Last updated October 26, 2026. This page lists what Mississippi law requires of MDAH, its director, its board and its records offices. Quotes are from the 2025 Mississippi Code as published by Justia; check the official code before citing in court. Officials are listed on the MDAH Leadership page.
The Director (§ 39-5-7)
- Oath: “He shall take an oath of office as do other state officials, and shall be commissioned in like manner.”
- Term: six years, “and until his successor is elected and qualified.” Elected by the Board of Trustees.
- Control: has “the control and direction of the work and operations of the department.”
- Custody: shall “preserve its collection, care for the official archives that may come into his custody,” and collect materials on the state’s history.
- Reporting: “shall make a report of the expenses of the department to the legislature.”
- Disposal consent (§ 25-59-21): “No person may destroy, sell, loan or otherwise dispose of any public record without the consent of the director.”
- State Records Committee (§ 25-59-7): serves as chairman and schedules its meetings.
- Board (§ 39-5-3): serves as secretary of the Board of Trustees.
The Board of Trustees (§§ 39-5-3, 39-5-5)
- Nine trustees control the department and serve six-year terms.
- Vacancies are filled by the board; new members go to the next State Senate session for confirmation.
- At least one regular meeting a year at the State Capitol; five members are a quorum.
- Adopts rules for itself and the department, and elects the director.
- Identifies places of historical interest, surveys endangered historic buildings, acquires and preserves historic property, accepts grants, places historical markers, and manages the Mississippi Historic Site Preservation Fund (§ 39-5-5).
The department’s records duties (§ 25-59-9)
- Adopt rules binding on all agencies, published under the Administrative Procedures Law.
- Run a records management program, “including a records center,” and a central microfilming program for state agencies.
- “Establish safeguards against unauthorized or unlawful removal or loss of records.”
- “Initiate appropriate action to recover records removed unlawfully or without authorization.”
- Run a vital records program with each agency, including preservation duplicates.
Disposal rules (§ 25-59-21)
MDAH must adopt rules, binding on all state agencies, that include “procedures for complying and submitting to the department lists and schedules of records proposed for disposal; procedures for the physical destruction or other disposal of records; and standards for the reproduction of records.”
State Records Committee (§ 25-59-7)
Members: the Governor, State Registrar of Vital Records, State Auditor, Secretary of State, and MDAH Director, or their designees. The committee reviews, approves, rejects, amends or modifies agency records control schedules. Approved schedules “shall be authoritative and directive, and shall have the force and effect of law.” Three members can decide a schedule. Each agency may appeal to the committee.
Local Government Records Office (§ 39-5-9)
Trains counties and cities on records management, sets records standards, prepares local records control schedules for the Local Government Records Committee, and sets standards for local records storage.
Reports
- § 39-5-22(15): yearly report to the Lieutenant Governor, Speaker, House and Senate Appropriations chairs and Legislative Budget Office on Historic Site Preservation Fund grants, first due December 1, 2024.
- General Schedule 30 (approved April 16, 2026): each agency gives the State Archives a copy of its annual report, and one to the Library Commission under § 25-51-1.
Public records duties (§ 25-61-5)
- Produce or deny a requested record within 7 working days.
- If more time is needed, explain why in writing; production may not be later than 14 working days unless both sides agree.
- Any denial must be in writing and name “the specific exemption relied upon.”
- Keep a file of all denials for at least three years, open to inspection on written request.
Penalty (§ 25-59-23)
Theft, or deliberate alienation, alteration or destruction of records not authorized by an approved records control schedule, is a misdemeanor punishable by a fine of $500 to $1,000.