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Consent

Brentwood City Commission Agenda

Meeting Date:	06/26/2017
Resolution 2017-39 - Adopting Public Records Policy for the City of Brentwood
Submitted by:	Roger Horner, Legal
Department:	Legal

Information

Subject

Resolution 2017-39 - Adoption of new policy providing for access to public records

Background

Resolution 2017-39 adopts a new City-wide policy for providing access to the City's public records. This resolution is the second part of a two-part process initiated by Ordinance 2017-15, which amends the Brentwood Municipal Code in regard to access to public records. Under Ordinance 2017-15, most of the City's current public records policy will be removed from the Code. Instead, Section 2-2 of the Code will refer to the new policy to be adopted by this resolution. The Code will still establish a schedule of fees to be charged for copies of City records, since the City's Charter requires that those fees be established by ordinance.

The new public records policy is proposed in response to a 2016 Tennessee law requiring all government entities to 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.

The City's 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 has proposed that the existing public records policy be removed from Code Section 2-2 for the most part and replaced with the new policy established by this resolution.

The proposed policy is based in part on a model public records policy developed by Tennessee's 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. Staff combined parts of the City's existing policy with the OORC's model policy and developed a proposed policy that is tailored to the City.

Rather than designating a single individual as the "public records request coordinator", the City's policy would designate the City Recorder as the coordinator for records requests from persons other than media representatives, and the Community Relations Director as the coordinator for records requests from media representatives. As with the City's current policy, the new policy also provides that each City department will have a records custodian (either the department head or an employee designated by the department head.) Tennessee citizens other than media representatives would have the choice of submitting records requests to the City Recorder or directly to a department's records custodian.

In accordance with the new law, the proposed policy also includes a form that may be used to request access to City records. A request to inspect records may be made either in writing or verbally, but a request for copies of records must be submitted in writing. In lieu of the form included with the policy, a person requesting copies of writing may submit a letter or other written request that includes the same information required in the form.

The overall intent of the new policy is to provide transparency to persons who want to learn more about Brentwood's local government through its records. Many of the City's records, including meeting agendas, minutes and financial reports, are readily available on the City’s website (www.brentwoodtn.gov). In situations where access through the website is not a practical option, the policy provides clear procedures for requesting records and the City's response to those requests.

Please contact the City Attorney if you have any questions about the proposed public records policy. Geoff Patterson, a Belmont University law student who is currently interning with the City, assisted with this project.

Staff Recommendation

Staff recommends adoption of the new public records policy.

Previous Commission Action

Ordinance 2017-15, amending the Brentwood Municipal Code regarding access to public records, passed first reading on June 13, 2017, and is scheduled for final reading on June 26, 2017.

Fiscal Impact

Attachments
Resolution 2017-39
Public Records Policy
Signed Resolution