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Consent

Brentwood City Commission Agenda

Meeting Date:	06/26/2017
Ordinance 2017-15 - Amending Brentwood Municipal Code Regarding Access to Public Records
Submitted by:	Roger Horner, Legal
Department:	Legal

Information

Subject

Ordinance 2017-15 - Amending Brentwood Municipal Code Regarding Access to Public Records

Background

↵Ordinance 2017-15, if passed, will revise existing provisions in the Brentwood Municipal Code regarding access to and inspection of public records.

Tennessee law allows all Tennessee citizens access to public records maintained by local governments. For a reasonable charge, citizens may also obtain copies of those records. Access to public records is a matter of such importance in Tennessee that the State Comptroller's office includes an Office of Open Records Counsel (OORC). The OORC provides guidance to governmental entities and citizens in regard to matters concerning public records and public meetings. While the law makes certain records confidential (such as those pertaining to pending criminal investigations or certain private information in employee personnel files) most records held by local governments are public records. In cases where an otherwise public record includes confidential information, a copy of the record with the confidential information redacted must be produced upon request.

In 2014, the City enacted Ordinance 2014-14, which established a formal policy regarding access to and inspection of public records. This policy is now codified in Section 2-2 of the Brentwood Municipal Code. In addition to adopting standards for access to City records, the City's 2014 policy establishes charges for providing copies of records. These charges are based on a "Schedule of Reasonable Charges for Copies of Public Records" adopted by the OORC. Charges are imposed only when copies are requested, and no charge may be imposed when a citizen wishes only to inspect records on-site. When more than one hour of employee time is spent retrieving, redacting and reproducing records, the employee's hourly wage cost beyond the first hour may be charged.

Last year, the Tennessee General Assembly passed Public Chapter 722, which amends the statute on public records. Under the new law, government entities must establish a written public records policy that includes:

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.

Although the City already has a public records policy in place, the current policy does not include two of the elements listed above: a copy of any forms for requesting copies of records, or contact information for a public records request coordinator. Since forms and contact information for individuals are not usually included in the Municipal Code, staff is proposing that the existing public records policy be removed from Code Section 2-2 for the most part. Instead, a new public records policy will be adopted by resolution. Section 2-2 will make reference to the policy adopted by resolution and will also still include a schedule of charges for copies of public records. (A provision of the City's Charter requires that fees for copies of records be adopted by ordinance.) No changes are proposed to the current charges for copies.

A separate resolution to adopt a new public records policy that complies with the new requirements of Tennessee law is also scheduled for consideration at the June 26, 2017 meeting.

Please contact the City Attorney if you have any questions about this ordinance.

Staff Recommendation

Staff recommends passage of Ordinance 2017-15.

Previous Commission Action

Ordinance 2014-14, amending the Brentwood Municipal Code to establish policies regarding access to public records, passed final reading on August 11, 2014.

Ordinance 2017-15 passed unanimously on first reading at the June 13, 2017 Commission meeting.

Fiscal Impact

Attachments
Ordinance 2017-15
Code Section 2-2 with proposed changes
Signed Ordinance