Even before the above stated amendment, Tennessee courts construed the Act to cover the records of nongovernmental bodies in receipt of public funds and of advisory boards of quasi-governmental bodies. The court did allow discretionary court costs (deposition/court reporter fees), which frequently are allowed in Tennessee litigation. Feb. 19, 2010). T.C.A. The Act has no provision for priority to the pleading. 40-39-206(d) Information reported on the Tennessee Bureau of Investigation Registration Form for the sex offenders registry. T.C.A. 3. T.C.A. CTAS Recruitment Informal telephone inquiry as to status. The term governing body has been construed to include "any board, commission, committee, agency, authority or any other body, by whatever name, whose origin and whose members have authority to make decisions or recommendations on policy or administration affecting the conduct of the business of the people in the governmental sector." If records have "commercial value" that requires the reproduction of a computer generated map, the custodians may also charge fees to offset the cost of developing and updating the records. T.C.A. T.C.A. See Englewood Citizens 1999 Tenn. App. 10-7-504(a)(14) Riot, escape, and emergency transport plans of county jails and workhouses or prisons. No. Go to Home | Tennessee Comptroller of the Treasury, Comptroller of the Treasury Jason E. Mumpower, Exceptions to the Tennessee Public Records Act, 2022 Public Records & Open Meetings Training PowerPoint, LEXIS Public Access to the Tennessee Code, To Report Fraud, Waste & Abuse: Submit a report online here or call the toll-free hotline at 1.800.232.5454. T.C.A. Definition of a governing body (a) All meetings of any governing body are declared to be public meetings open to the public at all times, except as provided by the Constitution of Tennessee. T.C.A. T.C.A. 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. T.C.A. 36-1-116 Surrender information in adoptions. Procedure for asserting right of access. Memphis Publishing Co. v. City of Memphis, 513 S.W.2d 511, 513 (Tenn. 1974). T.C.A. T.C.A. T.C.A. Also, the Tennessee Press Association, the Tennessee Association of Broadcasters, and the Tennessee Coalition For Open Government and other organizations have participated as amici on open records cases. A regular meeting is one that is previously scheduled by statute, ordinance, or resolution. May 20, 1995) (Court reversed a dismissal of case in which the respondent failed to provide petitioner with all information in criminal action). 2149 (Tenn. Ct. App. T.C.A. T.C.A. 8-44-104. T.C.A. 02-131 (Dec. 12, 2002). April 24, 1992) (denying attorneys fees because the refusal of opposing attorneys to grant respondent access to records was not willful); Combined Communications Inc. v. Solid Waste Region Board, 19 TAM 19-10 (Tenn. Ct. App. 49-6-808 Building-level emergency response safety plans for schools. See Mayhew v. Wilder, 46 S.W.3d 760 (Tenn. Ct. App. T.C.A. December 13, 1989) (working papers of certified public accountants retained by Anderson County to conduct an audit of a department of the county government were not subject to disclosure under the Act). Appeal as of right would be to the Tennessee Court of Appeals. 68-11-263 Medical record information abstracted by or reported to the centers for disease control's national nosocomial infection surveillance/national healthcare safety network. 68-11-207 Privileged or confidential information in reports submitted to the commissioner of health by a health-care facility during probation of its license. Dec. 10, 2009) (emails discussing proposed zoning changes violated Act.). 2013), the court ruled residential addresses of employees of third party contractors working on government construction projects were public. LEXIS 254 (Tenn. Ct. App. T.C.A. IPS Internships Nashville, TN 37201 Feb. 15, 2005) (noting that the Act does not require recording by audio or video means). The Tennessee open records law (the "Act") provides for a Tennessee citizen's personal inspection of all state, county and municipal records at all times during business hours unless the records are statutorily declared to be confidential. 10-7-504(d) Records of employees' identity, treatment, or referral for treatment maintained by state or local government employee assistance program. T.C.A. Text messages and other electronic messages. 1990) (reasoning that hospital that was not created by the general assembly and never claimed governmental immunity from tort actions was a private rather than governmental entity). 97-154 (November 10, 1997). What governments are subject to the law? Feb. 24, 1995) (reasoning that notice of conditional permit being sought was sufficient when placed in newspapers and mailed to property owners). T.C.A. T.C.A. 71-5-143(e) Information provided to or acquired by a member of the TennCare Commission staff. Tennessee has no administrative review of denial of access. County election commissions are subject to the Act because they are created under the state Election Code, which provides that the meetings of such boards and commissions are open to the public and subject to the Act. . However, employee personnel records of a hospital operated by a nonprofit corporation under a 50-year lease agreement with Shelby County were not subject to the Act. Therefore, all records that may be inspected should be available for copying. However, the Attorney General has opined that an exit conference between the State Comptroller and members of a governing body which was conducted for the limited purpose of imparting information to local government officials, with the officials not deliberating toward or making a decision, was not subject to the Act. Jun 23, 2002) (quoting Zseltray). Att'y Gen. No. The Tennessee Sunshine Law passed by the General Assembly in 1974 requires that meetings of state, city and county government bodies be open to the public and that any such governmental body give adequate public notice of such meeting. T.C.A. T.C.A. Applying the sunshine law - what the Attorney General said - Tennessee Requirements or prohibitions regarding advance payment. 68-11-1503 Name, address and other identifying information or medical records of a patient in a licensed health care facility. T.C.A. T.C.A. The discussion concerns a pending lawsuit; The members of the governing body provide facts about the lawsuit to the city/town attorney and the city/town attorney provides the members legal advice based upon the facts presented(See. 62-14-403. There is an exception for undercover police officers. T.C.A. T.C.A. Availability of court costs and attorney's fees. T.C.A. Att'y Gen. No. 10-7-503(e) Contingency plan of law enforcement agencies to respond to violence, bomb threats, weapon of mass destruction, or terrorist incidents. 68-5-604, 703; 68-10-113, 116, 117; 68-11-222. 10-7-504(a)(20) The private records of any utility. 1990) (holding that university chancellor was not governing body and that his meetings with advisory committee were not subject to the Act). The Act does not specify to whom notice of a special meeting must be made, other than the "public." The OORC list may be found at http://www.comptroller.tn.gov/openrecords/. Tax information is generally confidential. State Sunshine Law Leaves Tennesseans in the Dark. T.C.A. 41-21-107 HIV testing of inmates. 7-59-305(d)(2) Deployment plans submitted by a cable or video service provider applying for a state-issued certificate of franchise authority. Gen. No. The following is a list of the exceptions to the Tennessee Public Records Act: T.C.A. 41-24-117, which is a part of Private Prison Contracting Act. 43-8-114 Confidential information or product composition regarding local regulation of pesticides. 10-7-503(b) Permits head of governmental entity to promulgate rules to maintain the confidentiality of records concerning adoption proceedings. 38-6-118 (d) The Tennessee bureau of investigation database of expunged criminal offender and pretrial diversion records. 2002). The custodian may not require that the request be delivered in person or by U.S. Mail. 37-1-131 Whether a delinquent child is on probation or in the custody of a state agency. 68-11-909 Nursing home resident morbidity and mortality data gathered to aid enforcement of quality care standards for nursing homes. 8-44-102(b)(1)(E)(ii) (protecting trade secrets). 10-7-504 (a)(6). 10-7-301(6). 45-7-216 Information contained in examinations, reports, applications, credit, investments, financial statements, and balance sheets are confidential. 7. See Dorrier v. Dark, 537 S.W.2d 888 (Tenn 1976) (holding that public school teacher's termination hearing was void because in violation of Open Meetings law). 8-30. Yes. 37-1-705(d) Records used in or related to teen court proceedings except as necessary to permit functioning of the teen court. 68-10-116 The results of hepatitis B or HIV testing on any arrested person who may have exposed his or her blood or other bodily fluid to a law enforcement officer. 10-8-102(a) Library records showing who requested or obtained specific materials. The change from "state statute" to "state law" arguably broadens the means of limiting access beyond the holding in Holt to include exemptions under common law privileges. T.C.A. [FN33] The animating policy behind these laws is that government business should be conducted in public with adequate notice so that citizens can attend. Tenn. R. Crim. As reported by The Tennessean, March 22, 2007: "If you think a government official or group of officials have violated Tennessee's Sunshine Law, you can bring a lawsuit in your county Chancery or Circuit Court. T.C.A. T.C.A. a. Unfortunately, case law establishes that the Sunshine Law does not apply to the General Assembly itself. T.C.A. Secret ballots are not permitted. 2001). Therefore, such records of local police departments are not exempt. 45-18-119 Confidential information communicated in compliance with the Check Cashing Act. Judicial records that are exempt from the Act are: complaints of judicial disability to the Court of the Judiciary, T.C.A. There are no exceptions except those situations which may be in conflict with the constitution." Records involved security including national guard personnel records are closed. 10-7-504 (a)(27) Email addresses collected by the Department of States Division of Business Services. Smith County Educ. 597 (Tenn. Ct. App. Only records are covered by the Act: A requester cannot demand the government agency to provide information. The time limit for filing an appeal is within 30 days after the date of entry of the final judgment. qq. 10-7-503(a)(2)(B). a. Some custodians have incorrectly believed that this seven day limit defines promptly, however, if records are not produced until seven days, that is not prompt. 4-3-712, -730 Proprietary information acquired by the Department of Economic and Community Development is confidential only if so designated by the Department Commissioner and the Attorney General. Dec. 8, 2004). 45-2-103(a)(3)(C) (information obtained by the Commissioner of Financial Institutions when acting upon application for change of control of a bank is confidential); T.C.A. 62-27-124(b) Records obtained by law enforcement officers during official polygraph examinations. 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. 68-10-113 All records held by the Department of Health and Environment and local health departments concerning known or suspected cases of sexually transmitted diseases. Presumably open. 37-2-411(b) Records obtained by the Department of Human Services for preparation of the annual report on foster care. In order to override the Act, the legislature must enact a statute that exempts the material. 4-28-101 et seq. What physical form of records are covered. T.C.A. The Act provides no time limit for filing suit; however, the six-year statute of limitations for malfeasance or nonfeasance by public officials may be applicable. T.C.A. 50-3-302 Name, job title and other information that may be used to identify a witness interviewed during the course of an investigation of the Tennessee Department of Labor and Workforce Development. 63-1-117(b)(2) Identifying information of complainant and medical records concerning an allegation against a practitioner of the healing arts to the Division of Health Related Boards until introduced at disciplinary proceedings. T.C.A. 8-44-105106. McFarland v. Pemberton, 530 S.W. T.C.A. T.C.A. T.C.A. Information related to application for handgun carry permits. 56-51-150 Information pertaining to the diagnosis, treatment or health of any enrollee of a prepaid limited health service organization or any state investigation of such organization by law enforcement, regulatory, licensing or other governmental agency for purposes of prosecuting or preventing insurance fraud. 56-1-402(g)(7) Information relating to opinion of Commissioner of Commerce and Insurance related to insurance companies' reserve liabilities and evaluations. The Tennessee Supreme Court in Smith County Education Ass'n v. Anderson, 676 S.W.2d 328 at 335 (Tenn. 1984), held the attorney-client privilege to be a constitutionally required exception to protect discussion between governmental bodies and their attorneys concerning pending litigation. P. was authority for denying access to closed police investigative files). T.C.A. This is the primary remedy under the Act. 1990). We hold that the purpose of the act is satisfied if the ultimate decision is made in accordance with the Public Meetings Act, and if it is a new and substantial reconsideration of the issues involved, in which the public is afforded ample opportunity to know the facts and to be heard with reference to the matters at issue. However, the name and address of an owner of a business tax license on deposit with the county clerk is public record. 40-28-119(c) Permits parole board to promulgate rules relative to the confidentiality of records of parolees. An "Economic Development Council," a nonprofit corporation organized by a County Commission and whose members are authorized to make decisions or recommendations on policy or administration affecting the conduct of the business of the people in the governmental sector, is subject to the Act. T.C.A. 22-2-302(4)(B) Jury book of Board of Jury Commissioners. 10-7-503 and 504 of the act, many more exist outside the act. T.C.A. 4-35-108 Information from confidential, nonpublic executive sessions of an audit committee. T.C.A. 1998). 4-4-125 Social security numbers. 49-50-1408 Reports of alleged falsification, waste, or mismanagement of public education funds, but only to the extent the person reporting requests that the person's reporting name not be revealed. 50-6-131 Medical records provided to the Division of Workers Compensation. 56-6-702; 56-6-705 Health-related records possessed by agents complying with the Health Care Service Utilization Review Act. Some government agencies have websites with some public records available from those sites. 11-21 (Mar. A. The time limit for filing an appeal is within 30 days after the date of entry of the final judgment. LEXIS 600 (Tenn. Ct. App. 10-7-504(a)(11); l. Personal information contained in motor vehicle records which shall be open only pursuant to Title 55, chapter 25 (the Uniform Motor Vehicle Records Disclosure Act, which implemented the Federal Driver Privacy Protection Act) of the Tennessee Code Annotated; T.C.A. What are the requirements of the Tennessee Open Meetings Act? 2012). T.C.A. 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. 45-2-614 Any regulatory rating established, assigned, or accepted pursuant to agreement with a federal regulatory agent by the Tennessee Department of Banks and Financial Institutions. Moser v. Brewer, No. Huntsville Util. 8-44-102(C). The OORC, and its Advisory Committee, may also review and make comments to the General Assembly on any legislation affecting Open Meetings. of Educ. 63-4-115(g). 1992). See also, T.C.A. However, such board of directors meetings are exempt from the Act if called "solely to discuss matters involving confidential doctor-patient relationships, personnel matters or matters required to be kept confidential by federal or state [laws or regulations]." 68-3-205 Vital records (records of birth, death, marriage, divorce, annulment) except that the fact and date of a birth or death is not confidential. Att'y. c. Does the existence of information in electronic format affect its openness? T.C.A. T.C.A. 10-7-506(c)(1) & (c)(4). Conference calls and video/Internet conferencing, e. Social media and online discussion boards, E. Categories of meetings subject to the law, d. Requirement to meet in public before closing meeting, e. Requirement to state statutory authority for closing meetings before closure, G. Access to meeting materials, reports and agendas. T.C.A. T.C.A. Telephone numbers, residential addresses, Social Security numbers, bank account numbers, and driver's license information of public employees or his immediate family member, T.C.A. T.C.A. jj. The Tennessee Supreme Court has construed this amendment as reserving to the legislature alone the power to make exceptions to the accessibility of public records. July 13, 1994) (requiring distinct palpable injury and a causal connection between the injury and challenged conduct in order to have standing). T.C.A. In Seaton v. Johnson, 20 TAM 8-20 (Tenn. Ct. App. On its face, the Tennessee's Sunshine Law provides that the only exceptions to the Act must be based solely on constitutional grounds; however, the Act also has provided specific statutory exemptions to the Act. T.C.A. T.C.A. In pursuing a court case, the petitioner must have more than speculative evidence that a secret meeting was conducted. In Fannon v. City of LaFollette,329 S.W. 49-9-14. This attorney-client exception is a "narrow" one applying only when "the public body is a named party in a lawsuit" and only when the discussions in the meetings deal with "present and pending litigation." 41-1-121 Results of drug tests of department of correction security personnel. Covered by the Act. 1. 36-3-621(f)(1) The identity of a person who reports domestic abuse, neglect or exploitation and the information so reported. 8-44-108(d), Under T.C.A. of Zoning Appeals, 20 TAM 12-17 (Tenn. Ct. App. 62-43-117 All materials compiled by the Commissioner of Commerce and Insurance in determining whether a person has violated or is in danger of violating statutes related to employee leasing. 40-6-304 All recordings of wire, oral, or electronic communications received through a judicially authorized wiretap. Baltrip v. Norris, 23 S.W.2d at 341. 10-7-504(k) Addresses, phone numbers, Social Security Numbers, and the criminal offense at issue for those persons seeking compensation as crime victims. LEXIS 379 (Tenn. Ct. App. The Tennessee Supreme Court has recently confirmed that when seeking email integrated records, the requestor need not present his claim to the criminal court handling the underlying case. 11-1-102 Department of environment and conservation records about radioactive materials regulated under the Atomic Energy Act and the specific location of threatened, endangered, or rare species that would not be available to the public under the federal law or regulation. 67-8-109 Permits Commissioner of Revenue to determine what portions of his records concerning transfer taxes should remain closed. 8-44-106. 50-3-504 Trade secrets or otherwise privileged information in the labor and workforce development office. "Strict compliance with [the Act] is necessary with respect to the matters required to be recorded and included in the minutes . Dec. 7, 2005). The Tennessee Public Records Act makes no provision for administrative review of denials. 10-7-504(a)(17) The telephone number, address and any other information which might be used to locate the whereabouts of a domestic violence shelter or rape crisis center. T.C.A. kk. The medical records of patients in state institutions, including those containing the source of organ donations for transplantation and information concerning organ donors, T.C.A. Similar screening panels of the state Board of Nursing are not subject to the Act. T.C.A. Att'y Gen. No. Our Mission: To Make Government Work Better. 45-3-807, 45-3-814, 45-3-1308 (savings and loan associations may decline to disclose their records except under certain circumstances); T.C.A. Screening panels of the Board of Chiropractic Examiners utilized to investigate, mediate or arbitrate complaints are not subject to the Act. 23-4-105 Records, proceedings, and all communications of any lawyer's assistance program. Multiple members of a governing body can go into a closed gathering with the city/town attorney when: However, the governing body must deliberate towards and/or make decisions related to the subject of the executive session in an adequately noticed public meeting. 2007). 10-7-504(e) Unpublished telephone numbers in the possession of emergency communications districts. T.C.A. 8-44-102(b)(1)(A). 8-44-102(b)(2); Chance meetings of two or more members of a governing body, if the members do not deliberate towards or make a decision on public business (T.C.A. THIRD AMENDED . 10-7-505(b). 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. Op. 41-21-240 Identifying information concerning a crime victim or a crime victim's representative who requests notification of an inmate's pending release.

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