Q: What are public records?
A: Public Records are “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
agency.” Tenn. Code Ann. Section 10-7-503(a)(1).
Q: Can I look at a public record?
A: The Tennessee Public Records Act provides that any citizen of Tennessee
has the right to personally inspect a public record unless there is a state law
that restricts or prohibits inspection. Tenn. Code Ann. Section 10-7-
503(a)(2)(A). In Tennessee, a request to inspect or receive copies of public
records is called a “public records request” or an “open records request.” A
number of other states and the federal government call a request for public
records a “FOIA” or “Freedom of Information Act” request.
Q: Does the Office of Open Records Counsel make open records requests for
citizens?
A: No. The Office of Open Records Counsel is not a clearinghouse for public
records requests. If a citizen has questions regarding the Tennessee Public
Records Act (“TPRA”) prior to making a request, the Office will advise the
citizen of his/her rights under the TPRA. Once a citizen makes a public
records request from a local governmental entity and a dispute arises, the
Office will serve as a mediator between the citizen and local government
official in an effort to resolve the dispute.
Q: Does the Office of Open Records Counsel mediate open records disputes
between citizens and state government officials?
A: No. The Office of Open Records Counsel only mediates public records
disputes between local governmental entities and citizens.
Q: Is there one specific place that a requestor or local government official can
look to find all of the exceptions to the Tennessee Public Records Act?
A: No. The exceptions are found throughout the Tennessee Code Annotated as
well as in common law, court rules, and federal law.
Q: Can a records custodian require a requestor to provide identification in order
to either inspect or receive copies of public records?
A: Yes. Tenn. Code Ann. Section 10-7-503(a)(7)(A) allows a records custodian
to require any citizen making a request to inspect or receive copies of public records to present government issued photo identification, which includes the citizen's address. If the citizen does not possess government issued photo identification that includes an address, the records custodian may accept other forms of identification.
Q: Can a records custodian require a requestor to pay a fee to inspect public
records?
A: No. Tenn. Code Ann. Section 10-7-503(a)(7)(A) clearly prohibits a records
custodian from assessing "a charge to view public records” unless the charge
is “otherwise required by law."
Q: Can a records custodian require a request to inspect public records to be in
writing? What about a request for copies of public records?
A: No and Yes. A records custodian may not "require a written request...to view
a public record unless otherwise required by law. However, a records
custodian may require a request for copies to be in writing." Tenn. Code
Ann. Section 10-7-503(a)(7)(A).
Q: Is a records custodian required to immediately produce requested records?
A: No. If the records are readily available and there is no need to review and
redact, then the records should be made available as “promptly” as possible.
However, if it is not “practicable” for the records to be made “promptly”
available, the records custodian is required to take one (1) of the following
three (3) actions within seven (7) business days: make the records available
to the requestor; deny the request in writing with the basis of the denial
included; or provide the requestor a written explanation of how long it will take
to produce the request.
Q: What are the permitted per page charges for copies of public records?
A: A governmental entity is allowed to charge 15 cents ($0.15) per 8 ½ x11 or
8 ½ x14 black and white copy and 50 cents ($0.50) per 8 ½ x11 or 8 ½ x14
color copy, unless the entity has done a cost analysis that proves that the
entity’s cost to produce a copy exceeds the threshold amount set out above.
Q: May a records custodian charge a requestor for the labor/staff time involved
in producing requested copies?
A: Yes. Tenn. Code Ann. Section 10-7-503(a)(7)(C) allows a records custodian
to charge a requestor the “hourly wage of the employee(s) reasonably necessary to produce the requested information” after one (1) hour of work has been done by the custodian in producing the requested material.
Q: Can a local police/sheriff’s department charge a flat fee for an accident or
incident report?
A: No. A local police/sheriff’s department is not permitted to charge a flat fee for
an accident or incident report. The department is permitted to charge 15
cents ($0.15) per 8 ½ x11 or 8 ½ x14 page, unless a cost analysis has been
done to prove that the department’s per page cost exceeds 15 cents ($0.15).
Q: Who can request an opinion from the Office of Open Records Counsel?
A: Both citizens of Tennessee and local government officials can request
an informal advisory opinion.
