FAQs

What types of records can I request?

The Tennessee Public Records Act grants Tennessee citizens the right to access state, county and municipal public records. “Public Records” are defined as “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 received pursuant to law or ordinance or in connection with the transaction of official business by any governmental entity.” Tenn. Code Ann. § 10-7-503(a)(1)(A)(i).


The following records are not records of the City of Johnson City and are therefore not available for inspection and can not be obtained through a Public Records Request made to the City.


How detailed must a request for public records be?

The Tennessee Public Records Act requires that requests for public records must be sufficiently detailed to enable a governmental entity to identify the specific records for inspection or copying. Tenn. Code Ann. § 10-7-503(a)(4). Governmental entities are not required to sort through files and compile information to respond to a records request. Accordingly, a request may be denied if it does not sufficiently identify specific records or broadly requires a records custodian to sort through files or compile information.


Are all public records available for inspection or copying?

No. The Tennessee Public Records Act helps ensure government accountability and transparency by providing Tennessee citizens access to public records. However, statutes that make certain public records confidential and exempt from disclosure are found throughout the Tennessee Code. On January 30, 2018, the Office of Office of Open Records Counsel released a report identifying 538 statutory excepetions to the Tennessee Public Records Act. The office also created a searchable public database of the statutory exceptions containing new and amended exceptions from the 2018 session of the Tennessee General Assembly. The TN Public Records Exception Database can be accessed here: Public Records Exception Database.


Who can request public records?

Only citizens of Tennessee have the right to inspect and receive copies of public records under the Tennessee Public Records Act. Tenn. Code Ann. § 10-7-503(a)(2)(A). However, governmental entities may make records accessible to individuals who are not citizens of Tennessee.


May a governmental entity require identification to inspect or receive copies of public records?

Yes. A governmental entity may require an individual requesting access to public records to present a government-issued photo identification that includes an address. Tenn. Code Ann. § 10-7-503(a)(7)(A)(vi). If an individual does not possess a government-issued photo identification that includes an address, a governmental entity may accept other forms of identification the governmental entity deems acceptable. Such alternative forms of acceptable identification should be set forth in the governmental entity’s public records policy.  


Is there a charge to inspect public records?

The Tennessee Public Records Act prohibits a records custodian from assessing a charge to inspect public records unless the charge is otherwise required by law. Tenn. Code Ann. § 10-7-503(a)(7)(A)(i). However, if an individual seeks copies of records after inspection, they may be charged for copying costs and labor associated with providing copies of only those particular records.


Is there a charge for copies of public records?

A governmental entity may charge the reasonable costs incurred in producing copies of public records and is required to provide an estimate of the reasonable costs. Tenn. Code Ann. § 10-7-503(a)(7)(C). The reasonable costs that may be charged for copies of public records are set forth in the Schedule of Reasonable Charges (“the Schedule”) promulgated by the Office of Open Records Counsel.


The Schedule provides that a governmental entity may charge 15 cents ($0.15) per 8 ½ x 11 or 8 ½ x 14 black and white copy and 50 cents ($0.50) per 8 ½ x 11 or 8 ½ x 14 color copy, unless the entity’s cost to produce a copy exceeds the threshold amount set out above.


A governmental entity may also charge for the labor involved in producing copies of records. The Schedule generally allows a records custodian to charge a requestor the “hourly wage of the employee(s) reasonably necessary to produce the requested information” after one (1) hour of work has been done by the custodian in producing the requested material.


If charges for copies are imposed in accordance with the Schedule, the charges are presumed reasonable.


What if I disagree with the estimate of costs?

If a requestor believes the estimate of costs is unreasonable, he or she should contact the governmental entity to ask about the basis of the costs. A requestor may also contact the comptroller's office for assistance.

The imposition of unreasonable or unfounded costs can constitute a denial of access to records for which a requestor may file a petition for access to the records in the appropriate circuit or chancery court pursuant to

Tenn. Code Ann. § 10-7-505. 


Is there a charge to inspect or copy public records?

As with requests to inspect physical public records, a governmental entity may not assess a charge associated with inspecting electronic records. If copies of electronic records are requested, a governmental entity may only assess a per-page charge for paper copies that must be produced in responding to the request, such as printing the records for redaction. A governmental entity may also assess labor charges associated with the labor required to produce copies of the requested electronic records and its out-of-pocket costs for flash drives or other storage devices on which electronic copies are provided.  


Is a records custodian required to produce requested records immediately?

If records are readily available, they should be provided promptly. However, if it is not practicable for the records to be made promptly available, the records custodian is required to take one of the following actions within seven (7) business days: make the records available to the requestor; deny the request in writing, providing the basis of the denial; or provide the requestor a written explanation of the time reasonably necessary to produce the records. Tenn. Code Ann. § 10-7-503(1)(2)(B).


Is a requestor required to retrieve copies of public records in person?

No. An individual cannot be required to make a request in person nor can they be required to retrieve records in person. If an individual requests that records be mailed to him or her, the governmental entity is required to mail the records after receiving payment for the cost of delivering the public records.


Does a citizen have the right to bring personal copying equipment to make copies of public records?

The Tennessee Public Records Act grants a person the right to make copies of public records to the extent that person has the right to inspect public records. Tenn. Code Ann. § 10-7-506. However, a governmental entity may establish rules governing the copying of public records during inspection, and these rules may prohibit a person from bringing certain personal equipment to make copies. The City of Johnson City does not allow personal copying equipment to be used. All copies must be made by a City employee.


May a citizen take notes while inspecting records?

Yes.


May a governmental entity supervise an individual who is inspecting public records?

Yes, as long as the purpose of having the staff member sit with the requestor is not to intimidate the requestor. A governmental entity cannot assess a fee for the time that the staff member sits with the requestor.


May a records custodian ask a requester why certain records are being requested?

Generally, no. The Tennessee Public Records Act does not distinguish between public record requests based upon the intended use of the records. In rare circumstances, it is permissible for a records custodian to ask why records are being requested, as he or she may need the information to determine if certain records can be disclosed.


Is a records custodian required to answer questions or provide information?

No. The Tennessee Public Records Act does not require that a records custodian provide a requestor with an explanation or information related to requested public records. However, a records custodian may do so as a courtesy.


Are their penalties for failing to inspect or pay for copies of public records?

Yes. If a person makes two (2) or more requests to inspect public records within a six-month period and, for each request, the person fails to view the public record within fifteen (15) business days of receiving notification that the record is available for inspection, the governmental entity is not required to comply with any public records request from the person for a period of six (6) months from the date of the second request to view the public record, unless the governmental entity determines failure to view the public record was for good cause. Tenn. Code Ann. § 10-7-503(a)(7)(A)(vii)(a).


Also, if a person makes a request for copies of a public record and, after copies have been produced, the person fails to pay the governmental entity the cost for producing such copies, the governmental entity is not required to comply with any public records request from the person until the person pays for such copies; provided, that the person was provided with an estimate of costs for producing the copies prior to producing the copies and the person agreed to pay the estimated cost for such copies. Tenn. Code Ann. § 10-7-503(a)(7)(A)(vii)(b).


Where can I get more information?

Learn more at the comptroller's website.