Public Records Act explained
Questions regarding the Tennessee Public Records Act recently arose in several Farragut Board of Mayor and Aldermen meetings.
“The Tennessee Public Records Act gives people the right to see most records created by government offices in the state,” Town Communications manager Wendy Smith said. “This includes things like e-mails, reports and other documents made while doing official work.
“Government agencies must let people look at these records and can only charge reasonable fees if someone wants copies,” she said. “Some records cannot be shared because they contain private or sensitive information. The law is designed to keep government actions transparent while protecting information that could harm someone’s privacy or safety if released.”
Pursuant to Tenn. Code Annotated § 8-4-604(a)(4), the “Office of Open (Public) Records Counsel is required to establish a model best practices and public records policy for use by records custodians in compliance with Tenn. Code Ann. § 10-7-503.
“Farragut follows a model of best practices and public records policy established by the State of Tennessee Comptroller of the Treasury’s (TCT) Office of Open Records Counsel,” Smith said.
The custodian, or person in charge of the documents, “must make records available, “but they are not required to create or compile information that does not already exist,” TCT’s website stated. “They can, however, petition a court to stop a person from making requests if they have made five or more requests with a perceived intent to disrupt government operations.”
The act, from the state Comptroller of the Treasury Office of Open Records (OOR) Counsel, reads: “A public records policy should balance a governmental entity’s need to function efficiently, protect confidential information and maintain the integrity of records with the public’s right to access records pursuant to the Tennessee Public Records Act.
However, “any practices and procedures, including charging fees, should not be used to hinder the exercise of rights granted to citizens under the TPRA,” it stated.
To see the Town’s public record ordinance and access the digital Public Records Request form, visit www.townoffarragut.org/records.
“Paper copies of the form can also be completed in the Town of Farragut reception office on the second floor of Town Hall,” Smith said. “Once submitted, the Town has seven days to respond with requested records, a written denial that includes a legal basis for the denial or a response with the time needed to produce requested records.
“The Town of Farragut has received 12 public records requests since Sept. 1, and most have been simple and easy to fill, like historical property data or permit information, Town administrator David Smoak said. “Others will require searching through 10 years of data, which will take hundreds of hours of staff time.”
Regarding process, the Best Practices and Guidelines stated, “a governmental entity should identify exemptions under the TPRA that apply to its records,” it stated. “In the event it is not practicable to promptly respond to a request, a governmental entity shall respond to a record request in one of the three manners as set forth in Tenn. Code Ann.
§ 10-7-503(a)(2)(B): A governmental entity must use the Public Records Request Response Form developed by the OORC; Denials must be in writing and, if required in the governmental entity’s public records policy, on a particular form.
“If the form is not specified in the policy, a records custodian may use the Public Records Request Response Form developed by the OORC. F. Any form(s) required for requesting copies of records should be made readily available,” Best Practices and Guidelines stated.
It further stated, “A records custodian is obligated to keep confidential information confidential.
“A records custodian is obligated to maintain the integrity of records,” it stated. “Redaction (the process of editing or censoring) obscures or removes confidential information.
“A records custodian should never redact original documents unless the custodian is advised by counsel to do so,” the state policy stated. “A records custodian should copy a redacted document to make sure the confidential information cannot be seen through the redaction.
“In cases where the record is maintained in paper form, or is scanned and stored
electronically, the records
custodian should make a copy of the record, mark-out the
information being redacted with a black marker and scan the paper into PDF format,” the Best Practices and
Guidelines stated. “A records custodian should use caution when redacting electronic
records.
“Redacted information may appear unreadable; however, metadata is still imbedded in records that have not been scrubbed,” the policy stated. “This means that, although the redacted information
may not appear at first glance, the document’s metadata may store the redacted information, making it easy for a user to manipulate the metadata and gain access to the redacted information.”
In a Thursday, Nov. 13, meeting, Town attorney Tom Hale said the Town uses the PDF format.
According to the Town’s policy, “if a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted (edited) copy prior to providing access. If questions arise concerning redaction, the records custodian should coordinate with counsel or other appropriate parties regarding review and redaction of records.
“Whenever a redacted record is provided, a records custodian should provide the requestor with the basis for redaction. This basis given for redaction should be general in nature and not disclose confidential information.”
