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081215 - LETTER FROM DORIAN E TURNER (Attorney For Claiborne County Public Schools)
1. WHERE DOES THE KLAN
FIND THESE “HOUSE ?”NEGROES
AUGUST 12, 2015
LETTER FROM: DORIAN E. TURNER – Attorney For
Claiborne County School District
NOTE: In the 08/12/15 letter, NOTE the FOOLISH GAMES the
Claiborne County School District’s Attorney is ALREADY trying to
play in mentioning “REQUEST FOR INFORMATION;” and STEERING
CLEAR of the concerns raised in the JULY 31, 2015 and AUGUST 6,
FAX to Dr. Earl Watkins (Conservator, Claiborne County Public2015,
School District)!
2. Dorian E. Turner, PLLC
Attorney at Low
300 West Capitol Street, Suite 200
iQCkson, MS 39203
August 12, 2015
Vogel Denise Newsome
P.O. Box 31265
Jackson, MS 39286
Re: Request for Information
Dear Ms. Newsome,
Following up on your telephone conversations with my paralegal, Nikki Strong, enclosed
are copies of Mississippi Code Sections 25-61-5 and 25-61-7, along with Claiborne County
School District's Policy KL, Access to Public Records. These laws and this policy govern and
explain your rights to access, inspect and copy district documents and infomiation, the district's
obligations to comply with your requests, along with fees and expenses that may be charged and
collected. In compliance with their provisions and upon payment of the appropriate fees or
expenses, the district will make public records in its possession available to you for inspection, at
a mutually agreeable date and time, or provide copies.
If you cannot specif^' the actual docuraent(s) you are seeking or i f a search must be made
for the documents or information you request, a district employee will conduct the search and
you must pay, in advance, a search fee v^-hich will be calculated and billed at the hourly rate of
the employee conducting the search, with a minimum deposit of $30.00.
If you wish to proceed with your request for information and you are willing to pay the
appropriate fees or expenses, please advise us of your specific request(s) and we will notify you
of the amount required to proceed.
Sincerely,
Dorian E. Turner
Dorian E. Turner, PLLC
Attorney for Claiborne County School District
DET/mis
c: Dr. Earl Watkins. Conservator
Phone 601,354.2971 • Fox 601.354.3656 • deturnef@detpllccom
3. ACCESS TO PUBLIC RECORDS - K L
CLAIBORNE COUNTY PUBLIC SCHOOL
DISTRICT PUBLIC RECORDS ACCESS
PROCEDURES
The following policies and procedures are adopted in order to comply with the requirements of the
Mississippi Public Records Act of 1983 (hereinafter the "Act").
RECORDS ACCESSIBLE
*
All "public records" maintained by the district, as defined by the Act, shall be made available for access and
duplication, subject to the exceptions and requirements of those policies, and other state or federal laws.
REQUESTS FOR ACCESS
Requests for access to public records shall be filed in writing, on forms provided, with the Superintendent of
Schools, Claiborne County Public School District. The request must state with sufficient specificity the
nature, location, aiid description of the public record sought in order to enable the appropriate official(s) of
the district to obtain the records for review and/or duplication. In the evetit that the request lacks sufficient
clarity or is otherwise unduly burdensome, it will be returned to the originator for clarification or
correction. All requests to inspect or duplicate public records must be filed between the hours of 9:00
A.M. and 3:00 P.M. on any working day in the Superintendent's Office. Requests for inspection and/or
dupUcation of records shall be honored at such time during the day as the documents are not being used
by the appropriate officials of the district. After the. records are located and made available for
inspection and/or duplication, the originator of the request wiU be notified of a time, place and date, not later
than fourteen (14) daysfi-omthe date of the receipt of the request, to allow inspection and/or dupUcation.
FEE CHARGED
As allowed by statute, the district shall charge and collect fees to reimburse it for the actual costs of
searching, reviewing, duphcating and mailing copies of public records. All appUcable charges shall be paid
to the district in advance of complying with any requests, pursuant to the following schedule:
Photocopying: $.50 per page, with a minimum of S2.00 per search.
Searching and Reviewing: An hourly charge in an amount which eqtials the actual wage per hour of the
person conducting the search and review will be chsrged.
Postage: Actual cost of postage shall be assessed for all records mailed.
Any request which will require considerable assistance of school personnel for searching and reviewing
shall be subject to the minimum deposit of S30.00. In the event that the actual cost is found to be less than
$30.00, the balance shall be refunded to the originator of the request at the appointed time for the inspection
and/or dupUcation.
EXEMPT RECORDS
The foUowing records are exempt fi-om the Act and fi-om this poUcy and shaU not be subject to disclosure,
except imder other authority and under appropriate circumstances.
1. Records fiimished to pubUc bodies by third parties which contain trade secrets or confidential,
commercial orfinancialinformation, as provided in the Act.
2. Records which are confidential or privileged, as provided by constitutional, statutory or case law of
this state or of the United States.
4. 3. Records which are developed among judges, judges and their aides, and
juries.
4. Personnel records, including but not limited to applications for employment, test questions and
answers used in employment examinations, and letters of recommendation.
5. Test questions and answers in the possession of- a public body which are to be used in future
academic examinations.
6. Records which represent and constitute the work product of an attorney representing the
district, records which are related to Htigation, and communications between the district and the
attorney in the course of an attomey/cUent relationship.
7. Records which would disclose information about a person's individual tax payment or
status.
8. Records concerning the sale or purchase of property for public purposes prior to the announcement
of the purchase or sale where the release of the record would have a detrimental effect on the sale
and purchase.
9. All educational records of students and former students, as defmed by other board policies and by
the Federal Privacy Act; such exemption shall also apply to letters of recommendation
respecting admission to any educational agency or institution.
10. Records that are maintained regarding the process of detection and investigation of unlawful activity,
in addition to such records as defined in Section 45-29-1 of the Mississippi Code of 1972.
11. Commercial andfinancialinformation of a proprietary nature required to be submitted to the district.
In the event that the district denies a request for access to or copies of public records, the denial will be in
writing and contain a statement of the reasons for the denial. The district will maintain a record of all
denials for a period of three (3) years.
DENIAL OF ACCESS
SOURCE: Claiborne Coimty School District, Port Gibson, MS.
. LEGAL REF.: MS Code 25-61-1; 37-11-51, et. seq.
CROSS REF.: Policies CN, JR, JRB, and LDDB
DATE APPROVED: July
5. § 25-61-5. Public access to records; written explanation required when records cannot be
produced within specified time; form and retention of denials.
Mississippi Statutes
Title 25. P U B L I C O F F I C E R S AND E M P L O Y E E S ; P U B L I C R E C O R D S
Chapter 61. P U B L I C A C C E S S TO P U B L I C R E C O R D S
Current through 2015 Regular Session
§ 25-61-5. Public a c c e s s to records; written explanation required when records cannot be
produced within specified time; fornn and retention of denial.s
(1) (a) Except as otherwise provided by Sections 25-61-9 and 25-61-11-, all public records
are hereby declared to be public property, and any person shall have the right to'
inspect, copy or mechanically reproduce or obtain a reproduction of any public
record of a public body in accordance with reasonable written procedures adopted
by the public body concerning the cost, time, place and method of access, and
public notice of the procedures shall be given by the public body, or, if a public
. body has not adopted written procedures, the right to inspect, copy or mechanically
reproduce or obtain a reproduction of a public record of the public body shall be
provided within one (1) working day after a written request for a public record is
made. No public body shall adopt procedures which will authorize the public body
to produce or deny production of a public record later than seven (7) working days
from the date of the receipt of the request for the production of the record.
(b) 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.
(2) If any public record contains material which is not exempted under this chapter, the public
agency shall redact the exempted and make the nonexempted material available for
examination.. Such public agency shall be entitled to charge a reasonable fee for the
redaction of any exempted material, not to exceed the agency's actual cost.
(3) Denial by a public body of a request for access to or copies of public records under this
chapter shall be in writing and shaH contain a statement of the specific exemption relied
7. § 25-61-7. Fees for costs incident to providing records.
Mississippi Statutes
Title 25. P U B L I C O F F I C E R S AND E M P L O Y E E S ; P U B L I C R E C O R D S
Chapter 61. P U B L I C A C C E S S TO P U B L I C R E C O R D S
Current through 2015 Regular Session
§ 25-61-7. Fees for costs incident to providing records
(1) Except as provided in subsection (2) of this section, each public body may establish and
collect fees reasonably calculated to reimburse it for, and in no case to exceed, the actual
cost of searching, reviewing and/or duplicating and, if applicable, mailing copies of public
records. Any staff time or contractual services included in actual cost shall be at the pay
scale of the lowest level employee or contractor competent to respond to the request.
Such fees shall be collected by the public body in advance of complying with the request.
(2) A public body may establish a standard fee scale to reimburse it for the costs of creating,
acquiring and maintaining a geographic information system or multipurpose cadastre as
authorized and defined under Section 25-61-1 et seq., or any other electronically
accessible data. Such fees must be reasonalaly related to the costs of creating, acquiring
and maintaining the geographic information system, multipurpose cadastre or other
electronically accessible data, for the data or information contained therein or taken
therefrom and for any records, papers, accounts, maps, photographs, films, cards, tapes,
recordings or other materials, data or information relating-thereto, whether in printed,
digital or other format. In determining the fees or charges under this subsection, the public
body may consider the type of information requested, the purpose or purposes for which
the information has been requested and the commercial value of the information.
Cite as Miss. Code § 25-61-7
Source: Laws, 1983, ch. 424, § 4; Laws, 1999, ch. 466, § 2, eff. 7/1/1999.
History. Amended by Laws, 2014, ch. 416, HB 928, §1, eff. 7/1/2014.