The State of the TPRA (Recent updates) Elisha D. Hodge, J.D. MTAS Legal Consultant TGFOA Spring Conference March 30, 2017

Legislation Passed in 2016 Public Chapter 686, Acts of 2016 makes local government RFP and RFQ records confidential until the intent to award is announced. Public Chapter 974, Acts of 2016 makes the specific amount of money spent in a given market on digital and traditional media or specifics about targeted audiences identified for marketing purposes confidential in municipalities whose primary industry is tourism. Aggregate amounts spent remain public information.

Legislation Passed in 2016 (cont.) Public Chapter 1009, Acts of 2016 makes the identity of the vendor used to protect government property, government employee information and citizen information confidential at the state level; however the information will only be confidential at the local level if the local government votes in the affirmative to make the information confidential. The amount paid to the vendor remains public record. (**SB1201/HB0313)

Legislation Passed in 2016 (cont.) Public Chapter 796, Acts of 2016 permits local governments to publish the names of operators who have failed to collect or remit occupancy tax when: 1. The due or delinquent amount exceeds $10,000 and has been due or delinquent for 120 days; or 2. The amount due or delinquent exceeds $50,000. The notice can be posted once a week for 2 consecutive weeks in January in a newspaper of general circulation or 1 or more newspapers published or distributed in the municipality or county. The operator’s name and the amount owed cannot be published if the operator has filed a lawsuit challenging the collection or assessment of the tax.

Legislation Passed in 2016 (cont.) Public Chapter 722, Acts of 2016 Section 1 Definition of “public records request coordinator” in subsection (B). Definition of “records custodian” in subsection (C).

Legislation Passed in 2016 (cont.) Section 4 Requires every entity subject to the TPRA to have a public records policy in place by July 1, 2017. It also requires the policy to be adopted by the appropriate governing authority. Specifies that the policy cannot contain requirements more burdensome than state law.

Legislation Passed in 2016 (cont.) Requires the policy to include: The process for making requests to inspect public records or receive copies of public records and a copy of any required request form; The process for responding to requests, including redaction practices; A statement of any fees charged for copies of public records and the procedures for billing and payment; and The name or title and the contact information of the individual or individuals within such governmental entity designated as the public records request coordinator.

Legislation Passed in 2016 (cont.) Section 5 Amends Tenn. Code Ann. Section 10-7-504(a) by adding subdivision (28) which prohibits a governmental entity from publically disclosing personally identifying information about any citizen of Tennessee, except in very limited circumstances.

Legislation Passed in 2016 (cont.) Personally identifying information includes: Social security numbers; Official state or government issued driver licenses or identification numbers; Alien registration numbers or passport numbers; Employer or taxpayer identification numbers; Unique biometric data, such as fingerprints, voice prints, retina or iris images, or other unique physical representations; or Unique electronic identification numbers, addresses, routing codes or other personal identifying data which enables an individual to obtain merchandise or service or to otherwise financially encumber the legitimate possessor of the identifying data. (**SB0842/HB0516)

Legislation Passed in 2016 (cont.) Authorizes the use of personally identifying information by a governmental entity for official purposes. Authorizes the disclosure of personally identifying information to other governmental entities, federal agencies and private individuals authorized to perform certain duties as contractors for governmental entities. Confidentiality provisions still apply.

Legislation Passed in 2016 (cont.) Sections 6, 7, and 8 Section 6 deletes the language in Tenn. Code Ann. Section 4-4-125. Folds the language into Section 5. Section 7 adds language to Tenn. Code Ann. Section 8-4-604(a) by requiring the OORC to develop a model public records policy. Section 8 requires the draft policy to be provided to the Advisory Committee on Open Government for comment before the final policy is established.

The Model Public Records Policy OORC Model Public Records Policy: http://www.comptroller.tn.gov/repository/OpenRecords/FormsSchedulePoliciesGuidelines/20170119MODELPUBLICRECORDSPOLICY.pdf MTAS Sample Resolution: http://www.mtas.tennessee.edu/KnowledgeBase.nsf/0/DB3B7752418F3087852580D70057A993?OpenDocument CTAS Sample Resolution and Guidance: http://www.ctas.tennessee.edu/sites/default/files/CTAS%20Newsletter%20March%202017%20Final.pdf

Forms Developed by the OORC https://www.comptroller.tn.gov/openrecords/forms.asp Records Request Form Records Response Form

Schedule, Policies, and Guidelines Developed by the OORC https://www.comptroller.tn.gov/openrecords/forms.asp Schedule of Reasonable Charges Reasonable Charges for Frequent and Multiple Requests Safe Harbor Policy Informal Advisory Opinion Policy Best Practices & Guidelines

Recent Public Records Cases http://tcog.info/davidson-county-must-pay-nearly-57k-attorneys-fees-public-records-case/ Moncier v. Harris, No. E2016-00209-COA-R3-CV, 2017 WL 946350, (Tenn. Ct. App. March 10, 2017). https://www.tncourts.gov/sites/default/files/moncier_v_harris.pdf

Legislation to Watch in 2017 SB1201/HB0313 (government vendor identity) SB0842/HB0516 (removes addresses from personally identifying information) SB0442/HB0732 (certain BWC footage) SB1179/HB0947 (records related to agreement or contracts for economic and community development) ***SB0464/HB0058 (making public records requests)

Resources If you have questions regarding the Tennessee Public Records or Open Meetings Acts, call Ann Butterworth or Lee Pope in the Office of Open Records Counsel at (615) 401-7891 or email your question to https://www.comptroller.tn.gov/openrecordsinquiry/ . I can be reached by phone at 615-532-6827 or you can email me at Elisha.Hodge@tennessee.edu. You access the MTAS website at http://www.mtas.tennessee.edu/web2012.nsf/Web/Home.