Tennessee Open Records Act
The Tennessee Public Records Act (Tennessee Code Annotated 10-7-101 et seq.) is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Tennessee.
The Tennessee Open Meetings Law legislates the methods by which public meetings are conducted.
To learn more about how to make a public records request in this state, please see: Tennessee FOIA procedures
Recent news
- See also: Tennessee transparency headlines
Transparency blocking
- Tennessee not putting some public records online 2009-06-17 17:58:19
- Johnson: General Assembly seeks to close inboxes to public 2009-06-17 17:48:19
- Lawmakers Dispute Closed Gun Records 2009-06-17 16:24:53
More transparency blocking news from across the country.
Litigation
- Tennessee judiciary and legislature struggle for power over the Court of Judiciary 2011-06-14 13:19:57
- OH activist sues TN over residency restriction on open records 2010-08-27 08:14:59
- Memphis police sue for blogger's name 2009-08-04 13:09:14
More FOIA litigation news from across the country.
Legislation
- Secrecy finds backers in Legislature 2009-06-17 18:08:34
- Keep gun permit information open 2009-06-17 18:06:41
- Meeting in online forums? Officials should stick to in-person sessions 2009-06-17 18:02:24
More FOIA legislation news from across the country.
Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Tennessee. For more information go the page or go to Tennessee sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Cleveland Newspapers, Inc. v. Bradley County Memorial Hospital | 1981 |
| Dorrier v. Dark | 1976 |
| Mayhew v. Wilde | 2001 |
| Memphis Publishing Co. v. Cherokee Children & Family Services | 2002 |
| Memphis Publishing Co. v. Holt | 1986 |
| State ex rel. Wellford v. Williams | 1903 |
| Swift v. Campbell | 2004 |
| Tennessean v. Bureau of TennCare | 2005 |
| Tennessean v. Electric Power Board of Nashville | 1998 |
| Tennessean v. Tennessee Department of Personnel | 2007 |
| The Tennessean v. Powers Management/Allen v. Day | 2006 |
Proposed changes
- See sample transparency legislation at the Sunshine Standard
2011
We do not currently have any legislation for Tennessee in 2011. To add some, please see WikiProject Proposed state sunshine legislation.
2010
Here are a list of 30 random bills from Tennessee from 2010. For a full list, please see Tennessee transparency legislation.
We have no current bill pages for Tennessee from 2010. This may be due to incomplete research. To add pages, please view ourproject page, WikiProject Proposed state sunshine legislation.
2009
Handgun applications
House Bill 53 [1], introduced by Rep. Eddie Bass (D-Prospect), tried to make information related to handgun permits and applications exempt from public records and make the publication of such information a felony. [1] This bill was withdrawn on February 12, 2009.[1]
Handgun applications, Class A Fine
House Bill 221 [2] is Rep. Bass' second attempt at exempting concealed-carry permit holders from the Tennessee Open Records Act. House Bill 221 only differs from the previously withdrawn House Bill 53 in that unauthorized publication of permit information would result in a fine-only misdemeanor and carry a maximun fine of $2,500, rather than being classed as a felony. [3]
Exempt legislator's emails
House Bill 405 [4] was introduced by Rep. Henry Fincher (D-Cookeville)and seeks to exempt legislator's emails from public scrutiny.[4] The bill was introduced in response to an open records request received from the Tennessee Center for Policy Research.[5] Its companion bill in the Senate is Senate Bill 713 [6]
Senate Bill 713[6] was introduced by Sen. Reginald Tate (D-Memphis) in response to an open records request received from the Tennessee Center for Policy Research.[5] It seeks to exempt legislator's emails from public scrutiny. [6] Its companion bill in the House is HB 405. [4]
2008
The law was amended in 2008 to require records custodians to respond to records requests within seven days. The new law also outlines the duties of the new state open records ombudsman, who must set a reasonable fee schedule for extensive records requests, among other things.[7]
Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Tennessee #47 in the nation with an overall percentage of 36.70%. [8]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Tennessee 16 points out of a possible 100, a letter grade of "F", and a ranking of 45 out of the 50 states.[9]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Tennessee's law as the 44th worst in the country, giving it a letter grade of "F".[10]
Features of the law
Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.
Declared legal intention
The Tennessee law does not contain and explicit statement of purpose.
What records are covered?
Records in the possession of public agencies in Tennessee are open to perusal by the public unless they are specifically exempted by statute or case law. Records are defined as any documents, no matter the physical form which are "made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency."[11]
Exemptions
However, there are currently more than 200 exemptions on the books, scattered throughout the reams and reams of text of Tennessee Code Annotated. [12]
None-the-less, Tennessee requires that exempt and non-exempt material be separated, when found in the same source, and that the non-exempt materials are released. [13]
Deliberative process
What agencies are covered?
Tennessee law includes all government branches at both state and local governmental levels. [14]
Legislature
- Ambiguous
The Tennessee Open Records Act is ambiguous as to whether or not the law applies to the legislature. While the broad definition of public body would presumably include state legislators, there is a strong exemption for documents held on the legislative computer system found at Tennessee law 30-10-108.[15]
Privatized governmental agencies
Tennessee law uses a test to determine if a private entity is considered a public body subject to the Tennessee Open Records Act. The private entity in question must perform a public function, but that alone may not be sufficient. Other factors include the entities funding, who created the entity and the degree of control that a public agency has over the private entity. [16]
Public universities
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Who may request records?
The law states that any citizen of Tennessee may request public records there. Public documents shall "be open for personal inspection by any citizen of Tennessee." [17] However, recent federal court rulings have overturned similar state specific statutes and opened up records in these states to all United States citizens.
Impact of Lee v. Minner
In 2006, a federal appeals court (the Third Circuit) in the case Lee v. Minner rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
The Third Circuit's rulings apply to Delaware, New Jersey, Virginia, Arkansas, Pennsylvania and any other state who permits access to only state citizens. As a result, the provision in the Pennsylvania Right to Know Law that prohibits non-residents from access to records is likely to be considered invalid.
Must a purpose be stated?
Tennessee law does not require a statement of purpose.
How can records be used?
Tennessee law does not restrict the use of records.
Time allowed for response
- 7 days
Tennessee allows 7 days to respond to records requests. [18]
Fees for records
Copy costs:
Reasonable fees may be charged for requested copies of records but not merely to view the records. Fees schedules are established by the Tennessee Office of Open Records Counsel [19]
Search fees:
The Tennessee Office of Open Records Counsel is encouraged to include the costs associated with search time when establishing record fee schedules. [20]
Records commissions and ombudsmen:
Public Records Commission
The Tennessee Public Records Commission was created to oversee the efficient handling of the preservation and disposal of public records.
Office of Open Records Counsel
The Tennessee Office of Open Records Counsel was created in 2008 to assist citizens in gaining access to open records. The agency is part of the office of the state comptroller.
Role of the Attorney General
There is currently no provision within the state open records law that empowers the State Department of Law to enforce the right of the public to access governmental records.
Open meetings
Meetings are governed by the Tennessee Open Meetings Law and must be open if they involve two or more members of a governing body or a body that makes recommendations to a governing body. The law allows portions of meetings to be closed if the topic is pending litigation or one-side discussions of labor negotiations. The state legislature itself is exempt from the open meetings law.[21]
Notable requests
See also
- Tennessee Public Records Commission
- Tennessee Office of Open Records Counsel
- Tennessee FOIA procedures
- Tennessee transparency headlines
- Tennessee transparency advocates
- Tennessee transparency legislation
- Private agency, public dollars-Tennessee
- Tennessee Open Meetings Law
External links
- Tennessee Code search for Title 10, Chapter 7
- Open Government Guide to Tennessee
- Past articles on Tennessee
References
- ↑ 1.0 1.1 1.2 Text & Status of HB53
- ↑ Text & Status of HB221
- ↑ Lawmakers get new shot to close gun permit records, Associated Press, February 24, 2009
- ↑ 4.0 4.1 4.2 Text & Status of HB 405
- ↑ 5.0 5.1 Johnson: General Assembly seeks to close inboxes to public, Knox News, February 27, 2009
- ↑ 6.0 6.1 6.2 Text & Status of SB 713
- ↑ Tennessee, Rhode Island improve open records laws
- ↑ 2008 BGA-Alper Integrity Index
- ↑ States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Tennessee law 10-7-301 on Michie's Legal resources
- ↑ Tennessee Coalition for Open Government, The Law, March 20, 2009
- ↑ Tennessee law 10-7-503 on Michie's Legal resources
- ↑ Tennessee law 10-7-503 on Michie's Legal resources
- ↑ RCFP Guide to Tennessee
- ↑ Private agency, public dollars-Tennessee
- ↑ Tennessee Code, search for 10-7-503
- ↑ Tennessee law 10-7-503 on Michie's Legal resources
- ↑ Tennessee law 10-7-503 on Michie's Legal resources
- ↑ Tennessee law 8-4-604 on Michie's Legal resources
- ↑ [http://tennessean.com/apps/pbcs.dll/article?AID=/20070323/NEWS01/70321057 The Tennessean, Tennessee's Sunshine Law, March 20, 2009
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