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 .” PC 1179
Q: Does the Office of Open Records Counsel make open records requests for citizens?
A: No; the Office of Open Records Counsel only becomes involved in open records
disputes between citizens and local government officials once a request has either
been delayed or denied.
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 open records disputes
between local government entities and citizens.
Q: Who can request an opinion from the Office of Open Records Counsel?
A:Both citizens of Tennessee and local government officials can request opinions.
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 and court rules. The Office of Open Records Counsel in consultation with the Advisory Committee on Open Government intends to produce a list in the future as part of our reference materials.
Q: Can a records custodian require a requestor to provide identification in order to either
inspect or copy a public record?
A:Yes; PC 1179, effective July 1, 2008, allows a records custodian to do the following: require any citizen making a request to view a public record or to make a copy of a public record to present a photo identification, if the person possesses a photo identification, issued by a governmental entity, which includes the person's address. If a person does not possess a photo identification, the records custodian may require other forms of identification acceptable to the records custodian.
Q: Can a records custodian require a requestor to pay a fee to inspect public records?
A: No; PC 1179 clearly prohibits a records custodian from assessing "a charge to view public records unless 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; 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."
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, but if it is not practicable for the records to be made “promptly” available, the records custodian shall within seven (7) business days do one of the following:
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: May a records custodian charge a requestor for the labor/staff time involved in
producing requested copies?
A: Yes; PC 1179 allows a records custodian to charge a requestor the “hourly wage of
the employee(s) reasonably necessary to produce the requested information” after the first five (5) hours of work has been done by the custodian in producing the requested material.
