10-7-504(a)(15) A utility department's records of address, telephone number and Social Security number that might be used to locate someone who has a protection order from a court to protect such person from violence. The Tennessee Press Association, Tennessee Association of Broadcasters, and the Tennessee Coalition for Open Government might also join as amici. 10-7-504(a)(1) (1995) (making medical records of patients at state hospitals or medical facilities confidential); T.C.A. T.C.A. T.C.A. The Public Records Act continues to go through many revisions. Kersey v. Bratcher, 253 S.W.3d 625 (Tenn. Ct. App. 56-32-125 HMO medical information of enrollees or applicants. (proprietary information acquired by the Department of Economic and Community Development is confidential; T.C.A 13-27-113 (information submitted to or compiled by the Tennessee Competitive Export Corporation pertaining to commercially sensitive information is confidential); T.C.A. T.C.A. Redmon v. City of Memphis, 2010 Tenn. App. 8-44-102(a) (meetings open to "the public"). See Abernathy v. Whitley, 838 S.W.2d 211 (Tenn. Ct. App. T.C.A. Box 120160, Nashville, TN 37212 Tel: 615.320.7142 This information provided is for educational purposes only. Records related to school security. 50-3-2013(c)(1). 10-7-504(a)(29) Certain personally identifiable information, including social security numbers, drivers license numbers, alien registration numbers or passport numbers, employer or taxpayer identification numbers, biometric data such as fingerprints, voice prints, retina or iris images, and unique electronic identification numbers, routing numbers, or other personal identifying data which enables an individual to obtain a merchandise or service or otherwise financially encumber the legitimate possessor of the identifying data.. T.C.A. No authority has addressed whether the Tennessee Act covers multistate or regional bodies. 67-1-110, 67-1-703, and 67-1-1704 A taxpayer's confidential financial information. This statute, by its terms, applies only to state government, and not to local government or to the state university board of regents or board of trustees. Meetings for "information gathering" and "fact-finding" are open except for on-site inspections of any project or program. Appellate review is available, as the court's decision on the petition is a final judgment on the merits. If the property involved is being acquired through a department of economic and community development, the records would not be public until the contract is executed. T.C.A. Att'y Gen. No. Generally, the Schedule of Charges allows $.15 for black and white copies and $.50 for color copies. Have agencies imposed prohibitive fees to discourage requesters? LEXIS 382, * 15. x. Where a city held five subsequent public meetings to consider the sale of public building, this cured any violation of the Act by several officials meeting in private earlier with investors about the sale. Under the Tennessee open records law, a Tennessee citizen may personally inspect all state, county and T.C.A. In 1991, however, the specific language was further amended to read: "unless otherwise provided by state law." 10-7-504(s), tt. 8-44-102(b)(1)(D), or the board of directors of any non-profit corporation or association authorized to obtain coverage for government employees in the Tennessee consolidated retirement system. 10-7-504(e) Unpublished telephone numbers in the possession of emergency communications districts. The court held that because the legislature has no authority to enact laws that interfere with the judicially imposed duty on an attorney to maintain clients' confidences and secrets, a construction of the Act requiring abrogation of this duty is an unconstitutional breach of the separation of powers and authority doctrines. 56-6-803 Insurance commissioners summary of the basis for denying a reinsurance intermediary license. 10-7-504(a)(3). A new section was added to the Tennessee Public Records Act that requires that "any legislation that creates an exception to the open records requirement of 10-7-503 deeming records of public entities to be open for inspection by the public must be referred to the government operations committee according to the rules of the house of represent. The Act applies to administrative agency proceedings. Sept. 11, 2006) (noting absence of limitations period merely requires the requestor to make another request). T.C.A. The Act has been construed as precluding courts from exempting records from public inspection. 4. Other than to participate in any open records litigation where the constitutionality of any statute is challenged, or to represent the State when it (as opposed to local government) is the records custodian. Durham v. Haslam, 2016 Tenn. App. Test questions, answers, scoring keys, and other examination data for the purposes of licensing health care professionals. T.C.A. 39-13-112 HIV testing of assault victims. 68-11-904 The identity of the complainant and the identity of any patient or resident who is the subject of a complaint concerning any nursing home. T.C.A. 37-1-153 Limits access to Juvenile Court files to only those persons working on the case or with the juvenile, except as to acts of delinquency which would constitute one of nine serious crimes if committed by an adult. Id. T.C.A. T.C.A. The Act allows for the recovery of court costs and attorneys fees, but only if the refusal to disclose was willful. The Tennessean v. Electric Power Board of Nashville, 979 S.W. of Personnel, 2007 Tenn. App LEXIS 267 (Tenn. Ct. App. PDF Statutory Exceptions to the Tennessee Public Records Act T.C.A. Generally, plans of a governmental entity for response to violence or terrorist activities are confidential, as are records exposing a structural or operational vulnerability of a utility service provider. 215, 234 (1976). See Op. . T.C.A. Immediately after reconvening, the board voted on the matter without verbalizing or discussing it. The Court held that the school board properly conducted a closed meeting to discuss a pending controversy pertaining to a suspended school teacher. The Act does not require that notice of a public meeting include an agenda, but the notice must describe the purpose of meeting or the proposed action. However, the Act does not apply to the Tennessee General Assembly. Records related to active investigations are closed. But see Tenn. R. Civ. 49-7-140 Personally identifiable information about the donor or donor's family of gifts made to public institutions of higher education or foundations. There is an exception for undercover police officers. T.C.A. Person v. Board of Commissioners, 2009 Tenn. App. 1977) (County's decision to hire airport manager violated Act and was thus invalid.). a. T.C.A. It does not seem that a court would be a public body or a governing body as those terms are used in the Act. 47-23-101 Information concerning insurance required to be kept on real estate. The Open Meetings Act makes no specific exemption for such matters. But see, T.C.A. 56-32-135 Information obtained by the Department of Commerce and Insurance concerning investigations of any health maintenance organization or person providing services under TennCare. In the interest of expeditious hearings, a formal written response to the petition is not required, and the generally applicable periods of filing such responses do not apply. 1981); and closed investigative files of a police department, Memphis Publishing Co. v. Holt, 710 S.W.2d 513 (Tenn. 1986). T.C.A. 177 (Tenn. Ct. App. Although there is no requirement to tape record meetings, such a recording might save the governmental entities actions from being void under the act. 8-44-103(b). 1998). T.C.A. T.C.A. 2. T.C.A. 37-1-131 Whether a delinquent child is on probation or in the custody of a state agency. See Rock Abou-Sakher v. Humphreys County, 955 S.W. 8-44-106 (this section would permit both final and non-final judgments). Open Records Act Generally . T.C.A. Sometimes. 03-091 (July 24, 2003). 4-21-303(d) Human Rights Commission conciliation agreements if the complainant and respondent agree and the Commission determines that disclosure is not required to further the purposes of the Human Rights Act. P. 16(a)(2). 1998). T.C.A. T.C.A. 65-3-109 Contracts, leases, or engagements obtained by the Department of Transportation while engaged in regulations of the railways, if the interests of the company would be injured. T.C.A. Jun 23, 2002) (quoting Zseltray). T.C.A. Screening panels of the Board of Chiropractic Examiners utilized to investigate, mediate or arbitrate complaints are not subject to the Act. Op. 8-3-104(10) Permits Governor to determine what records relating to the executive branch that are maintained by the Secretary of State require secrecy. T.C.A. of Educ. T.C.A. See also Smith v. Harter, 20 TAM 8-35(Tenn. Ct. App. T.C.A. T.C.A. . 55-19-112 Written examinations of commercial driver training schools. Tenn. Governor Uses Exemption to Deny Open Records Requests One way confidentiality may be waived is if the party uses the documents to further its cause offensively, as a "sword," and also asserts the benefit of privilege as a "shield." Tennessee Public Records Guide The following is a list of the exceptions to the Tennessee Public Records Act: T.C.A. Therefore, such records of local police departments are not exempt. Source Effective/Sunset Date Subject Matter Government Entity Description Exceptions To Exception. T.C.A. 37-1-612(a) Records concerning reports of child sexual abuse and all records generated as a result of such reports. If conducted by a governing body, it must be open. 94-15 (Feb. 4, 1994). 39-15-203 Abortion records and reports. 7-59-305(d)(2) Deployment plans submitted by a cable or video service provider applying for a state-issued certificate of franchise authority. 55-10-108(f). LEXIS 54565 (W.D. which relate to tax credits are confidential). 4-17-408 (e). April 22, 1993) (stating that plaintiffs had standing based on Tenn. Code Ann. Records of motor vehicle insurance verification held by the Department of Revenue, Department of Safety, Department of Commerce and Insurance, Law Enforcement and the Judiciary. Presumably open. T.C.A. A governing body also specifically includes any nonprofit corporation authorized by state law to act on behalf of any local government other than Nashville for the purpose of Resource Recovery and Solid Waste Disposal or Energy Production Facilities. 2003) (allowing access to officers' photographs), But see Contemporary Media v. Giles, 30 Med. T.C.A. All investigative records of the Tennessee Bureau of Investigation and all criminal investigative files of the motor vehicle division of the department of safety, T.C.A. T.C.A. 538 public records exemptions in Tennessee law 10-7-504(o), pp. 49-7-120 (trade secrets, patentable information, proprietary information, and commercial or financial information used in research done at state colleges and universities are closed); T.C.A. T.C.A. Since Tennessee enacted its public records act in 1957, there have been restrictions limiting access to information. Additionally, there are several other express exemptions contained in the Tennessee Code. The Open Meetings Act makes no specific exemption for such matters. According to an Attorney General opinion, an individual becomes a member of a governing body when he or she has completed all the requirements necessary to qualify to perform the official duties of a member and his or her term of office has begun. T.C.A. T.C.A. Op. T.C.A. Gautreaux v. Internal Medicine Education Foundation, Inc., 336 S.W.3d 526 (Tenn. 2011). is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Tennessee . 50-6-405 Statements showing an employer's financial ability to pay workers compensation claims. T.C.A. 67-1-1702 Returns and tax information filed with or in the possession of the Commissioner of Revenue. T.C.A. The Open Meetings Act makes no specific exemption for discussion of individual patients. 1992) (court of appeals upheld denial that particular parts of records constitute investigation records of the Tennessee Bureau of Investigation); c. Records of the military department involving national or state security, including national guard personnel records and staff studies and investigations, T.C.A. T.C.A. T.C.A. McFarland v. Pemberton, 530 S.W. See also T.C.A. . Generally open with limitations on how that information might be used. 55-10-108 which allows such access but without liability insurance information. 63-1-136(d) Information provided to non-profit association for the purpose of assisting in the rehabilitation of impaired health care practitioners. Arguably, however, the 1991 amendment to the statute now allows exemptions based upon common law. Thereafter, permissive appeal may be made to the Tennessee Supreme Court within 60 days after the Court of Appeals' decision. 40-28-401 Interstate compact information regarding the supervision of adult offenders that would adversely affect personal privacy rights or proprietary interests. July 13, 1994) (City violated Act by not conducting public meeting, but the purpose of the Act was served when the decision to purchase property was ratified at a public meeting). See Op. Also see T.C.A. Entities that are not governmental bodies are not subject to the Act just because the entity has government officials on its board or in some other capacity. T.C.A. Addresses, phone numbers, Social Security Numbers, and the criminal offense at issue for those persons seeking compensation as crime victims, T.C.A. 38-1-304 Reports and the identity of persons filing reports concerning statutory rape and statutory rape prevention. Englewood, 1999 Tenn. App. 10-7-504(a)(6); g. Sealed bids for the purchase of goods and services and leases of real property, until completion of evaluation, T.C.A. Statutory Exemptions to the Tennessee Public Records Act August 2020 Page 3 (A) Restrict the application of Rule 16 of the . 2007). T.C.A. Status of requester 2. July 8, 1992) (standing granted to a Tennessee corporation to sue under the open meetings law). T.C.A. Thereafter, permissive appeal may be made to the Tennessee Supreme Court within 60 days after the Court of Appeals' decision. 10-7-503(a)(1)(A)(i). a. Forbes v. Wilson County Emergency Communications Dist., 966 S.W.2d 417 (Tenn. 1998) (Personnel Policy Committee of County Emergency Communications District 911 Board was subject to Act); See Richard L. Hollow & Rudolph L. Ennis, Tennessee Sunshine: The People's Business Goes Public, 42 Tenn. L. Rev. T.C.A. Whittemore v. Brentwood Planning Comm'n., 835 S.W.2d 11 (Tenn. Ct. App. 10-7-504(a)(18); s. Credit card numbers of persons doing business with the state or any subdivision, T.C.A. 230 (Tenn. Ct. App. Under T.C.A. Visit, Tennessee Sample FOIA Request, to view a sample FOIA request for the state. Multi-state or regional bodies 6. Only those between the public employees and the public body, L. Parole board meetings, or meetings involving parole board decisions, M. Patients, discussions on individual patients, 2. Any exemptions to the Act will be addressed upon receiving any Open Records request that may arise. Frequently closed. T.C.A. The States investigation of a harassment claim against one of its employees was protected from disclosure under the attorney client privilege or work product doctrine. The Tennessean recognized that section 10-7-504 (q) (1) of the TPRA specifically exempts certain crime victims' records from public disclosure following a defendant's guilty plea or conviction. LEXIS 406 (Tenn. Ct. App. Administrative enforcement records (e.g., worker safety and health inspections, or accident investigations), E. Business records, financial data, trade secrets, L. Homeland security and anti-terrorism measures, 14. Electronic records (e.g., databases, metadata). T.C.A. T.C.A. However, not all records of non-government entities who assist government operation will be public. 315 Union Street Instead of listing those government entities subject to public scrutiny, the law was enacted defines governing body to include "members of any public body which consists of two or more members, with the authority to make decisions for or recommendations to a public body on policy or administration." 3d 282 (Tenn. Ct. App. "Information gathering" and "fact-finding" sessions, a. 8-44-108, participants in a meeting may use electronic or other communications as long as every participant is capable of simultaneously hearing the other members of the meeting and it is possible to speak among the participants throughout the meeting. 10-7-504(a)(29). access to public records as provided the underTennessee Public Records Act ("TPRA") in Tenn. Code Ann. Express desire to comment to the governing body. Informal telephone inquiry as to status. 62-14-403. T.C.A. There is no specified procedure to follow if an oral request is denied, however, a written request would be beneficial to further the request or establish facts for judicial review. Tennessee Public Records Guide MuckRock / Tennessee Public Records Jackson v. Hensley, 715 S.W.2d 605 (Tenn. Ct. App. 96-011 (Feb. 6, 1996). LEXIS 600 (Tenn. Ct. App. Then, the body would return to an open session to vote on whether to pursue the appeal, without discussing what was said in the closed session. T.C.A. T.C.A. 36-1-125, -126 Records relating to an adoption proceeding after the final order of adoption or dismissal is entered. T.C.A. The OORC serves as an ombudsman that can mediate open records disputes and issue written opinions concerning open records issues. T.C.A. The time limit for filing an appeal is within 30 days after the date of entry of the final judgment. Att'y Gen. No. 37-2-414 Information gathered in investigation of prospective kinship foster care parent. T.C.A. No. Appeal as of right would be to the Tennessee Court of Appeals. 99-043 (Feb. 25, 1998). T.C.A. PDF New and Amended Exceptions to the Tennessee Public Records Act Appendix A 40-35-205 Pre-sentence investigation reports prepared prior to an adjudication of guilt. 10-7-504(a)(6) State agency records containing opinions of value of real and personal property intended to be acquired for public purposes prior to final acquisition. 41-21-240 Identifying information concerning a crime victim or a crime victim's representative who requests notification of an inmate's pending release. The Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998). The payroll records of a public hospital were held to be open under the Act. 10-7-504(a)(16) A governmental entity's records of address, telephone number and Social Security number that might be used to locate someone who has a protection order from a court to protect such person from violence. The Supreme Court held that if there is information that is stored on computer but not in the format desired by the requester, the agency is required to provide the information in the format requested. 56-54-107 Information submitted to the department of commerce and insurance pursuant to the Tennessee Medical Malpractice Reporting Act. 40-38-114(b) Information received by the victim of a crime from the prosecuting attorney relating to the substance of the case. Judicial records that are exempt from the Act are: complaints of judicial disability to the Court of the Judiciary, T.C.A. Proc. 10-7-505(b). Date of Reasonable Charges. 50-3-914(a) Information containing or revealing trade secrets obtained by the Commissioner of Labor while enforcing the occupational safety and health laws. The Act makes no provision for recording or broadcast of meetings, but those means of public access have been employed, especially by the media. See Kinser v. Town of Oliver Springs, 19 TAM 9-16 (Tenn. Ct. App. Feb. 13, 2004) (court found no basis for city's refusal to provide settlement agreement). L. Rptr. T.C.A. Covered by the Act. 45-17-119 Annual reports by deferred presentment services licensees. T.C.A. See also T.C.A. T.C.A. However, a single legislator's presence does not convert an otherwise private meeting of an interest group in a public facility into a public meeting under the Act. 10-7-504(a)(18) Computer programs sold, licensed or donated to the state. 36-3-624(e) Documents shared within or produced by a Domestic Abuse Death Review Team or a document provided by a third party to a Domestic Abuse Death Review Team. Staff meetings of the Tennessee Industrial Finance Corporation held to consider applications for financing are not subject to the Act. Identifying information of anyone who has requested the department of correction or the department of probation and parole to provide information regarding the status of a criminal proceeding or a convicted felon, T.C.A. T.C.A. In Moncier v. Harris, 2017 Tenn. App LEXIS 165 (Mar. Dunn v. Knox County, 2005 Tenn. App. 8-44-102(b) (1995). The Act applies to any member of any governing body. Under the Hazardous Chemical Right To Know Law, administrative hearings that involve trade secrets can be closed. The Act has no provision for either requiring or waiving fees. 2007). 10-7-504(a)(19) Credit card numbers of persons doing business with the state or any subdivision. City Press Communications, LLC v. Tennessee Secondary School Athletic Association, 447 S.W. 56-22-115 Information, materials, documents compiled by the department of commerce and insurance during examination of a county mutual insurance company. The Act makes no provision for expedited review of a request to attend upcoming meetings. A regular meeting is one that is previously scheduled by statute, ordinance, or resolution. The Act provides no time limit for filing suit. Information directly related to the security of any government building, T.C.A. T.C.A. Dec. 31, 1991) and Ray v. Stanton, C.A. 66-7-107 The identity of any person who provides evidence or other information that results in an eviction or other termination of residency where the premises or the area immediately surrounding the premises are knowingly used in violation of criminal statutes prohibiting drug use and prostitution.
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