Tennessee § 10-7-503 - Records open to public inspection — Schedule of reasonable charges — Costs — Destruction of public records.

§ 10-7-503. Records open to public inspection — Schedule of reasonable charges — Costs — Destruction of public records.

As used in this part and title 8, chapter 4, part 6: “Public record or records” or “state record or records”: Means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental entity; and Does not include the device or equipment, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment, that may have been used to create or store a public record or state record; “Public records request coordinator” means any individual within a governmental entity whose role it is to ensure that public records requests are routed to the appropriate records custodian and that requests are fulfilled in accordance with § 10-7-503(a)(2)(B); and “Records custodian” means any office, official, or employee of any governmental entity lawfully responsible for the direct custody and care of a public record. All state, county and municipal records shall, at all times during business hours, which for public hospitals shall be during the business hours of their administrative offices, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. The custodian of a public record or the custodian's designee shall promptly make available for inspection any public record not specifically exempt from disclosure. In the event it is not practicable for the record to be promptly available for inspection, the custodian shall, within seven (7) business days: Make the information available to the requestor; Deny the request in writing or by completing a records request response form developed by the office of open records counsel. The response shall include the basis for the denial; or Furnish the requester in writing, or by completing a records request response form developed by the office of open records counsel, the time reasonably necessary to produce the record or information. Failure to respond to the request as described in subdivision (a)(2) shall constitute a denial and the person making the request shall have the right to bring an action as provided in § 10-7-505. This section shall not be construed as requiring a governmental entity to sort through files to compile information or to create or recreate a record that does not exist. Any request for inspection or copying of a public record shall be sufficiently detailed to enable the governmental entity to identify the specific records for inspection and copying. Information made confidential by state law shall be redacted whenever possible, and the redacted record shall be made available for inspection and copying. The redaction of confidential information shall not constitute the creation of a new record. Costs associated with redacting records, including the cost of copies and staff time to provide redacted copies, shall be borne as provided by law. A governmental entity is prohibited from avoiding its disclosure obligations by contractually delegating its responsibility to a private entity. A governmental entity shall not require a written request or assess a charge to view a public record unless otherwise required by law. Requests to view public records may be submitted in person or by telephone, fax, mail, or email if the governmental entity uses such means of communication to transact official business, or via internet portal if the governmental entity maintains an internet portal that is used for accepting public records requests. A governmental entity may require a request for copies of public records to be: In writing; On a form that complies with subsection (c); or On a form developed by the office of open records counsel. (iii) If a governmental entity does not require a request for copies to be in writing or on a form in accordance with subdivision (a)(7)(A)(ii), then a request for copies of public records may be submitted as provided in subdivision (a)(7)(A)(i). (iv) If a governmental entity requires a request to be in writing under subdivision (a)(7)(A)(ii)(a ), the records custodian of the governmental entity shall accept any of the following: A records custodian may require a requestor to pay the custodian's reasonable costs incurred in producing the requested material and to assess the reasonable costs in the manner established by the office of open records counsel pursuant to § 8-4-604. The records custodian shall provide a requestor an estimate of the reasonable costs to provide copies of the requested material. [Deleted by 2020 amendment.] Except as provided in § 10-7-504(g), all law enforcement personnel records shall be open for inspection as provided in subsection (a); however, whenever the personnel records of a law enforcement officer are inspected as provided in subsection (a), the custodian shall make a record of such inspection and provide notice, within three (3) days from the date of the inspection, to the officer whose personnel records have been inspected: That such inspection has taken place; The name, address and telephone number of the person making such inspection; For whom the inspection was made; and The date of such inspection. Any person making an inspection of such records shall provide such person's name, address, business telephone number, home telephone number, driver license number or other appropriate identification prior to inspecting such records. All records of any association or nonprofit corporation described in § 8-44-102(b)(1)(E)(i) shall be open for inspection as provided in subsection (a); provided, that any such organization shall not be subject to the requirements of this subsection (d) so long as it complies with the following requirements: The board of directors of the organization shall cause an annual audit to be made of the financial affairs of the organization, including all receipts from every source and every expenditure or disbursement of the money of the organization, made by a disinterested person skilled in such work. Each audit shall cover the period extending back to the date of the last preceding audit and it shall be paid out of the funds of the organization; Each audit shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9) for local governments; The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards, and determining whether the audits meet minimum audit standards which shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until such audit has been approved by the comptroller of the treasury; The audits may be prepared by a certified public accountant, a public accountant or by the department of audit. If the governing body of the municipality fails or refuses to have the audit prepared, the comptroller of the treasury may appoint a certified public accountant or public accountant or direct the department to prepare the audit. The cost of such audit shall be paid by the organization; Each such audit shall be completed as soon as practicable after the end of the fiscal year of the organization. One (1) copy of each audit shall be furnished to the organization and one (1) copy shall be filed with the comptroller of the treasury. The copy of the comptroller of the treasury shall be available for public inspection. Copies of each audit shall also be made available to the press; and In addition to any other information required by the comptroller of the treasury, each audit shall also contain: A listing, by name of the recipient, of all compensation, fees or other remuneration paid by the organization during the audit year to, or accrued on behalf of, the organization's directors and officers; A listing, by name of recipient, of all compensation and any other remuneration paid by the organization during the audit year to, or accrued on behalf of, any employee of the organization who receives more than twenty-five thousand dollars ($25,000) in remuneration for such year; A listing, by name of beneficiary, of any deferred compensation, salary continuation, retirement or other fringe benefit plan or program (excluding qualified health and life insurance plans available to all employees of the organization on a nondiscriminatory basis) established or maintained by the organization for the benefit of any of the organization's directors, officers or employees, and the amount of any funds paid or accrued to such plan or program during the audit year; and A listing, by name of recipient, of all fees paid by the organization during the audit year to any contractor, professional advisor or other personal services provider, which exceeds two thousand five hundred dollars ($2,500) for such year. Such listing shall also include a statement as to the general effect of each contract, but not the amount paid or payable thereunder. This subsection (d) shall not apply to any association or nonprofit corporation described in § 8-44-102(b)(1)(E)(i), that employs no more than two (2) full-time staff members. This subsection (d) shall not apply to any association, organization or corporation that was exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), as of January 1, 1998, and which makes available to the public its federal return of organization exempt from income tax (Form 990) in accordance with the Internal Revenue Code and related regulations. [Deleted by 2020 amendment.] All records, employment applications, credentials and similar documents obtained by any person in conjunction with an employment search for a director of schools or any chief public administrative officer shall at all times, during business hours, be open for personal inspection by any citizen of Tennessee, and those in charge of such records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. For the purposes of this subsection (f), the term “person” includes a natural person, corporation, firm, company, association or any other business entity. No later than July 1, 2018, every county and municipal governmental entity subject to this section shall establish a written public records policy properly adopted by the appropriate governing authority. The public records policy shall not impose requirements on those requesting records that are more burdensome than state law and shall include: The process for making requests to inspect public records or receive copies of public records and a copy of any required request form; The process for responding to requests, including redaction practices; A statement of any fees charged for copies of public records and the procedures for billing and payment; and The name or title and the contact information of the individual or individuals within such governmental entity designated as the public records request coordinator. No later than January 1, 2019, state governmental entities shall promulgate rules regarding public records, which must meet the requirements under subdivisions (g)(1)(A)-(D). Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act. Any written public records policy of a state governmental entity adopted prior to April 12, 2018, if any, remains in full force and effect until the state governmental entity adopts rules in accordance with this subdivision (g)(2). Notwithstanding any law to the contrary, a governmental entity shall not authorize the destruction of public records subject to disclosure under this part if the governmental entity knows the records are subject to a pending public record request submitted to the governmental entity. Prior to authorizing the destruction of public records, a governmental entity shall contact the public record request coordinator to ensure the records subject to destruction are not subject to any pending public record requests submitted to the governmental entity. A governmental entity that authorizes the destruction of public records in violation of this part may be fined up to five hundred dollars ($500) by a court of competent jurisdiction. A governmental entity is not liable under this subsection (h) for authorizing the destruction of public records if the governmental entity contacted the respective records custodian in accordance with subdivision (h)(2) and received notice from the records custodian that the records were not subject to a pending public record request. This subsection (h) does not absolve a public official from criminal liability for intentionally or knowingly altering or destroying a public record in violation of § 39-16-504. This subsection (h) does not prohibit a records custodian from disposing of public records in accordance with an established records retention schedule or records retention policy as part of the ordinary course of business when the records custodian is without knowledge that the records are subject to a pending public record request. Written or electronic correspondence regarding a public record request, including, without limitation, forms, emails, letters, facsimiles, and other attachments must be retained by the respective records custodian for not less than twelve (12) months. This subdivision (h)(7) does not apply to the public records subject to the request. A request submitted in person or by mail; An email request if the governmental entity uses email to transact official business; and A request submitted on an electronic form via internet portal if the governmental entity maintains an internet portal that is used for accepting public records requests. (v) If a governmental entity requires that a request for copies of public records be made on a form as provided in subdivision (a)(7)(A)(ii), then the governmental entity shall provide such form in the most expeditious means possible when the form is requested. (vi) A governmental entity may require any person making a request to view or make a copy of a public record to present a government-issued photo identification, if the person possesses photo identification, that includes the person's address. If a person does not possess photo identification, the governmental entity may require other forms of identification acceptable to the governmental entity. (vii) Notwithstanding any other law to the contrary: If a person makes two (2) or more requests to view a public record within a six-month period and, for each request, the person fails to view the public record within fifteen (15) business days of receiving notification that the record is available to view, the governmental entity is not required to comply with any public records request from the person for a period of six (6) months from the date of the second request to view the public record unless the governmental entity determines failure to view the public record was for good cause; and If a person makes a request for copies of a public record and, after copies have been produced, the person fails to pay to the governmental entity the cost for producing such copies, the governmental entity is not required to comply with any public records request from the person until the person pays for such copies; provided, that the person was provided with an estimated cost for producing the copies in accordance with subdivision (a)(7)(B)(ii) prior to producing the copies and the person agreed to pay the estimated cost for such copies. Acts 1957, ch. 285, § 1; T.C.A., § 15-304; Acts 1981, ch. 376, § 1; 1984, ch. 929, §§ 1, 3; 1991, ch. 369, § 7; 1993, ch. 475, § 1; 1998, ch. 1102, §§ 2, 4; 1999, ch. 514, § 1; 2000, ch. 714, § 1; 2005, ch. 263, § 1; 2007, ch. 425, § 1; 2008, ch. 1179, § 1; 2011, ch. 353, § 1; 2016, ch. 722, §§ 1-4; 2017, ch. 233, § 1; 2018, ch. 712, § 1; 2020, ch. 676, §§ 1-3; 2020, ch. 738, § 1. Code Commission Notes. Former § 10-7-503(a)(2)(C)(iii) provided that, following the development of the schedule of reasonable charges by the office of open records counsel, the office of open records counsel shall notify the code commission. When the code commission receives the notice, subdivision (a)(2)(C) shall no longer apply and the language in subdivision (a)(2)(C) shall be repealed and deleted by the code commission. The code commission has been advised by the comptroller's office that the office of open records counsel has developed a schedule of reasonable charges. See this link for more information: https://comptroller.tn.gov/content/dam/cot/orc/documents/oorc/policies-and-guidelines/ScheduleofReasonableCharges.pdf. Amendments. The 2020 amendment by ch. 676, in (a)(2)(B)(iii), substituted “requester in writing, or by completing a” for “requester a completed” and deleted “stating” following “records counsel”; deleted former (b), which read, “The head of a governmental entity may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to maintain the confidentiality of records concerning adoption proceedings or records required to be kept confidential by federal statute or regulation as a condition for the receipt of federal funds or for participation in a federally funded program.”; deleted former (e), which read, “All contingency plans of law enforcement agencies prepared to respond to any violent incident, bomb threat, ongoing act of violence at a school or business, ongoing act of violence at a place of public gathering, threat involving a weapon of mass destruction, or terrorist incident shall not be open for inspection as provided in subsection (a)”. The 2020 amendment by ch. 738 added (h). Effective Dates. Acts 2020, ch. 676, § 6, June 15, 2020. Acts 2020, ch. 738, § 2. June 22, 2020. Cross-References. Confidentiality of information in legislative computer system, § 3-10-108 . Confidentiality of library records, title 10, ch. 8. Mental health records, § 33-3-103 . Public inspections and copying of agency rules, final orders and decisions, § 4-5-218 . Rule Reference. This section is referred to in Rule 34 of the Rules of the Supreme Court of Tennessee. Textbooks. Tennessee Jurisprudence, 14 Tenn. Juris., Hospitals, § 2; 21 Tenn. Juris., Privacy, Right of, § 3. Law Reviews. Symposium – Memphis in the Law: The Story of the Disappearing Season: Should Strict Liability Be Used in the NCAA Infractions Process? (Sheri Lipman), 41 U. Mem. L. Rev. 847 (2011). The Tennessee Public Records Act and Statutory Exceptions “Otherwise Provided by State Law” (Craig E. Willis), 43 Tenn B.J. 20 (2007). Updating Tennessee's Public Records Law (Douglas Pierce), 24 No. 5 Tenn. B.J. 24 (1988). Your Right to Look Like an Ugly Criminal: Resolving the Circuit Split over Mug Shots and the Freedom of Information Act, 66 Vand. L. Rev. 1573 (2013). Embracing Our Public Purpose: A Value-Based Lawyer-Licensing Model, 48 U. Mem. L. Rev. 351 (2017). Fourth Amendment Searches in First Amendment Spaces: Balancing Free Association with Law and Order in the Age of the Surveillance State, 50 U. Mem. L. Rev. 231 (Fall 2019). Attorney General Opinions. Status of “911 tapes” under Public Records Act, OAG 93-65, 1993 Tenn. AG LEXIS 67 (11/29/93). Student evaluations of professors as public records, OAG 93-67, 1993 Tenn. AG LEXIS 70 (11/30/93). Pre-1951 adoption records and birth certificates, OAG 94-015, 1994 Tenn. AG LEXIS 11 (2/4/94). Identification and notice requirement for access to public information under § 2-10-111 , OAG 98-040, 1998 Tenn. AG LEXIS 40 (2/9/98). Public access to information on transit authority board members, OAG 99-011, 1999 Tenn. AG LEXIS 3 (1/25/99). Confidentiality of 911 tapes used in pending criminal investigation, OAG 99-022, 1999 Tenn. AG LEXIS 29 (2/9/99). Health care provider's license and license application are public records, OAG 99-061, 1999 Tenn. AG LEXIS 38 (3/10/99). Denial of non-resident's request for copies of public traffic citations, OAG 99-067, 1999 Tenn. AG LEXIS 67 (3/18/99). Crime victim's notice and opportunity to object to release of personal information, OAG 99-069, 1999 Tenn. AG LEXIS 69 (3/22/99). Confidentiality of university student disciplinary records, OAG 99-106, 1999 Tenn. AG LEXIS 106 (5/10/99). Confidentiality of public employee's drug-free workplace program records in personnel records, OAG 99-126, 1999 Tenn. AG LEXIS 127 (6/29/99). Access to tape recordings of court proceedings, OAG 99-139, 1999 Tenn. AG LEXIS 169 (7/27/99). Tape recordings of court proceedings, OAG 99-140, 1999 Tenn. AG LEXIS 168 (7/27/99). The records of expenses and names of cases defended by the Tennessee municipal league risk management pool are not “public records” as the pool has excepted itself under T.C.A. § 10-7-503(d)(1) , OAG 01-014, 2001 Tenn. AG LEXIS 14 (1/30/01). T.C.A. § 10-7-503 does not authorize a local government body to charge a fee for allowing inspection of a public record or for researching and/or locating non-current public records for review by a citizen; further, conditioning the right to inspect a public record upon the payment of a fee would be tantamount to denying the statutory right of inspection, OAG 01-021, 2001 Tenn. AG LEXIS 21 (2/8/01). T.C.A. § 10-7-503 does not permit a local government to require a state resident to first schedule an appointment with a local government before being allowed to inspect a public record, OAG 01-021, 2001 Tenn. AG LEXIS 21 (2/8/01). If a local government chooses to store a record in a format accessible only via a computer, videotape player, or audiotape player, the local government must provide a means of accessing such record on-site at the designated local government office, OAG 01-021, 2001 Tenn. AG LEXIS 21 (2/8/01). Assuming that T.C.A. § 10-7-503(d)(1) is applicable to the Tennessee school boards association, it is not clear whether applications, credentials, letters of recommendation, resumes, and similar material submitted directly to and held by the association on behalf of a local board of education as part of a process of assisting a board of education in hiring a director of schools would be open for public inspection where these documents would otherwise be sent directly to the board of education, OAG 01-069, 2001 Tenn. AG LEXIS 60 (5/2/01). The Tennessee Public Records Act requires public disclosure of the names, addresses, and ages of area non-public school students that are in the hands of a public school system pursuant to T.C.A. § 49-6-3007 , and the federal Family Educational Rights and Privacy Act would not deny federal funds to schools using this data to advertise their magnet schools to students in area private, parochial, and denominational schools, OAG 01-101, 2001 Tenn. AG LEXIS 92 (6/22/01). Persons who are not citizens of Tennessee may be denied access to public records, and such denial does not violate the privileges and immunities clause of U.S. Const. Amend. XIV, OAG 01-132, 2001 Tenn. AG LEXIS 139 (8/22/01). Neither the Public Records Act, T.C.A. §§ 10-7-503 and 10-7-504 , nor T.C.A. § 4-4-125 governs the other; instead the latter statute creates an exception to the former statutes, OAG 02-016, 2002 Tenn. AG LEXIS 17 (2/6/02). County register's office which makes all its public records available on the internet may remove records regarding military discharges from the internet while continuing to make other types of public documents available, OAG 02-133, 2002 Tenn. AG LEXIS 141 (12/18/02). If Tennessee school boards association is a private non-profit association as described in T.C.A. § 8-44-102(b)(1)(E)(i) with more than two full-time staff members, but has failed to fully comply with the audit requirements of T.C.A. § 10-7-503(d)(1) , then its records would be public records open for inspection under T.C.A § 10-7-503(a) , OAG 03-042, 2003 Tenn. AG LEXIS 47 (4/14/03). Public inspection of e-mails sent to a state legislator, OAG 05-099, 2005 Tenn. AG LEXIS 103 (6/20/05). Access to recordings of 911 calls and law enforcement radio transmissions, OAG 05-155, 2005 Tenn. AG LEXIS 157 (10/13/05). Utility districts are subject to the Public Records Act, OAG 06-028, 2006 Tenn. AG LEXIS 28 (2/8/06). Working papers of a municipality's audit committee and internal auditor are public records and subject to inspection under the Public Records Act, OAG 06-060, 2006 Tenn. AG LEXIS 61 (4/5/06). Duties and responsibilities of a records custodian under the Public Records Act, OAG 06-069, 2006 Tenn. AG LEXIS 78 (4/12/06). Confidentiality of records from reserve audit of governmental pool, OAG 06-104, 2006 Tenn. AG LEXIS 113 (6/23/06). The release of pole attachment rates received by the Tennessee advisory commission on intergovernmental relations would not violate any state or federal law, OAG 06-129, 2006 Tenn. AG LEXIS 146 (8/15/06). Inspection of investigative reports and other evidence sent to the district attorney general in anticipation of potential criminal litigation, OAG 07-039, 2007 Tenn. AG LEXIS 39 (4/2/07). Health Insurance Portability and Accountability Act/TennCare/Medicaid interplay, OAG 07-165, 2007 Tenn. AG LEXIS 165 (12/14/07). Confidentiality of hotel/motel and gross receipts tax information. OAG 12-20, 2012 Tenn. AG LEXIS 20 (2/22/12). Inspection under Public Records Act of applications for position of clerk and master. OAG 14-59, 2014 Tenn. AG Lexis 61 (5/30/14) Release of Health Insurance Information for Members of the Tennessee General Assembly. OAG 15-48, 2015 Tenn. AG LEXIS 51 (6/5/15). Availability of student directory information. OAG 15-55, 2015 Tenn. AG LEXIS 55 (7/2/15). Any records obtained by a third party in conjunction with an employment search for a director of schools for a school board are public records and subject to inspection under T.C.A. § 10-7-503(f) . Additionally, if the third party is one whose “origin and authority may be traced to state, city, or county legislative action,” then its meetings are subject to the Open Meetings Act. OAG 16-16, 2016 Tenn. AG LEXIS 16 (5/4/2016). The identity of donors and the amounts of donations made to the Tennessee State Museum Foundation are not required to be disclosed under the Tennessee Public Records Act. OAG 16-33, 2016 Tenn. AG LEXIS 33 (8/26/2016). To the extent a social media account created and maintained by a municipality is made “pursuant to law or ordinance or in connection with the transaction of official business,” that account and any comments posted on the account constitute public records subject to inspection under the Tennessee Public Records Act. The Act does not address whether comments posted on a municipal social media account are subject to removal or censorship. It only provides a statutory right of inspection of public records to Tennessee citizens. Furthermore, to the extent a municipality has any “public records” with respect to the appointment and identity of an administrator of a municipal social media account, those records are subject to inspection under the Tennessee Public Records Act. OAG 16-47, 2016 Tenn. AG LEXIS 46 (12/22/2016). A records custodian of municipal public records is required to respond to a public records request. If a records custodian denies a request for public records or otherwise fails to timely respond to the request in accordance with the statutory procedures, the Tennessee citizen making the request may bring an action pursuant to T.C.A. § 10-7-505 in chancery or circuit court for the county in which the records are situated for judicial review of the denial of access to the requested records. A member of the public may also consult with the Office of Open Records Counsel, who has the authority to answer questions, to issue informal advisory opinions, and to informally mediate and assist with the resolution of issues concerning the open records laws. OAG 16-47, 2016 Tenn. AG LEXIS 46 (12/22/2016). State law does not prohibit elected state officials from using state property, including the Executive Residence, for campaign-related activities. Tennessee’s Campaign Financial Disclosure Act would require the disclosure of expenditures incurred for such campaign-related activities on state property if they constitute either a “contribution” or an “expenditure” as defined under the Act. To the extent that the Governor’s non-personal schedule, including events at the Executive Residence, meets the definition of “public record” as set forth in T.C.A. § 10-7-503(a)(1)(A) , then it is subject to disclosure under Tennessee’s Public Records Act, unless a state law provides otherwise. OAG 16-48, 2016 Tenn. AG LEXIS 47 (12/22/2016). If the state or local government official is the records custodian of the requested public records, then Tennessee’s Public Records Act generally requires that, if practicable, the records custodian make the public records available for inspection during normal business hours, unless a state law provides otherwise with respect to the openness of the requested records. Tennessee’s Public Records Act does not require a records custodian to provide certified copies of public records in response to an oral or written request. OAG 18-23, 2018 Tenn. AG LEXIS 22 (5/30/2018).