How quickly does the government have to respond to my records request?

Tennessee law states that a records custodian is required to promptly make available public records that are not specifically exempt from disclosure.

This covers a lot of common public records that are readily available or can be retrieved quickly. For example, a government report included in a county commission’s agenda packet is obviously readily available — no searching required.

However, the law says that if it’s not practicable to make public records promptly available, the custodian has as many as seven business days to either provide the records requested, deny the request in writing including the basis for the denial, or provide a written response stating the time reasonably necessary to produce the information.

Here’s the specific statute [T.C.A. § 10-7-503(a)(2)(B)]:

(B) The custodian of a public record or the custodian’s designee shall promptly make available for inspection any public record not specifically exempt from disclosure. In the event it is not practicable for the record to be promptly available for inspection, the custodian shall, within seven (7) business days:

(i) Make the information available to the requestor;

(ii) Deny the request in writing or by completing a records request response form developed by the office of open records counsel. The response shall include the basis for the denial; or

(iii) Furnish the requester in writing, or by completing a records request response form developed by the office of open records counsel, the time reasonably necessary to produce the record or information.

One of the most common complaints from requesters is how long it takes to receive the records requested. But remember that the custodian is required to state in writing in no more than seven business days after you make the request how much time it will take the compile the records. A custodian who did not let the requester know how much time it would take would be in violation of the law. Likewise, the law puts some qualifications around the amount of time, stating that the amount of time must be “reasonably necessary.”