As I read the morning paper, I was again reminded just how important our public records are. It is also important that our citizens have access to those records when they need them. The Tennessee Public Records Act allows access–but even so–sometimes that access is not easy. There are many exceptions to access–so many and so frustrating that the Tennessee Legislature has created the Open Records Ad Hoc Committee to review the why and the need for so many exclusions. The local members of that committee are State Representative Jason Zachary of Knoxville, who is a co-chair of the committee, and Jack McElroy, Executive Editor of the Knoxville News Sentinel, who is the Tennessee Press Association Representative.

I’d like to see a published list of exemptions with justification for the exemption. That would be a good start to solving the problem. If a bill costs money, a fiscal note has to be attached as the bill moves through the legislature. Mr. McElroy has suggested that a “Transparency” note be attached to any new legislation affecting Public Records. I like that idea! Mr. McElroy also suggested that some guidelines be established to slow down the growth of exemptions to the Tennessee Public Records Act.

Public Records:
Those records within the jurisdiction of the county public records commission include:
. All documents, papers, records, books, and books of account in all county offices.
. The pleadings, documents, and other papers filed with the clerks of all courts including the minute books and other records of these courts; and
. The minutes and records of the county legislative body.

As information:

Tennessee Public Records Statutes
The public records statutes that do apply to county offices are found in Title 10, Chapter 7, Part 5 of the Tennessee Code Annotated. The starting point for a discussion of the law in this area is the declaration found in T.C.A. Section 10-7-503, that government records are open to public inspection as follows:

. . . All state, county and municipal records . . . except any public documents
authorized to be destroyed by the county public records commission in accordance
with section 10-7-404, 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.

Records Serve as a Legal Foundation
In a society of laws, local governments and the citizens they serve are both dependent upon good documentation to demonstrate their legal status. Court orders, marriage licenses, and the minutes of county commission are just a few examples of important documents that create relationships, establish rights or liabilities, and authorize certain actions. When disputes arise over legal issues, it is important to have good documentation on which to rely. Local governments have an important responsibility to preserve these records. Proper records management will ensure these records are preserved and can be found when needed.

My resources for this column are: The University of Tennessee’s County Technical Advisory Service Manual prepared to implement the Tennessee Public Records Act as well as Mr. Jack McElroy’s News Sentinel Column.
8-12-18