Open Records Request presented by Records Management

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Presentation transcript:

Open Records Request presented by Records Management Records Management Secretary of State Tre Hargett May 24, 2017 Our mission is to exceed the expectations of our customers, the taxpayers, by operating at the highest levels of accuracy, cost-effectiveness, and accountability in a customer-centered environment.

TN Public Records Act T.C.A. 10-7-503(g): Every governmental entity subject to TN Public Records Act must adopt a written public records policy by July 1, 2017. Office of Open Records Counsel has provided a model public records policy to serve as guidance in developing the policies.

Policy Requirements The process for requesting access to public records and any required forms. The process for responding to requests, including redaction practices. Statement of fees charged for copies and billing/payment procedures. Establish a Public Records Request Coordinator and post name or title and contact information.

Major Points of Model Policy Basic Outline of Policy Legal requirement Hours of operation Contact persons for questions regarding application Definitions Records Custodian Public Records Public Records Request Coordinator (PRRC) Requestor Requesting Access Requests to be made to agency PRRC. Requests made be made orally or in writing. Decide if proof of TN citizenship is required. Describe what commonly requested items are available online.

Model Policy part 2 Responding to Requests Public Records Request Coordinator actions Records Custodian responsibilities Redaction Process Inspection of Records No Charge for inspection of open records Location of inspection Notice of need for appointment or if an alternate location is required

Model Policy part 3 Copies of Records Prompt response is required. Location copies are available for pick-up. Outline of process to deliver via U.S. Postal Service. If a requestor is allowed to make copies with personal equipment. Fees & Payment Procedures Fees are not to be used to hinder access. Estimate will be provided to requestors and pre-payment may be required. When fees may be waived if under a set cost. Fee schedule and payment methods

Common Questions Are records request documents public records? Yes, they are and covered by Statewide RDA SW35. May I destroy records past the retention date if a public records request is made? No, if you have the records at the time of the request you must provide them. Is the agency Records Officer automatically the Public Records Request Coordinator (PRRC)? No, the agency has to name the PRRC and it does not have to be the records officer.

Contact Information Office of Open Records Counsel: Lee Pope, JD 505 Deaderick Street, Suite 1700 James K Polk Building Nashville, TN 37243-1402 615-401-7891 Open.records@cot.tn.gov http://www.comptroller.tn.gov/openrecords/

Contact Information State Attorney General’s Office Janet M. Kleinfelter, Deputy Attorney General Public Interest Division PO Box 20207 Nashville, TN 37202 615-741-7403 Janet.Kleinfelter@ag.tn.gov http://tn.gov/attorneygeneral/