1992) (court of appeals upheld denial that particular parts of records constitute investigation records of the Tennessee Bureau of Investigation); c. Records of the military department involving national or state security, including national guard personnel records and staff studies and investigations, T.C.A. T.C.A. T.C.A. 10-7-504(a)(15); p. A governmental entity's records of address, telephone number and Social Security number that might be used to locate someone who has a protection order from a court to protect such person from violence, T.C.A. Direct access to such a computer may not be permitted unless protection of any confidential information is ensured. 8-44-106(d). 17-5-303(b) Complaints of judicial disability to the Court of the Judiciary. 7-59-306(c)(2) Supporting statements submitted to determine cable or video franchise fees due to a municipality or county. T.C.A. 63-1-138 (c) Documents produced by health practitioner screening panels before a filing of a notice of charges and such documents or records form the basis for such filing of a notice of charges. T.C.A. T.C.A. T.C.A. 62-1-116 The accountant's privilege, which presumably applies to accountants employed by the government. This is the primary remedy under the Act. 3-10-108(b). In Moncier v. Harris, 2017 Tenn. App LEXIS 165 (Mar. 8-44-102(b)(1)(D), or the board of directors of any non-profit corporation or association authorized to obtain coverage for government employees in the Tennessee consolidated retirement system. 2003) (allowing access to officers' photographs), But see Contemporary Media v. Giles, 30 Med. 2-11-202(a)(5) Report of any election law violations investigation conducted by the Coordinator of Elections. Att'y Gen. No. 6-1-126(b)(3) (providing that adoption records maintained by electronic media are confidential and must be secured as such); Op. In Coleman v. Kisber, 338 S.W.3d 895 (Tenn. Ct. App. 49-4-903 Individual student records submitted to TSAC and THEC under state lottery scholarship and grant programs. T.C.A. 56-51-150 Information pertaining to the diagnosis, treatment or health of any enrollee of a prepaid limited health service organization or any state investigation of such organization by law enforcement, regulatory, licensing or other governmental agency for purposes of prosecuting or preventing insurance fraud. These policies addressed many of the procedures for requesting records and often contain a suggested form for requesting records. T.C.A. Proposals and statements of qualifications received by local government entities in response to a personal service, professional service, or consultant service request for proposals, T.C.A. July 8, 1992) (questioning what is a governing body); Op. This part shall not be construed to limit any of the rights and privileges contained in Article I, 19, of the constitution of the state of Tennessee. T.C.A. 8-44-109. 40-28-119(c) Permits parole board to promulgate rules relative to the confidentiality of records of parolees. 3-6-308(a)&(c) Audit and investigatory audit information held by the ethics commission in performing its duties under the Comprehensive Governmental Ethics Reform Act of 2006. Covered by the Act. P. was authority for denying access to closed police investigative files). T.C.A. The custodian may not require that the request be delivered in person or by U.S. Mail. 10-7-504(a)(25). T.C.A. T.C.A. The legislature has enacted numerous other statutes providing that certain records be deemed confidential or closed. E. Are there sanctions for unapproved comment? In 1991, however, the specific language was further amended to read: "unless otherwise provided by state law." 10-7-301(6). 4-3-712, -730 Proprietary information acquired by the Department of Economic and Community Development is confidential only if so designated by the Department Commissioner and the Attorney General. See also Smith v. Harter, 20 TAM 8-35(Tenn. Ct. App. The charge will be the hourly rate of such public employee involved in the search. 2d 297 (Tenn. 1998) (electric power board was required to disclose its customer names, addresses, and telephone numbers as a public record, even though it did not have a list of only that information.). T.C.A. Arguably, the separation of powers doctrine might prohibit additional judicial records from being disclosed by the legislature's enactment of the Public Records Act. 10-7-504(a)(9); j. Appeal as of right would be to the Tennessee Court of Appeals. The Act makes an award of attorney's fees discretionary with the court, if "the court finds that a governmental entity, or agent thereof, refusing to disclose a record knew that such record was public and willfully refused to disclose it." 36-4-130(a) Confidential communications during divorce mediation proceedings. 2010) (economic and community development records under the Tennessee Small Business Investment Company Credit Act, T.C.A. 33-3-105 Allows disclosure in very limited circumstances. Strategic Plan 71-1-118 Prohibits copying of the list of public welfare recipients maintained by the Commissioner of Human Services. 67-8-404 Permits Commissioner of Revenue by rule to determine what portion of his records concerning inheritance taxes are closed. The Act provides no time limit for filing suit. 63-7-115(b)(3). 68-1-119(a) Information that might reveal the identities of the patient of an ambulatory surgical treatment center. x. Information in an application for a handgun permit are confidential. T.C.A. 8-44-103 (1995). T.C.A. The State Gazette's story probes whether the meeting violated the state's sunshine laws. 45-8-221(a) Information obtained by the Commissioner of Financial Institutions or any financial institutions examiner of a business and industrial development corporation obtained for the purpose of ascertaining the true condition of the affairs of such corporation. Records identifying structural or operational vulnerability of a utility, T.C.A. Members of the board of a rural electric cooperative operating under T.C.A. 1998). 2000). The following is a list of the exceptions to the Tennessee Public Records Act: T.C.A. Required contents of a written request. The determination of whether a document has been received "in connection with the transaction of official business" requires an examination of the totality of the circumstances. Under T.C.A. These laws are sometimes known as open records laws or public records laws, and are also collectively referred to as FOIA laws, after the federal Freedom of Information Act.. For more information about sunshine laws in a particular state, select that state from the map below. The Office of Open Records Counsel developed a model policy that many governmental entities have followed. T.C.A. 37-10-304 The record of evidence submitted to a court in connection with an application for a minor to have an abortion. 68-5-703(c) Results of HIV testing of pregnant women. II, 1 and 2, as construed by Smith County Education Ass'n v. Anderson, 676 S.W.2d 328 (Tenn. 1984). Appellate review is available, as the court's decision on the petition is a final judgment on the merits. PDF TENNESSEE DEPARTMENT OF HEALTH AMENDED - TN.gov App.). Documents considered work product may be protected from discovery under the Public Records Act. The board of directors of a preferred provider organization that contracts with insurance companies and employers and provides contracting third-party payers with a network of physicians is considered a governmental body because the organization is a non-profit, public benefit organization which acts on behalf of and is, in essence, a division or subsidiary of the county hospital district that created it. PUBLIC MEETINGS. 8-44-101. We Serve Business and Government to Improve the Lives of Tennesseans. 10-7-504(a)(23) Records containing the results of individual teacher evaluations administered by the State Board of Education. T.C.A. Att'y Gen. No. General Provisions. 8-44-103. 8-44-102(B) (concerning meetings of private nonprofit corporations receiving money from the government). Who is subject to the Open Meetings Act? - Tennessee Coalition for Open To encourage a response, the requester could communicate with the custodian to understand what records exist in an effort to narrow the search. 10-7-504(r). CTASStaff 8-44-102(a) (1995), has survived vigorous constitutional challenges that the law was vague, ambiguous, unreasonable, and arbitrary and chilled free speech. T.C.A. 63-6-221; 63-9-117 Results of complaint investigations of office-based surgeries. The Tennessee Public Records Act, compiled in Title 10, Chapter 7, Part 5 of the Tennessee Code, and the Tennessee Open Meetings Act, compiled in Title 8, Chapter 44, Part 1 of the Tennessee Code, are available through the following link to a LEXIS Law Publishing Website containing the Tennessee Code. cc. Art. The "Jabari Bailey Highway Safety Act" updates Tennessee's "Move Over" law. LEXIS 298. This closure applies to not only records created by law enforcement, but also records of third parties gathered by law enforcement. However, the holder of the documents may waive their confidentiality. T.C.A. If conducted by a governing body, it must be open. T.C.A. PDF Statutory Exceptions to the Tennessee Public Records Act 1999) (City waived work product protection for a report prepared by city attorney by making the report a focal point at two public meetings). 45-1-117 Criminal history records information gathered as a condition of employment with the department of financial institutions. In 2008 the Act was revised to state, A governmental entity is prohibited from avoiding its disclosure obligations by contractually delegating its responsibility to a private entity. T.C.A. 215, 234 (1976). 50-3-914(a) Information containing or revealing trade secrets obtained by the Commissioner of Labor while enforcing the occupational safety and health laws. 8-6-407. T.C.A. 2790, are governing bodies subject to the openness requirements of the Act. 10-7-504(a)(24) Commercial and financial information provided to the Alcoholic Beverage Commission that would give competitors an advantage over those who do not know or use such information. Feb. 13, 2004) (court found no basis for city's refusal to provide settlement agreement). Open Government Guide Tennessee - Reporters Committee 8-44-102(b). Closed executive sessions if discussion or consideration of commercial or financial information or trade secrets. Only sessions to communicate with the attorney for the body may be closed. A public record is defined as follows: 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. No. Generally open, however, frequent legislative attempts are made to close these records. T.C.A. Further, if a physical quorum is not present at the meeting, the governing body must make a finding of "necessity" for electronic participation. T.C.A. T.C.A. T.C.A. Currently, drivers will be penalized if they don't change lane or slow down for a stopped emergency vehicle. Smith County Educ. The board of directors of any non-profit corporation that contracts with a state agency to receive community grant funds that comprise at least 30 percent of the corporation's annual income are "governing bodies" under the Act. PDF TENNESSEE DEPARTMENT OF HEALTH MEMORANDUM AMENDED To - TN.gov B. Are subsequent or concurrent measures (formal or informal) available? 16-20-103; 40-28-504; 40-38-110. T.C.A. 56-3-111 Report of insurance companies to the Board of Medical Examiners concerning medical malpractice settlements in excess of a certain amount. 43-35-101 Information furnished to or received by the Southern Dairy Compact Commission. 69-7-305 (1) Water quantity data deemed by the commissioner of environment and conservation to contain trade secret information. 56-53-109(c) Information submitted to or generated by law enforcement or insurance department for the purposes of detecting or prosecuting insurance fraud. T.C.A. Bd., 608 S.W.2d 855, 859-60 (Tenn. Ct. App. Covered by the Act. 49-6-6001(c) Department of Education student achievement tests and answers. T.C.A. Deeds, liens, foreclosures, title history, 4. 10-7-505(d). 54-1-403 Reports to the department of transportation regarding littering offenses. TCA 10-7-503. hh. A legislator's e-mail is subject to the Act if it was made or received in connection with the transaction of official business. 10-7-504(j) Identifying information of anyone who has requested the department of correction or the department of probation and parole to provide information regarding the status of a criminal proceeding or a convicted felon. T.C.A. T.C.A. The law allows you to file a lawsuit, and then a judge would decide if an open meetings violation occurred. Additionally, the TOMA requires "adequate public notice" for both regular and special called meetings. See Schneider v. City of Jackson, 226 S.W.2d 332 (Tenn. 2007). The member is also allowed to vote and receive compensation for attendance. 10-7-503(e) Contingency plan of law enforcement agencies to respond to violence, bomb threats, weapon of mass destruction, or terrorist incidents. T.C.A. The Act does not require requests to inspect records to be in writing. T.C.A. Telephone numbers, residential addresses, Social Security numbers, bank account numbers, and driver's license information of public employees or his immediate family member, T.C.A. of Zoning Appeals, 20 TAM 12-17 (Tenn. Ct. App. SECTION. Any person may attend any open meeting that any governing body conducts. T.C.A. Englewood Citizens v. Town of Englewood, 1999 Tenn. App.

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