Tennessee Open Records Act

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State laws
How to ask for records
Transparency headlines
Statutory changes
Notable FOIA requests
State Open Meeting Laws
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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 Open Meetings Law legislates the methods by which public meetings are conducted.

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[edit] 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%. [1]

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.[2]

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".[3]

[edit] Features of the law

[edit] 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".[4]

However, there are currently more than 200 exemptions on the books, scattered throughout the reams and reams of text of Tennessee Code Annotated. [5]

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. [6]


[edit] What agencies are covered?

Tennessee law includes all government branches at both state and local governmental levels. Non-profits are also included in the Open Records Act.[7]

[edit] Who may request records?

See also: List of who can make public record requests by state.

Any citizen of Tennessee may request public records there. Public documents shall "be open for personal inspection by any citizen of Tennessee." [8]

[edit] Must a purpose be stated?

Tennessee law does not require a statement of purpose.

[edit] How can records be used?

Tennessee law does not restrict the use of records.

[edit] Time allowed for response

See also: Request response times by state.

Tennessee allows 7 days to respond to records requests. [9]

[edit] Fees for records

Reasonable fees may be charged for requested copies of records but not merely to view the records. [10]

[edit] Open meetings

Meetings are 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.[11]

[edit] Public Records Commission

The Tennessee Public Records Commission was created to oversee the efficient handling of public records.

[edit] 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.

[edit] Proposed changes

[edit] 2009

See also:Proposed reforms in state sunshine laws, 2009

[edit] Handgun applications

House Bill 53 [12], 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. [12] This bill was withdrawn on February 12, 2009.[12]

[edit] Handgun applications, Class A Fine

House Bill 221 [13] 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. [14]

[edit] Exempt legislature's emails

House Bill 405 [15] was introduced by Rep. Henry Fincher (D-Cookeville)and seeks to exempt legislator's emails from public scrutiny.[15] The bill was introduced in response to an open records request received from the Tennessee Center for Policy Research.[16] Its companion bill in the Senate is Senate Bill 713 [17]

Senate Bill 713[17] was introduced by Sen. Reginald Tate (D-Memphis) in response to an open records request received from the Tennessee Center for Policy Research.[16] It seeks to exempt legislator's emails from public scrutiny. [17] Its companion bill in the House is HB 405. [15]

[edit] 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.[18]

[edit] 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
Dorrier v. Dark 1976
Mayhew v. Wilde 2001
Memphis Publishing Co. v. Cherokee Children & Family Services 2002
Memphis Publishing Co. v. City of Memphis 1974
Memphis Publishing Co. v. Holt 1986
State ex rel. Wellford v. Williams 1903
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 2004

[edit] Notable requests

[edit] See also

[edit] External links

[edit] References