questionable validity of those, "we can't" responses. The top law firm in New York City sends a written public information request to your State Agency. They are in the process of filing a lawsuit against a well known major national corporation. The information that you have is vital to the suit, and they are also running a deadline. They are requesting, for the last four years, all emails, letters, inspections, warning notices, penalties and monetary fines relevant to this major corporation, your agency regulates. Documents that are a lot more sensitive in nature than any matters concerning boosters, NCAA enforcement and violations. Your agency representative contacts them back by phone and says "I'm sorry but Mr J, who handles these types of request is in Bermuda on vacation for 3 weeks, but I know when he gets back that he will be glad to furnish this information. Or, "I'm sorry but due to confidentality issues I regret that we can not allow the release of these documents at this time." Or, I'm sorry but the records that you have requested are with a third party out of state, and we can't access them at this time, and we have no copies of these documents in our office ( not under your purview then? hmmm). Have a nice day." This is not your typical operating procedure of a normal State Ageny The synopsis is if this did happen in your normal State Agency, somebody, in your agency, would be reprimanded or possibly lose their job, and your agency would still find some way to furnish those requested (non-exempt) records, in a timely manner, and within the prescribed timeline of the public records act. These major law firms do not play those "we can't" games. Could have been very interesting if somebody like Attorney Mars had made NOA public records' requests.

I can't help but draw parallels to OM's position on these phone records to the problems Congress had getting Hillary's emails. And as I recall, she was able to redact her pesonal emails? I'm thinking it'll be years, if ever, before those phone records are handed over.

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Originally Posted by RocketDawg

I can't help but draw parallels to OM's position on these phone records to the problems Congress had getting Hillary's emails. And as I recall, she was able to redact her pesonal emails? I'm thinking it'll be years, if ever, before those phone records are handed over.

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The way things have been handled (better phrased - not handled) concerning OM's method of operation in reference to any public records' requests relevant to their football program, what you said on the time frame wouldn't surprise me at all.

I can verify your premise - at least from a perspective of how it is enforced in GA. Each State Agency has a official "Records Designee", who is charged with duties of following and implementing the Records Retention and Records Retrieval programs established by the Ga Secretary of State. I was that person for 15 years at a Ga. State Agency. I had very strict guidelines about what records were retained, how long they were retained, how they were disposed of, what could remain confidential and for how long, to what extent our records had to be cataloged and inventoried, what records needed to be in secure locations, etc. etc. Very little in GA could remain confidential and was not subject to a FOIA. Basically some of your personnel file, personal information like SS#, and credit card numbers/info for sales in you retail operations.

Me being out of the office was no excuse, because we had multiple people trained in records retrieval. We had a file level database that you do a word search in - like for "telephone", and it would tell you exactly which shelf had which box that would give you records. Most FOIA requests could be answered within a few hours, and we could tell you how many files we had. The hardest part was dealing with "current" records - work product from Dept. Heads that was ongoing. Getting that info was like pulling teeth. Things like phone records are ridiculously easy because they came through our accounting department as an A/P. You had a phone bill every month, it was reviewed, filed, and transferred at the end of the month to our records room and entered into our database. I could print a report on where each phone bill was for 7 years (after which they were destroyed following the SOS retention guidelines) in about 30 seconds.

I worked on a few high profile FOIA requests. Ones that if I had stonewalled the AJC would have blasted us in a heartbeat. Ole Miss is stonewalling. An the bit about the Athletic Foundation paying Hugh's bill is BS too. They are an affiliated entity. If you pull the affiliation agreement between the school and the Foundation, you will see they are subject FOIA via their association with the University.

For a school that teaches law they sure seem ignored of the law.

Well, well, well..... Who is the Business Manager of the OM Ath. Department???? He/She have total control over those records (at least at MSU) in that department. Then there is the IT department who has total access to all phone records....
So don't tell me the phone records are out of state... when in-fact you can obtain a copy from C-spire..... or whom ever the carrier. Deflect, Defiance, Defer.......

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Originally Posted by Reason2succeed

For a school that teaches law they sure seem ignored of the law.

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It just so happens that most of the attorney's graduate from OM... Run the government and cheat in public office also....