Tenn. Comp. R. & Regs. 1720-01-11-.04 - RESPONDING TO REQUESTS FOR PUBLIC RECORDS

(1) Records custodians must refer requests to inspect and/or receive copies of public records to the appropriate PRRC.

(2) Upon receiving a public records request:

(a) The PRRC must review the request and make an initial determination of the following:

1. Whether the requestor has presented proof of Tennessee citizenship;

2. Whether the requestor described the records requested with sufficient specificity to identify the records requested; and

3. Whether the University is the custodian of the records requested.

(b) The PRRC must acknowledge receipt of the request and should advise the requestor about the applicable sections of this rule.

(c) The PRRC may ask the requestor whether the request can be narrowed.

(d) The PRRC may offer to assist the requestor in clarifying the request if the request lacks sufficient specificity to identify the records requested.

(e) The PRRC must communicate with the appropriate records custodian(s) about the request (e.g., when the request was received and when a response is due; what records exist; how long the records custodian reasonably estimates it will take to produce the records; tracking employee time required to produce the records).

(f) The PRRC must promptly make requested public records available to the requestor for inspection unless there is a basis upon which to deny the request. If not practicable to promptly provide requested records for inspection because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are open; to redact records; or for other similar reasons, then the PRRC must do one of the following within seven (7) business days from the University's receipt of the request:

1. Make the records available to the requestor;

2. Deny the request in writing in accordance with Section 4.3; or

3. Provide the requestor with a completed Public Records Request Response Form.

(3) If denying the request is appropriate, then the PRRC must deny the request in writing (the PRRC may use the Public Records Request Response Form) and provide the basis for the denial, such as one of the following:

(a) The requestor is not, or has not presented proof of being, a Tennessee citizen;

(b) The request lacks sufficient specificity to identify the records requested;

(c) An exemption makes the record not subject to disclosure under the TPRA (the PRRC must state the basis for the denial in writing);

(d) The University is not the custodian of the requested records (if requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, then the PRRC should advise the requestor of the correct governmental entity and PRRC for that entity if known); or

(e) The records do not exist.

(4) The TPRA does not require the University to sort through files to compile information or to create or recreate a record that does not exist.

(5) If the PRRC reasonably determines that production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, then the PRRC should notify the requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If the production of records is segmented, then the PRRC may segment the pre-payment of production costs.

(6) If the PRRC discovers that public records responsive to a public records request were omitted, then the PRRC should contact the requestor concerning the omission and produce the public records as quickly as practicable.

(7) Redaction

(a) If a record contains information that is not open for public inspection (e.g., confidential information), then the PRRC must coordinate with the records custodian to prepare a redacted copy of the public record prior to providing access to the requestor. If questions arise concerning redaction, the PRRC or the records custodian should consult with the Office of the General Counsel.

(b) Whenever a redacted record is provided, the PRRC should provide the requestor with the basis for redaction. The basis given for redaction must be general in nature and not disclose confidential information.

(8) Law Enforcement Personnel Records

(a) If a requestor makes a request to inspect the personnel records of an employee in a University police department, then prior to allowing an inspection the PRRC must:

1. Obtain the requestor's name, address, business telephone number, home telephone number, and driver license number or other appropriate identification, or if the request is made for a professional, business purpose, or official purpose, obtain the requestor's business address, business telephone number, business e-mail address, and if requested by the campus chief law enforcement officer or his/her designee, the name and contact number or e-mail address for a supervisor for verification purposes;

2. Redact personal information as required by law;

3. Notify the chief law enforcement officer for the campus (or his/her designee), who must consider whether there is a reason not to disclose additional personal information relating to the law enforcement employee. "Personal information" includes, but is not limited to, an officer's residential address, home and personal cellular telephone number; place of employment; name, work address and telephone numbers of the officer's immediate family; name, location, and telephone number of any educational institution or daycare provider where the officer's spouse or child is enrolled;

4. If the request is for a professional, business, or official purpose, then the chief law enforcement officer (or his/her designee) must consider the specific circumstances and determine whether there is a reason not to disclose other information relating to the employee; and

5. Ensure that the chief law enforcement officer (or his/her designee), prior to making a final decision on whether to withhold information in addition to reasons required by law, has notified the employee whose file has been requested and has provided two (2) business days for the employee to be heard and oppose the release of the information.

(b) After giving an employee time to oppose the release of information, if the chief law enforcement officer for the campus (or his/her designee) decides to withhold information (other than pursuant to reasons required by law), then a specific reason must be given to the requestor in writing within two (2) business days, and the file must be released with the personal information redacted.

(c) The chief law enforcement officer for the campus (or his/her designee) may keep information that could be used to identify or to locate an undercover employee in a location other than the employee's personnel file.

(d) When the personnel records of a University law enforcement employee are inspected, the PRRC must make a record of such inspection and provide notice, within three (3) days from the date of the inspection, to the employee whose personnel records have inspected. The record made by the PRRC must include the following information:

1. That an inspection of the employee's personnel records took place;

2. The name, address, and telephone number of the person making the inspection;

3. For whom the inspection was made; and

4. The date of such inspection.

Notes

Tenn. Comp. R. & Regs. 1720-01-11-.04

Public necessity rule filed October 31, 2008; effective through April 14, 2009. Public necessity rule filed October 31, 2008, and effective through April 14, 2009, expired effective April 15, 2009, and rule reverted to its previous status. Original rule filed February 26, 2009; effective June 26, 2009. Repeal filed September 26, 2017; effective December 25, 2017. New rules filed December 10, 2018; effective 3/10/2019.

Authority: T.C.A. §§ 10-7-503, et seq.; 10-7-504(g); 10-7-506(a); 49-9-209(e); Public Acts of Tennessee, 1839-1840, Chapter 98, Section 5; and Public Acts of Tennessee, 1807, Chapter 64.