On Sunshine Sunday, some Tennessee

Public records still in the dark

By COLIN FLY

Associated Press Writer

            NASHVILLE, Tenn. (AP) -- Tennessee ranks 44th by some measures when it comes to public access to government records, but open government advocates say much of the problem is simply a lack of  understanding.

            ``I think the majority of people (in government) are truly goodhearted but just don't know the laws,'' said Dick Schneider,  executive editor of The Jackson Sun. ``They’re worried about privacy issues and maybe even worried about national security.”

            That’s why advocacy groups and newspapers nationwide are sponsoring Sunshine Week from March 13-19. Headed by the American Society of Newspaper Editors, the goal of the campaign is to raise awareness of open government and records.

            An Investigative Reporters and Editors study on public information requests in the states and the District of Columbia gave Tennessee a failing grade, ranking it 44th.

            Tom Griscom, publisher and executive editor of the Chattanooga Times Free Press, said part of the reason for the poor ranking is that Tennessee's open records laws have too many exceptions _ more than 200.

            “A lot of the exemptions deal with national security and those type issues, so there's some understanding of why some information might  not be put forward,'' he said. ``There's also a lot that try to carve out the type of information you want to receive to make sure names and Social Security numbers are kept private.''

            There's been little action in the Legislature this year to narrow those exemptions or open up additional public records.

            State Sen. Don McLeary, D-Humboldt, and state Rep. Jimmy Eldridge, R-Jackson, are sponsoring a bill to have government bodies designate an official to know which records are open and be available to answer questions from the public.

            “The citizens want their government to be open, and I agree with them,'' McLeary said. ``Sometimes you get resistance from the people who are elected, but we've tried to compromise on things.''

            The two lawmakers listened to complaints from The Jackson Sun, which won a lawsuit last month against the city on two out of three open records issues relating to financial records from a minor league baseball team and informal police interviews.

            ``When the guy behind the counter at Subway says 'Go get 'em,' you know you're doing the right thing,'' Schneider said. ``People are really looking for us to break down that wall.''

            He said the newspaper has received more news tips since publicizing its records request.

            Frank Gibson, executive director of the nonprofit Tennessee Coalition for Open Government, said while there haven't been any strong bills to open government this session, there haven't been many that close doors either.

            One bill -- sponsored by three Democratic senators, James Kyle of Memphis, Charlotte Burks of Monterey and Kim McMillan of Clarksville -- seeks to close criminal investigation files from the departments of  agriculture and environment and conservation.

            In another bill, Rep. Susan Lynn, R-Mt. Juliet, wants to make autopsy photos and videotapes confidential. Both bills are in committee.

            McLeary said bills that seek to restrict information set a bad precedent in a state already with a poor open government ranking.

            ``It's when people don't give records is when you think things are going on that shouldn't be,'' he said. ``We shouldn't be trying to hide things. We work for the citizens.''

On the Net:

Read about bills SB0604/HB0724, SB0007/HB0316 and SB2256/HB2272 at the Tennessee General Assembly Web site: http://www.legislature.state.tn.us/

For release Sunday, March 13, and thereafter. Copyright The Associated Press