Mississippi Advisory Opinions April 17, 1991: 19910417 (April 17, 1991)

Advisory Opinion Text

Honorable W.L. Lee

Circuit Clerk

P.O. Box 998

Gulfport, MS 39502

Re: Public Records / Voter List

Dear Mr. Lee:

Attorney General Mike Moore has received your letter and has assigned it to me for reply. A copy of your letter is attached for reference.

You ask if the voter list on magnetic tape must be reproduced on magnetic tape. From information supplied via phone conversation we understand that your office is not equipped to duplicate the magnetic tape without having to shut down the computer; and, in essence, you would have to either shut down or do the work after hours.

It is our opinion that the requesting party is entitled to the information on the tapes. Please see the attached opinion of this office to Dick Molpus, dated January 16, 1991, which held that magnetic tapes are subject to the public records act. See also Roberts v Miss. Safety Highway Patrol , 465 So.2d 1050 (1985) in which the court upheld the right of the public to access to the drivers' license information contained on the tape of the highway patrol. The public records act at § 25-61-5 of the Mississippi Code of 1972 states that the public has “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....” The tape is a public record and the public may obtain a copy of it. We are aware that some clerks' offices may not be able to reproduce certain records in the form requested. In such a factual situation a reasonable written procedure would be to provide the information in some other cognizable form.

We are not aware of what written procedure you may have adopted. However, assuming the facts you related to us are correct, we are of the opinion that you are not required to shut down the computer in your office to make a copy of the magnetic tape, if this constitutes a significant intrusion into the business of your office. We do not think that a public body must perform services under this act beyond the normal working hours of the public body. In such situations it would be compliance with the public access to records act to provide the information on some other medium. Such a response would not frustrate the purposes of the act, which are to provide public access to the information contained on the record.

If this does not clearly answer your question, please let us know.

Very truly yours

Mike Moore Attorney General.

Larry J. Stroud Special Assistant Attorney General.

ATTACHMENT

March 13, 1991

Hon. Mike Moore

Attorney General of the State of Mississippi

P.O. Box 220

Jackson, Ms 39205

Dear General Moore;

In the past, print-outs of the voter registration lists have been furnished upon requests to individuals at a nominal fee which is paid into the County General Fund.

It has been the policy of the governing authority of the county not to furnish magnetic tapes or discs, as they could be reproduced and resold to “junk mail companies, etc.”

In your opinion, does the governing authority of the County i.e., Board of Supervisors, have the authority to direct the Circuit Clerk not to furnish magnetic' tapes, discs, and/or any other computer memory storage devices with reference to public records subject to the Mississippi Public Records Act of 1983 (Miss.Code Ann. Section 25-61-3 et seq. (1972) ? In essence the only available data furnished upon request would be a computer printout.

Your usual prompt attention and reply would be deeply appreciated as we are receiving requests for magnetic' tapes that we are denying by virtue of the Board of Supervisors direction to only furnish computer print-outs of requested voter registration lists, etc.

With warmest personal regards, I am

Sincerely yours

W.L. Lee Circuit Clerk, Harrison County.

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Notes:

We note that you have offered a hard copy of this information.

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