Does a Mississippi councilwoman have to pay for copies of city bank and credit card statements she needs to do her job?

Plain-English summary

Councilwoman Marsha Gates of Okolona asked the city clerk for paper copies of all city bank and credit card statements from June 2021 to the present. The clerk treated the request as a public records request from a private citizen and asked for payment for the time required to compile the records. Councilwoman Gates went to the AG: as an elected official, do I have to pay?

The AG's answer is the standard rule for Mississippi council member records access: "an elected official does not have to pay for copies of records if the governing authorities determine that the requested access is reasonable and that the records are required for the elected official to perform his or her official duties."

Two factors:

1. Are the records required for the elected official's duties? A councilwoman who is reviewing city financial activity for budgeting, oversight, or audit reasons has duties that arguably require access to bank and credit card statements. Whether this particular request (multiple years of records, paper copies) is genuinely required for her duties is a local determination.

2. Is the requested access reasonable? Three years of paper bank and credit card statements is a substantial volume. Whether that is "reasonable" depends on factors the AG cannot adjudicate: the size of the city, the staff resources, the format alternatives (digital export, on-site review without copies), and the council member's stated purpose.

If both factors are met, the council member is entitled to no-charge access. If the council determines the requested access is unreasonable or not required for duties, the records can still be requested through the city's public records policy as a private citizen request, with the regular fees that policy imposes.

The AG also reminded that the City of Okolona is a special charter municipality, and the AG cannot interpret special charters by official opinion. The opinion's analysis applies only to the extent the Okolona charter is silent on this issue.

What this means for you

If you are a Mississippi municipal elected official requesting records

The opinion holds that an elected official "does not have to pay for copies of records if the governing authorities determine that the requested access is reasonable and that the records are required for the elected official to perform his or her official duties." Whether your request meets both conditions is a factual determination for the governing body (here, the City Council), subject to judicial review; the AG said it cannot make that call by official opinion. If the body determines the access is unreasonable or not required for your duties, the opinion says the records "may be requested according to the City's public records policy."

If you are a city clerk or municipal records officer

The opinion frames a two-part test that the governing authorities apply: is the requested access reasonable, and are the records required for the official's duties? If both are met, the elected official is entitled to access without charge. If not, the request runs through the city's public records policy as a private-citizen request. The AG noted these are factual determinations for the municipality, not questions it can resolve by opinion.

If you are on the governing body making the determination

The call is yours, subject to judicial review. The AG drew the standard from a consistent line of its own opinions: Tindell (members "are entitled to reasonable access, without charge, to information required to perform the duties of their office"), Holcomb ("records may only be accessed for lawful purposes"), and Manley (reasonable and timely access "is a factual determination to be made by the municipality").

A note on Okolona's special charter

Okolona is a special charter municipality. The AG cautioned that if the city's special charter speaks to this issue, the charter controls, and the AG cannot interpret a special charter by official opinion (citing Gaylor and Lowe). The reasonable-access analysis applies only if the charter is silent. The opinion also suggested the councilwoman consult the municipal attorney about compliance with applicable municipal policies or ordinances.

Common questions

Q: Does an elected official have to pay for copies of city records?
A: Not if the governing authorities determine that the requested access is reasonable and that the records are required for the official's duties, per this opinion. If those conditions are not met, the records can be requested under the city's regular public records policy, with its fees.

Q: Who decides whether a request is "reasonable" and "required for duties"?
A: The municipality's governing body (the City Council), subject to judicial review. The AG said these are factual determinations it cannot make by official opinion under § 7-5-25.

Q: What happens if the council decides the request is unreasonable or unnecessary?
A: The opinion says the records "may be requested according to the City's public records policy" as referenced in the request, the same route a private citizen would use.

Q: Does this opinion apply to every Mississippi city?
A: The reasonable-access standard is drawn from a consistent line of AG opinions. But Okolona is a special charter municipality, and the AG noted that where a special charter speaks to the issue, the charter controls; the analysis here assumes the charter is silent.

Background and statutory framework

The AG opinions in this area form a consistent doctrine:

• Tindell (Feb. 24, 2017): "[M]embers of a municipal governing body are entitled to reasonable access, without charge, to information required to perform the duties of their office."
• Holcomb (July 11, 2022): "records may only be accessed for lawful purposes."
• Manley (Dec. 3, 2019): "what is reasonable and timely access to information is a factual determination to be made by the municipality."

The 2024 Gates opinion applies the same framework to a specific request (multi-year bank and credit card statements). The two-factor test (required for duties + reasonable access) governs.

The special-charter caveat: Okolona is a special charter municipality. Gaylor (Dec. 15, 2006) and Lowe (Feb. 13, 2009) both confirm that special charters override general municipal law where they conflict. The AG cannot interpret special charters in an official opinion.

The opinion does not cite the general public records statute; it refers only to "the City's public records policy" as the route available if the Council determines the access is unreasonable or not required for the official's duties.

Citations

• Miss. Code Ann. § 7-5-25
• MS AG Op., Tindell (Feb. 24, 2017)
• MS AG Op., Holcomb (July 11, 2022)
• MS AG Op., Manley (Dec. 3, 2019)
• MS AG Op., Gaylor (Dec. 15, 2006)
• MS AG Op., Lowe (Feb. 13, 2009)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/08/M.Gates-August-23-2024-Requesting-Copies-of-City-Bank-and-Credit-Card-Statements.pdf

Original opinion text

August 23, 2024
The Honorable Marsha Gates
Councilwoman, City of Okolona
301 Middle Street
Okolona, Mississippi 38860
Re: Requesting Copies of City Bank and Credit Card Statements

Dear Ms. Gates:
The Office of the Attorney General has received your request for an official opinion.

Background
According to your request, you have asked the Okolona City Clerk ("Clerk") to provide you with paper copies of bank and credit card statements from June 2021 to the present. You were told that you would have to pay for the requested statements. As we understand it, the question is whether these records are needed for your official duties as a councilwoman. The Clerk's office is treating the request as a request by a private citizen and, in accordance with its public records policy, is requesting payment due to the amount of time necessary to complete the request. The city of Okolona ("City") is a special charter municipality.

Question Presented
Does an elected official have to pay for copies of the City's bank and credit card statements?

Brief Response
An elected official does not have to pay for copies of records if the governing authorities determine that the requested access is reasonable and that the records are required for the elected official to perform his or her official duties.

Applicable Law and Discussion
As an initial matter, official opinions of this office are issued on prospective questions of law pursuant to Mississippi Code Annotated Section 7-5-25. We cannot make factual determinations by official opinion. Further, if the City's special charter speaks to the issue at hand, then the charter controls. See MS AG Op., Gaylor at 1 (Dec. 15, 2006) ("[W]here the provisions of a special charter conflict with general law[,] . . . the specific provisions of a municipal special charter will take precedence over the provisions of general municipal law."); MS AG Op., Lowe at 1 (Feb. 13, 2009) ("[P]rovisions of a private or special charter that are contrary to general statutory provisions are viewed by this office as exceptions to the statutory provisions except where the general statutes expressly provide otherwise."). Assuming that the City's special charter is silent on your question, we offer the following for prospective purposes.

This office has consistently opined that members of a municipal governing body "are entitled to reasonable access, without charge, to information required to perform the duties of their office." MS AG Op., Tindell at 2 (Feb. 24, 2017) (internal citations omitted); see also MS AG Op., Holcomb at 1 (July 11, 2022) (opining that "records may only be accessed for lawful purposes"); MS AG Op., Manley (Dec. 3, 2019) (stating that what is reasonable and timely access to information is a factual determination to be made by the municipality). Whether copies of the City's bank and credit card statements from 2021 forward are required to perform the duties of councilwoman and whether the access is reasonable are factual determinations that must be made by the City Council ("Council"), subject to judicial review. If the Council determines that requested access is unreasonable or that the records are not required to perform the duties of councilwoman, the records may be requested according to the City's public records policy as referenced in your request. We suggest that you consult your municipal attorney for legal advice regarding compliance with any applicable municipal policies or ordinances.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General