Jim Hood Refutes Recent Records-Restricting Mississippi House Policy

JACKSON, Miss. (WCBI) – Mississippi Attorney General Jim Hood released a letter Monday addressed to legislative leaders arguing against the passing of a recent House policy.

In the letter, Hood states that the legislature is subject to part of the state law that requires the it to post contracts, like the one with EdBuild, to a state website within 14 days. By that law, Hood says that they should already have posted it there.

He goes on to say that if the Senate were to pass the policy, it would also not be valid. The Senate is scheduled to discuss a similar policy Wednesday.

The House passed a policy Nov. 15 restricting the public’s access to contracts the state has entered into.

Below is the letter Jim Hood released to Lt. Gov. Tate Reeves, Speaker Philip Gunn among other recipients.

“The policy recently adopted by the House is not effective to prohibit publication of legislative contracts such as the one with EdBuild. Section 25-61-17 of the Public Records Act does allow the Legislature to regulate public access to Legislative records. But, it also states: “However, notwithstanding the provisions of this section, the Legislature shall be subject to the provisions of Sections 27-104-151 through 27-104-159, “namely, “the Mississippi Accountability and Transparency Act.” This law requires the EdBuild contract to the (sic) placed on the Transparency website (http://www.transparency.mississippi.gov/) within 14 days of execution. Please see the pertinent provisions of the Transparency Act quoted below. Therefore, the EdBuild contract should already have been published on the Transparency website.

I understand the Senate is scheduled to consider a similar rule on Wednesday, November 23, 2016. The Transparency Act would also supercede any such Senate sule.”

WCBI’s story on last week’s House policy can be seen here.