Inspecting and Copying Public Records (6.20)

The Tennessee Public Records Act, codified at Tenn. Code Ann. § 10-7-503 et seq., grants Tennessee citizens the right to inspect public records. The law allows records custodians to charge fees to supply copies of public records. Under Tenn. Code Ann. § 8-4-601 et seq., in 2008, the General Assembly created the Office of Open Records Counsel (OORC) and directed the OORC to develop a schedule of charges that may be used as a guideline to charge Tennessee citizens who request copies of public records. These guidelines create a safe harbor for institutions and records custodians who adhere to the policies and guidelines established by the OORC. The Tennessee Board of Regents promulgated policy #4:07:10:00, Charges for Producing Copies of Public Records, incorporating the OORC guidelines as they may be from time to time amended. Tennessee State University (TSU) has adopted this policy and the OORC guidelines, as follows.

1. "Labor" means the time reasonably necessary to produce requested records, including time spent locating, retrieving, reviewing, redacting, and reproducing the records.
2. "Labor threshold" means the labor of the employee(s) reasonably necessary to produce requested records for the first hour incurred by the institution in producing the records.
3. "Production costs" means all reasonable costs the institution incurred to produce the public records requested by the requesting party.  Production costs include copying costs, labor costs, and delivery costs, as described in this policy.
4. "Public record" means any record of the institution that is required to be open to inspection under the provisions of Tennessee and United States laws.
5. "Public Records Designee" or "PRD" means the person(s) at each campus, department or unit who receives/receive and coordinates /coordinate public records requests and maintains/maintain documentation of public records requests, responses, and charges.
6. "Requesting party" means a Tennessee citizen who requests to inspect or copy public records.   To have access to public records, a requesting party must be a citizen of the State of Tennessee and provide a photo ID issued by a governmental entity containing the requestor’s Tennessee address.

1. First, determine the number of hours each employee spent producing the requested public records.
2. Second, subtract one (1) hour from the number of hours the highest paid employee spent producing the request.
3. Third, multiply the total number of hours to be charged for the labor of each employee by that employee's hourly wage; and
4. Fourth, add together the totals for all the employees involved in the request to determine the total amount of the labor costs to be charged to the requesting party.

1. There is no delivery charge for copies of records if the requestor picks the records up (i.e., receives them by hand delivery).
2. At the discretion of the records custodian, copies of public records may be delivered through other means, including electronically, by U.S. Postal Service, or, if requested, by commercial carrier. If records are delivered using the U.S. Postal service or a commercial carrier, the requestor shall be assessed any labor costs incurred by the University related to preparing the records for this mode of delivery.
3. It is anticipated that most requestors will pick the records up (i.e., receive them by hand delivery) and will not be assessed a delivery charge.

1. The PRD shall provide the requesting party an estimate of the production costs before initiating the production of copies of the requested public records.
2. Payment of all production costs must be made in full before copies of public records are delivered or otherwise made available to the requesting party.
3. Production costs must be paid by cash or check. Cash payments must be for the exact amount of the publication costs.
4. The PRD will provide a receipt to the requesting party upon receipt of payment of the productions costs.

IX. REQUESTS FOR COPIES FOLLOWING INSPECTION

Authority:

Office of Open Record Counsel (OORC) Schedule of Reasonable Charges http://state.tn.us/comptroller/openrecords/pdf/ScheduleofReasonableCharges(final)8.pdf

OORC Frequent and Multiple Request Policy http://state.tn.us/comptroller/openrecords/pdf/FrequentandMultipleRequestPolicy(final)9.pdf

Tennessee Public Records Act, Tenn. Code Ann. §10-7-503 et seq.

Tennessee Office of Open Records Counsel, Tenn. Code Ann. §§ 8-6-601 et seq.

A. RECORDS PRODUCTION LETTER

(Insert Agency Name and Address)

(Insert date)

On _______ (date), this Office received your open records request to inspect/receive copies of _____________________ (insert description of records), attached (attach copy of written request). Tenn. Code Ann. § 10-7-503(a) provides the following:

(2)(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 such 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 requestor a completed records request response form developed by the office of open records counsel stating the time reasonably necessary to produce such record or information. [Emphasis added]

This Office is currently in the process of retrieving, reviewing, and/or redacting the requested records. In accordance with the above-cited law, this letter is being sent to inform you that by _______________________ (insert reasonably necessary time), either the records you have requested to inspect/receive copies of will be available or a determination of accessibility and availability will be made regarding the requested records.

[Include as appropriate if partial denial] This Office is unable to provide you with part of the requested record(s) and a separate denial letter is being/has been sent to you.]

If you have any additional questions please contact (insert contact person’s name and phone number).

Attachment [Open Records Act request to inspect/receive copies]

B. RECORDS REQUEST DENIAL LETTER

(Insert Agency Name and Address)

(Insert date)

On _______ (date), this Office received your open records request to inspect/receive copies of _____________________ (insert description of records). After reviewing the request, this Office is unable to provide you with either all or part of the requested record(s). The basis for this denial is:

If you have any additional questions please contact ______________________ (insert contact person and phone number).

C. NOTICE OF AGGREGATION OF MULTIPLE REQUESTORS

_____________________________________________________________________________

Records Custodian: _______________________________________________________

(Name of Governmental Entity, Office or Agency)

Employee/official authorizing aggregation:_____________________________________

(Name and title)

Address and phone number:_________________________________________________

________________________________________________________________________

Other Offices or Custodians included in aggregation:_____________________________

________________________________________________________________________

________________________________________________________________________

(________) of Requestors being aggregated:

(Number)

Requestor’s name, address and contact information: ________________________________________________________________________

________________________________________________________________________

Requestor’s name, address and contact information: ________________________________________________________________________

________________________________________________________________________

Requestor’s name, address and contact information: ________________________________________________________________________

________________________________________________________________________

Requestor’s name, address and contact information: ________________________________________________________________________

________________________________________________________________________

Requestor’s name, address and contact information: ________________________________________________________________________

________________________________________________________________________

Explanation of basis for aggregation and description of scope (records included/excluded):

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

Requestors have been notified that a properly adopted aggregation policy exists, that the decision to aggregate has been made, and that there is a right to appeal the decision to the Office of Open Records Counsel.

_________________________________

Signature of Records Custodian, date

_________________________________

Signature of Requestor, date

_________________________________

Signature of Requestor, date

_________________________________

Signature of Requestor, date

_________________________________

Signature of Requestor, date