HARRISON COUNTY DEVELOPMENT COM'N v. Kinney

920 So. 2d 497, 2006 Miss. App. LEXIS 51, 2006 WL 120083
CourtCourt of Appeals of Mississippi
DecidedJanuary 17, 2006
Docket2004-CA-00901-COA
StatusPublished
Cited by9 cases

This text of 920 So. 2d 497 (HARRISON COUNTY DEVELOPMENT COM'N v. Kinney) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
HARRISON COUNTY DEVELOPMENT COM'N v. Kinney, 920 So. 2d 497, 2006 Miss. App. LEXIS 51, 2006 WL 120083 (Mich. Ct. App. 2006).

Opinion

920 So.2d 497 (2006)

HARRISON COUNTY DEVELOPMENT COMMISSION, Appellant
v.
Henry W. KINNEY, Appellee.

No. 2004-CA-00901-COA.

Court of Appeals of Mississippi.

January 17, 2006.

*498 Walter James White, Gulfport, Henry Allen, attorneys for appellant.

Reilly Morse, Gulfport, attorney for appellee.

Before KING, C.J., CHANDLER and BARNES, JJ.

KING, C.J., for the Court.

¶ 1. On September 12, 2000, the Harrison County Development Commission (HCDC) and F.E.B. Distributing Company, Inc. (FEB)[1] filed a complaint for declaratory *499 judgment in the Harrison County Chancery Court against Henry W. Kinney, asking the court to find that HCDC and FEB had complied with all of Kinney's public records requests. The chancellor found that HCDC willfully and knowingly denied Kinney access to certain records not exempt under the Public Records Act ("Act"). HCDC was then ordered to produce those records not specifically exempt, and pay a $100 civil penalty, as well as $8,160 in attorney's fees. After denying HCDC's motion for reconsideration, the chancellor awarded Kinney an additional $2,205 in attorney's fees. After providing Kinney with most of the records ordered by the chancellor, HCDC appeals three issues for this Court's consideration:

(1) Whether the chancellor erred in ordering production of gross salary information and accrued time leave from Michael Olivier's file;

(2) Whether the chancellor erred in holding that HCDC willfully and knowingly denied Kinney access, imposing a $100 penalty and $10, 365.00 in attorney's fees; and

(3) Whether the Court erred in denying HCDC's Request for Protective Order

Finding no error in the chancellor's decision, we affirm.

FACTS

¶ 2. HCDC is a political subdivision of the State of Mississippi, organized pursuant to Mississippi Code Annotated §§ 59-9-1 to -89 (Rev.2004). Its mission is the economic and industrial development of Harrison County, Mississippi. HCDC manages four industrial parks and one commercial park. It is governed by twelve appointed commissioners. Executive director, Michael Olivier, is responsible for day to day operations.

¶ 3. Henry Kinney, a Harrison County resident who lives about 5/8 of a mile from HCDC's Long Beach Industrial Park in Pass Christian, initially became interested in HCDC upon the clearing of land in HCDC's park that would become the aggregate distribution plant of Conrad Yelvington Distributors, Incorporated (Yelvington)[2]. Wanting more information about the plant and HCDC, Kinney made several requests to HCDC for access to its public records. Kinney's first request on December 21, 1999 asked for the following:

(1) All files, records, books, and/or correspondence of any nature or kind whatsoever having to do with the construction of a railroad spur by or for the Harrison County Development Commission in or near the Long Beach Industrial Park. This request should include, but is not limited to, any and all files, records, and/or correspondences involving the Harrison County Development Commission and any Federal or other governmental agency that issued grants or other financial or technical assistance for the construction of the railroad spur located in or near the Long Beach Industrial Park. Further, this request should include, but is not limited to any and all engineering reports and/or studies in connection with this railroad spur referenced above.
(2) Any and all files, records, books and/or correspondence of any nature of kind whatsoever having to do with the appointment and terms of all of the Commissioners of the Harrison County Development Commission. This request *500 includes, but is not limited to, files that show the term of each Commissioner. I also request any and all records of attendance of the Commissioner[s] on the Harrison County Development Commission beginning on January 1, 1997, to date.
(3) Any and all files, records, books, and/or correspondence of any nature of kind whatsoever, including engineering reports involving the Harrison County Development Commission and the United States Corps of Engineers for property in or adjacent to the Long Beach Industrial Park.
(4) Any and all reports, audits, or accounting statements or letters or correspondence involving the auditors or bookkeepers of the Harrison County Development Commission for the years 1996 to date. This request should include any correspondence between the auditors and the Development Commission. This request should also include all audits or statement of accounts prepared by outside auditors for the Harrison County Development Commission for the like period of time.
(5) All invoices of Brown & Mitchell to the Harrison County Development Commission or for the account of the Harrison County Development Commission from January 1, 1997 to date.
(6) The entire personnel file of Michael Olivier.
(7) The entire bookkeeping and accounting file for payments of any nature or kind whatsoever for Michael Olivier from January 1, 1997, to date. Included in this request are records of any payments to Michael Olivier for automobile allowance, deferred compensation, disability and/or reimbursements. This should include, but is not limited to, copies of all receipts for all claims for reimbursements.
(8) Any and all correspondence between the Harrison County Development Commission and the Attorney General of the State of Mississippi from January 1, 1997, to date. This request should include any request for opinions from the Harrison County Development Commission to the Attorney General for the State of Mississippi and response thereto for this time period.

¶ 4. Pursuant to the Mississippi Public Records Act ("Act"),[3] HCDC had previously adopted a policy for making public records within its possession accessible to the public.[4] Based on its policy, HCDC granted Kinney's request on December 30, 1999, and informed him of his right to inspect the documents on January 7, 2000. However, HCDC held that Michael Olivier's personnel file was exempt under the Act. Kinney reviewed HCDC's minute books on January 11, 2000, and received ninety-two pages of requested documents on January 18, 2000. Pursuant to HCDC's policy, the reproduction costs for the ninety-two pages totaled $46.

¶ 5. After the inspection, Kinney and HCDC exchanged several correspondence, beginning with Kinney's letter of July 21, 2000, in which he complained that he had only been provided HCDC's minute books for 1998 and 1999. HCDC then responded *501 on July 24, 2000, stating that Kinney's requests were overly broad and required an undue burden on HCDC's staff. HCDC also claimed that some of Kinney's requests contained proprietary information of third parties in violation of the Act. HCDC responded specifically to each of Kinney's requests by claiming that the information was either given to Kinney, contained in HCDC's minutes, or was exempt under the Act.

¶ 6. HCDC wrote Kinney again on August 29, 2000 answering each of Kinney's requests. In response to Kinney's requests regarding the railroad spur and the Corps of Engineers, HCDC informed him that it was necessary to prepay a $65 per hour staff cost, and to coordinate an appointment with staff for the production of the documents which HCDC agreed to produce.

¶ 7.

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Bluebook (online)
920 So. 2d 497, 2006 Miss. App. LEXIS 51, 2006 WL 120083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-county-development-comn-v-kinney-missctapp-2006.