Local Public Offices Each Handle Records Requests Differently

In Cover Stories, News by S. Heather Duncanleave a COMMENT

Although state law sets ground rules for public records requests, there is still leeway for local governments to handle them each a little differently, which can add to citizens’ confusion. And some make it easier than others. In an ironic twist, Knox County would not respond to questions about how it handles citizen requests. Law director Richard Armstrong Jr. would respond only with an email stating that Knox County follows state law and the opinions of the Tennessee Attorney General.

Here’s a sampling of how requests are handled locally:

Do you require requests to be in writing?

City of Knoxville: No. However, city does provide a sample form online for requester convenience; they are asked to fill out if they are asking for emails or have a complicated request. The form requires a photo ID.

Knox County Schools: Not unless the requester invokes the Tennessee code section dealing with open records. Then the request must be submitted in writing.

Metropolitan Planning Commission: No, except for “larger requests that will take a fair amount of staff time.” The form requires a photo ID.

Development Corporation of Knox County/City and county Industrial Development boards (same staff): If the request is to inspect records, no. For copies, yes. The form requires a photo ID.

Knox County E911: Yes, either by their standard form (no photo ID required) or by email.

Do you charge for copies? How much?

City of Knoxville: Usually don’t charge “unless it’s a really big request;” then charge 15 cents per page. There’s no set threshold to determine when they start charging. “It depends on how difficult it was to put together.”

Knox County Schools: A few pages free, otherwise 15 cents per page.

MPC: Vast majority of requests are handled with no fee, and don’t charge for a small number of copies. For larger requests, the cost is 15 cents per page.

Development Corporation/Industrial Development boards: 20 cents per page

Knox County E911: Usually no charge for paper reports like CAD printouts. For audio recordings with accompanying computer printouts, there is an initial fee of $50. These are mostly requested by attorneys.

Do all requests go to a single person?

City of Knoxville: Mostly

Knox County Schools: Yes

MPC: No

Development Corporation/Industrial Development boards: Mostly

Knox County E911: Yes

When do you charge for gathering information to copy? How do you determine the amount?

City of Knoxville: Charges when it takes more than an hour. Mostly when personal information has to be redacted (removed) from the documents. For emails they charge twice—once for the emails to be gathered and once for an attorney to redact them. Charge is based on hourly rate of each of these people.

Knox County Schools: In six years, they say they have not had a request that took a single person over an hour to fulfill. Sometimes requests require people from multiple departments to help gather, but the district counts each person’s time separately and doesn’t charge unless a single employee spends more than an hour. Communications director says district may get a couple of requests a week and fulfilling them takes about 15 percent of her time.

MPC: Charges if it takes more than an hour, using the base pay of the person doing the gathering.

Development Corporation/Industrial Development boards: Only had a couple of requests in last seven years (both to Knoxville IDB); both took more than an hour, but did not charge.

Knox County E911: Yes, $50 per hour beyond the first hour. The amount was set by the Knox County Emergency Communications District board.

Are copies available electronically if someone prefers to receive them that way?

City of Knoxville: Prefers to provide them electronically, typically as PDFs.

Knox County Schools: Usually.

MPC: Almost everything is available electronically (many online even without a request).

Development Corporation/Industrial Development boards: Never had a request for electronic. Would ask attorney.

Knox County E911: Text copies can be provided electronically. Audio requests cannot, because of their large file size.

Sources: City of Knoxville: Communications Director Jesse Mayshark; Knox County Schools: Communications Director Melissa Ogden; Metropolitan Planning Commission: Information & Research Manager Terry Gilhula; Development Corporation of Knox County: Board & Office Administrator Brenda Wilson Spence; Knox County E-911: Records Specialist Michael Mays

S. Heather Duncan has won numerous awards for her feature writing and coverage of the environment, government, education, business and local history during her 15-year reporting career. Originally from Western North Carolina, Heather has worked for Radio Free Europe, the Institute for War and Peace Reporting in London, and several daily newspapers. Heather spent almost a dozen years at The Telegraph in Macon, Ga., where she spent most of her time covering the environment or writing project-investigations that provoked changes such as new laws related to day care and the protection of environmentally-sensitive lands. You can reach Heather at heather@knoxmercury.com

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