State Sen. Todd Gardenhire

5 Jun, 2020

Bill would prohibit destruction of public records that are subject to pending records request

By |2020-06-05T19:41:49-05:00June 5, 2020|Categories: Legislature, records management, requests|Tags: , , , , , , , |0 Comments

The House State Government committee on Thursday approved a bill that would prevent the destruction of public records that are subject to a pending records request, paving the way for the bill to move on to a possible floor vote. State Rep. Mike Carter, R-Ooltewah, presents bill that would make it unlawful to destroy public records while they are subject to a pending records request. The bill, H.B. 2578, was sponsored by state Rep. Mike Carter, R-Ooltewah, who explained that a problem arose in Hamilton County last year when the Times Free Press newspaper requested records, and thereafter, the records were destroyed by the custodian before they could obtain them. [...]

10 Feb, 2019

Proposed bills seek to clarify, change law related to government settlement agreements

By |2019-02-10T13:59:55-06:00February 10, 2019|Categories: Legislature|Tags: , , , , , |0 Comments

A collection of bills introduced in the Tennessee General Assembly are aimed at clarifying or changing parts of the law surrounding government settlement agreements. Government entities are prohibited from entering into confidential settlement agreements. The Court of Appeals has said that “a governmental entity cannot enter into confidentiality agreements with regard to public records. The idea of entering into confidentiality agreements with respect to public records is repugnant to and would thwart the purpose of the (Tennessee Public Records) Act."  (Contemporary Media v. City of Memphis, 1999.) Lawmakers have filed at least three separate sets of bills: State Sen. Dolores Gresham, R-Somerville. Sen. Dolores Gresham, R-Somerville, and Rep. [...]

17 Dec, 2018

Open Records Committee recommends changes to exemption process

By |2018-12-18T08:00:30-06:00December 17, 2018|Categories: exemptions, Legislature|Tags: , , , , , , , |1 Comment

An open records committee that has met over the past five months to consider the growing number of exemptions to Tennessee’s Public Records Act says it will recommend a new, more robust process to vet both existing and future exemptions. State Rep. Jason Zachary, R-Knoxville, co-chair of an ad hoc Open Records Committee appointed by House and Senate leaders, said the task of going through 563 exemptions was too large to get done in the few months they were allotted. However, the committee is recommending two major changes: a process for sunsets on existing exemptions and more robust vetting of proposed new exemptions. “We’ve learned that Tennessee needs [...]

14 Aug, 2018

TCOG makes recommendations for vetting state’s public records exemptions

By |2020-11-19T12:35:08-06:00August 14, 2018|Categories: exemptions, Legislature, Tennessee Coalition for Open Government|Tags: , , , , |3 Comments

The new Joint Open Records Ad Hoc Committee, formed to consider the growing number of public records exemptions, held its first meeting today. The committee invited TCOG to make a presentation. Also presenting was Jason Mumpower, chief of staff for the Comptroller's Office, which oversaw the compilation of a list of all statutory exemptions (which resides here.) TCOG presents recommendations about a review of exemptions to the Tennessee Public Records Act at the committee's first meeting on Aug. 14, 2018. You can watch the entire committee meeting by clicking on the video link found here. My presentation starts around the 52 minute mark. The committee set its next [...]

6 Aug, 2018

Legislature’s Open Records Ad Hoc Committee to hold first meeting Aug. 14

By |2018-08-06T20:08:43-05:00August 6, 2018|Categories: exemptions, Legislature, Public Records|Tags: , , , , , , , , , |0 Comments

The Open Records Ad Hoc Committee will hold its first meeting at 1:30 p.m. Aug. 14 at the Cordell Hull building as part of an effort to review a growing list of exemptions to the public records act. Lt. Gov. Randy McNally and House Speaker Beth Harwell formed the committee in June after a report showed the number of statutory exemptions to Tennessee Public Records Act had grown to 538. State Rep. Jason Zachary, R-Knoxville, is the House chairman of the joint Open Records Ad Hoc Committee, which was formed after a report showed the number of statutory exemptions to the public records law had grown to 538. [...]

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