FOIA request timeline

[Perpetual Underachiever]

On the Boneyard that aired Thursday (02/23/17) following the Reb's hostage video, Steve said that he had filed a FOIA request for the NOA. Assuming it was filed on 02/23 what amount of time is the institution allowed to respond? Have any other news sources mentioned filing a FOIA?

[starkvegasdawg]

Doesn't matter. They'll wait until the last second of the timeline to say they won't release it due to some twisted version of a privacy law they've completely taken out of context.

[yjnkdawg]

On the Boneyard that aired Thursday (02/23/17) following the Reb's hostage video, Steve said that he had filed a FOIA request for the NOA. Assuming it was filed on 02/23 what amount of time is the institution allowed to respond? Have any other news sources mentioned filing a FOIA?


The information indicated below was taken from the Mississippi Public Records Act.........The penalties for not complying to a request are really weak, but when I was in State Government, the division that I was responsible for received numerous requests from different entities, including some large law firms. If I had done like what happened to Steve, then I would have been reprimanded or may have even lost my job. The playing field is not always the same. Unless these records meet the exemption criteria (which I don't see they do), then they are required to be furnished in the time frame indicated below.

"If a public body is unable to produce a public record by the seventh working day after the request is made, the public body must provide a written explanation to the person making the request stating that the record requested will be produced and specifying with particularity why the records cannot be produced within the seven-day period. Unless there is mutual agreement of the parties, in no event shall the date for the public body's production of the requested records be any later than fourteen (14) working days from the receipt by the public body of the original request."

[WSOPdawg]

It seems like I recall a fine of ONLY $100 per day that the FOIA is not honored, which when you're spending $1.5million on legal fees as shown in TCUN's infographic when responding to the NOA last year, an entire year of not responding to a FOIA would equate to only a $36,500 fine. Talk about a law without teeth!

[yjnkdawg]

It seems like I recall a fine of ONLY $100 per day that the FOIA is not honored, which when you're spending $1.5million on legal fees as shown in TCUN's infographic when responding to the NOA last year, an entire year of not responding to a FOIA would equate to only a $36,500 fine. Talk about a law without teeth!

I totaly agree with your thinking, but it is $100 per violation plus some other expenses as indicated below.

"Any person who shall deny to any person access to any public record which is not exempt from the provisions of this chapter or who charges an unreasonable fee for providing a public record may be liable civilly in his personal capacity in a sum not to exceed One Hundred Dollars ($ 100.00) per violation, plus all reasonable expenses incurred by such person bringing the proceeding."

[yjnkdawg]

On the Boneyard that aired Thursday (02/23/17) following the Reb's hostage video, Steve said that he had filed a FOIA request for the NOA. Assuming it was filed on 02/23 what amount of time is the institution allowed to respond? Have any other news sources mentioned filing a FOIA?

Mississippi has their own, FOIA, which is titled as the Mississippi Public Records Act of 1983, As Amended". So any Mississippi public records requested, would have to be done so in accordance with this Act. I'm not trying to be a smart a....., but just wanted to clarify,

[Perpetual Underachiever]

Does the "seventh working day.." rule apply the MS public records act? If not, what does the act specify for the timelines of a response?

[yjnkdawg]

Does the "seventh working day.." rule apply the MS public records act? If not, what does the act specify for the timelines of a response?


It does unless there is some type of mutual agreement between both parties. Now they may have found some way to make the documents come under the exemption rule, but I highly doubt that. When I was in State Government I had to release some sensitive documents, that included State Government issued violations, fines, etc.

[BrunswickDawg]

Wow 7 days. MS is soft. We have 3 business days to respond in Georgia.

And Yjnkdawg - I've spent my career in city and state government. For 15 years, I was the official records management supervisor as a part of my overall duties. I would have definitely been fired for stonewalling the way OM does. But, that all depends on the LEADERSHIP of your agency. If your agency insists on secrecy and a lack of transparency, you can get away with a lot more. Someone needs to fund a loudmouth attorney to blast OM until they respond and release the NOA.