The Tennessee Public Records Act (TPRA), codified primarily in T.C.A. § 10-7-503 et seq., represents the foundational legal framework governing transparency, accountability, and public access to government information. For a records custodian operating within a small local governmental entity understanding the nuances of the TPRA is not merely an administrative duty; it is a critical legal and operational imperative. The Tennessee General Assembly and the state judiciary have established a clear, unambiguous statutory presumption in favor of openness. State law explicitly instructs courts hearing open records cases to construe the TPRA as broadly as possible in order to grant the citizens the fullest possible public access to public records.
It isn’t enough for a records custodian or public records request coordinator to be up on all the latest developments with the TPRA. We must share this information with other personnel. We recommend regular training sessions so that all employees and board members understand their role in complying with the TPRA.
People are often surprised by how broad the definition of the term “record” is. For instance, emails, text messages, social media direct messages, and data stored within collaboration platforms used for official business are potentially subject to public disclosure. As a result, all must be mindful of preservation guidelines. Remember that we shouldn’t put anything into one of those modes of communication that we wouldn’t mind being released to the public.
The definition of “speech” protected under the First Amendment is incredibly broad and includes the act of requesting information from the government. Any legal action taken against a citizen based upon their request for records or other information from a governmental entity must be carried out very carefully. We must ensure the citizen is not able to claim the governmental entity has done that in retaliation for the citizen’s exercise of their First Amendment rights. As annoying as dealing with public records requests is, defending against a First Amendment retaliation lawsuit is even worse! Be very careful in responding to public records requests and, in doing so, always keeping in mind the constitutionally protected right of the public to communicate with their elected officials.
The Tennessee Comptroller of the Treasury’s Office of the Open Records Counsel is an excellent resource. Their website (https://comptroller.tn.gov/office-functions/open-records-counsel.html) has a lot of helpful information on responding to TPRA requests and they are also good about providing informal guidance for specific situations if you contact them. They regularly travel the state and conduct free training sessions for local government employees that provide a foundation for dealing with TPRA requests.