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2 Nov, 2021

Can a government entity require that all public records requests go through a public records request coordinator?

By |2021-11-02T10:24:07-05:00November 2, 2021|Categories: , |0 Comments

In 2016, a new law went into effect requiring, among other things, that all government entities in Tennessee designate a public records request coordinator. According to the statute, T.C.A. 10-7-503 (a)(1)(B), the coordinator is the "individual within a governmental entity whose role it is to ensure that public records requests are routed to the appropriate records custodian and that requests are fulfilled in accordance with § 10-7-503(a)(2)(B)." But if a citizen makes a request directly to a public records custodian, can the custodian require the requester to first go through the public records request coordinator? For citizens, this can be viewed as a delay, especially if the coordinator is not available [...]

7 Feb, 2021

Can public meetings be held through conference call or video conference?

By |2021-11-02T10:05:42-05:00February 7, 2021|Categories: , |0 Comments

The Open Meetings statute allows members of certain types of governing bodies, such as state boards and commissions whose members live across the state, to participate in meetings electronically under certain circumstances. Local governing bodies, however, are largely prohibited from allowing their county commissioners, aldermen, city councilmen and so forth to participate and vote in meetings by phone or video conference. The one big exception, enacted in 2012, is for members of local school boards under specific conditions. During the COVID-19 pandemic in 2020 and 2021, Gov. Bill Lee temporarily allowed all governing bodies to meet electronically via video conference or phone to reduce physical gatherings and the spread of [...]

6 Feb, 2021

What qualifies as a public record?

By |2021-02-09T17:09:29-06:00February 6, 2021|Categories: , |0 Comments

The definition of a public record is broad in Tennessee. Public records are all records created or received by local or state government pursuant to law or as part of transacting official business. In our workshops, we often ask beginning journalists, "When do you think a government record becomes a public record?" The answer is worth remembering: As soon as it's created or received. Here is the key definition in the statute: “Public record or records” or “state record or records” (i)  Means 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 [...]

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