tennessee sunshine lawtennessee sunshine law

In Wells v. Warton, 2005 WL 3309651 (Tenn. Ct. App. 45-3-814 Information obtained by bank examiner when examining the affairs of a savings and loan association. Tennessee must stop treating government business as a trade secret issued to undercover law enforcement agents shall be treated as confidential." Text messages and other electronic messages. T.C.A. T.C.A. 49-7-120(b) Trade secrets, patentable information, and commercial or financial information used in research done at state colleges and universities. See Englewood Citizens 1999 Tenn. App. 1999) (City waived work product protection for a report prepared by city attorney by making the report a focal point at two public meetings). 4. 10-7-503(a)(1)(A)(i). Generally, plans of a governmental entity for response to violence or terrorist activities are confidential, as are records exposing a structural or operational vulnerability of a utility service provider. PDF TENNESSEE DEPARTMENT OF HEALTH MEMORANDUM THIRD AMENDED - TN.gov T.C.A. 8-44-102(c)); Strategy sessions of a governing body in labor negotiations, although actual labor negotiations must be conducted in public (T.C.A. 10-7-504(a)(17); r. Computer programs sold, licensed or donated to the state, T.C.A. Durham v. Haslam, 2016 Tenn. App. 63-2-101 A healthcare provider's patient's medical records. The statute provides for no specific pleading format, but Tennessee citizenship should be included in the allegations since that status is necessary for standing to enforce the Act. 50-3-2013 Information containing or revealing trade secrets obtained by the Commissioner of Labor while enforcing the Hazardous Chemical Right to Know Law. 1. T.C.A 10-7-504(a)(22). Redmon v. City of Memphis, 2010 Tenn. App. T.C.A. T.C.A. Although there is no requirement to tape record meetings, such a recording might save the governmental entities actions from being void under the act. 8-44-102(b)(1)(E). T.C.A. This 1998 decision probably overturns Seaton v. Johnson, 20 TAM 8-20 (Tenn. Ct. App. P. 16(a)(2) was sufficient to deny access to investigative files while investigation was in progress). See Rock Abou-Sakher v. Humphreys County, 955 S.W. 2012). 56-2-801 Insurance Commissioner shall keep confidential information received from National Association of Insurance Commissioners from another state or country that is confidential under the laws of those jurisdictions. Only if such communications meet the requirements for email, as stated above. But meetings of county economic development board during which it carries out its function as a joint economic and community development board under 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. 10-7-504(e); ff. 10-7-504(a)(14) Riot, escape, and emergency transport plans of county jails and workhouses or prisons. The Act presumably does not include the records of multistate or regional bodies, however, records of such bodies might also be maintained by state offices that are subject to the Act. 8-44-106(d). The Act has no provision for priority to the pleading. 7-59-311(d)(4) Proprietary information concerning denial of cable or video service to certain groups of residential subscribers or potential subscribers. New state laws in Tennessee in 2023: 18 that go into effect July 1 36-3-621(f)(1) The identity of a person who reports domestic abuse, neglect or exploitation and the information so reported. 94-15 (Feb. 4, 1994). T.C.A. 36-6-107 The address of the child and non-perpetrating parent in a case of child abuse or child sexual abuse. All "state, county and municipal records" are public unless otherwise exempted. 527, 538 (1975) (citing legislative history that gives a broad reading to the term "public body" but does not indicate any specific bodies); see also Op. LEXIS 402 (Tenn. Ct. App. T.C.A. T.C.A. 1990) (tenant subleases of city-owned property in the possession of private, for-profit corporations that served as the city's leasing agent were public records under the Act). In 1990, however, the Tennessee Court of Appeals stated: We do not believe that the legislative intent of this statute was forever to bar a governing body from properly ratifying its decision made in a prior violative manner. PDF The Tennessee Sunshine Law passed by the General Assembly in 1974 T.C.A. T.C.A. PDF TENNESSEE DEPARTMENT OF HEALTH MEMORANDUM AMENDED To - TN.gov T.C.A. Appellate review is available, as the court's decision on the petition is a final judgment on the merits. 3-6-115(d) Information in the ethics commission electronic filing system. 63-7-115 Activities of screening panels regarding suspension, revocation, or denial of a certificate of a nurse. Op. 1981); and closed investigative files of a police department, Memphis Publishing Co. v. Holt, 710 S.W.2d 513 (Tenn. 1986). 65-25-201 are not subject to the Act. Courts have adopted federal statutes requiring certain records to be kept confidential. Any requestor should first review the entitys policy before making a request. 3-10-108(a)&(b) Certain information stored or processed in legislative computer system. Dorrier v. Dark, 537 S.W.2d 888, 892 (Tenn. 1976). NOTICE OF COMPLIANCE WITH THE TENNESSEE SUNSHINE LAW In compliance with Chapter 442 of the Public Acts of 1974 the City of Dayton hereby gives notice that it is the policy of said City to formulate and make decisions in public as required by the Tennessee "Sunshine Law". 409 protected disclosure of reports compiled for the purpose of identifying potential highway or railway accident sites. The Work Product Doctrine, Rule 26.02(3) of the Tennessee Rules of Civil Procedure, protects certain documents and papers prepared by an attorney in anticipation of litigation or in preparation for trial. Jan. 27, 1995) (stating that the Act does not require that state conduct a computer search for a particular type of record). 8-44-103(a). T.C.A. 10-7-504(e) Unpublished telephone numbers in the possession of emergency communications districts. 56-6-117(g) Information obtained by the Department of Commerce and Insurance as furnished by an insurer, producer, employee or agent thereof for the purposes of terminating the appointment, employment or contract or other insurance business relationship with a producer. The Schedule of Charges confirms that the records may be mailed to the requestor. T.C.A. In Allen v. City of Memphis, 2004 Tenn. App. Sometimes. Dismissal, considering dismissal of public employees, P. Security, national and/or state, of buildings, personnel or other, Q. T.C.A. The States investigation of a harassment claim against one of its employees was protected from disclosure under the attorney client privilege or work product doctrine. This provision was added in 1988. 10-7-504(a)(3); d. The academic, financial, and medical or psychological records of students in public educational institutions, T.C.A. The notice requirements of the Act are in addition to, and not in substitution of, any other notice required by law. T.C.A. Also in 2008, Tennessee created the Office of Open Records Counsel (OORC), as a department of the State Controller, to assist and advise public officials and the public, including the media, with open records issues. T.C.A. 53-10-306 Information of controlled substance database of the Commissioner of Commerce and Insurance. T.C.A. Att'y Gen. No. 41-21-408 Reports of violence within correctional facilities if in the discretion of the warden or chief administrative officer the release of information would endanger or compromise the security of an inmate or the institution. 23-3-105 The attorney-client privilege which presumably would restrict access to documents maintained by the government when the attorneys are government employees. T.C.A. General Provisions. Moser v. Brewer, No. The difference between this list and the attached Appendix maybe partly one of interpretation. This will frequently happen, where it will be announced why the executive session is being held. Feb. 19, 2010). 8-6-407. 1156 15th St. NW, Suite 1020, Washington, D.C. 20005, Reporters Committee for Freedom of the Press, Reporters Committee for Freedom of the Press homepage, A Reporters Guide to Pre-Publication Review, Skip over table of contents to continue reading article. The Tennessean v. Tenn. Dept. The right to inspect public records includes the right to make copies. T.C.A. T.C.A. T.C.A. 10-7-504(u) Law enforcement body camera video, however, this provision sunsets on July 1, 2022. None. Minutes shall include a record of persons present, motions, proposals, and resolutions made, results of votes taken and individual votes cast. The statute declares that all public policy and policy business decisions must be made in meetings that are open to the public. T.C.A. 99-128 (June 18, 1999). See Mayhew v. Wilder, 46 S.W.3d 760 (Tenn. Ct. App. Frequently closed. The Tennessee Open Records Act has little resemblance to the federal Freedom of Information Act. Tennessean v. Lebanon, 32 Med. McLane v. State, 115 S.W.3d 925 (Tenn. Ct. App. 10-7-504(o) Information related to application for handgun carry permits. Any other statutory requirements for closed or open meetings, A. Adjudications by administrative bodies, 1. T.C.A. Can an individual request records on behalf of a third party or organization? Any sessions regarding collective bargaining, 2. T.C.A. 56-1-411 The commissioner of insurance may not disclose the contents of an examination report, preliminary examination, or report of any insurance company, except to law enforcement officials and only if they agree to maintain the confidentiality of such reports. T.C.A. Generally treated the same as non-emergency records, which are generally closed. 8-44-102(b)(2); Chance meetings of two or more members of a governing body, if the members do not deliberate towards or make a decision on public business (T.C.A. 8-44-104. 8-3-104(10) Permits Governor to determine what records relating to the executive branch that are maintained by the Secretary of State require secrecy. b. T.C.A. The member is also allowed to vote and receive compensation for attendance. 85-105 (April 8, 1985); however, T.C.A. T.C.A. Mayhew v. Wilder, 46 S.W.3d 760 (Tenn. Ct. App. Certain personally identifiable information of victims of criminal offenses who are minors. If the judge rules that the government body did break the Sunshine Law, the judge can rule that any decisions reached at that . 68-140-514(b)(1) Information from an investigation conducted by the Department of Health concerning the authority of any provider of any emergency medical services. 10-7-504(a)(11); l. Personal information contained in motor vehicle records which shall be open only pursuant to Title 55, chapter 25 (the Uniform Motor Vehicle Records Disclosure Act, which implemented the Federal Driver Privacy Protection Act) of the Tennessee Code Annotated; T.C.A. The Act provides no time limit for filing suit. T.C.A. 3-6-202(a)(1) Records relating to a state ethics commission preliminary investigation. 10-7-504(f); gg. We serve business and government to improve the lives of Tennesseans. 40-32-101 Expungement of records. T.C.A. T.C.A. Memphis Publishing Co. v. Holt, 710 S.W.2d 513, 517 (Tenn. 1986). 59-8-406 Information which pertained to only the analysis of the chemical and physical properties of coal seams, test borings, core samples, or soil samples. 41-21-107 HIV testing of inmates. LEXIS 122 (Tenn. Ct. App. Bd., 855 S.W.2d at 858; T.C.A. April 13, 1994) (affirming award of attorneys fees where records custodian had no legitimate basis for claiming that non-confidential letter was protected by the attorney client privilege). T.C.A. 10-7-503(a)(2)(B). Moreover, these exceptions are always changing and/or evolving. 315 Union Street 8-36-510(a) All medical records obtained and kept pursuant to a consolidated retirement program. We hold that the purpose of the act is satisfied if the ultimate decision is made in accordance with the Public Meetings Act, and if it is a new and substantial reconsideration of the issues involved, in which the public is afforded ample opportunity to know the facts and to be heard with reference to the matters at issue. Requirements for agenda items for executive sessions are the same as those required for the notice of an open meeting. T.C.A. Some government agencies have websites with some public records available from those sites. Therefore, documents sealed by a state court are not subject to inspection under the Act. 55-10-108 which allows such access but without liability insurance information. 6-58-114 are subject to the Act. The term governing body has been construed to include "any board, commission, committee, agency, authority or any other body, by whatever name, whose origin and whose members have authority to make decisions or recommendations on policy or administration affecting the conduct of the business of the people in the governmental sector." 8-44-102(B) (concerning meetings of private nonprofit corporations receiving money from the government). T.C.A. T.C.A. nn. T.C.A. 1990) (holding that university chancellor was not governing body and that his meetings with advisory committee were not subject to the Act). The custodian of public records of convictions of traffic violations or other offenses can charge a reasonable fee per copy to defray the costs of producing and delivering the copy or copies. 37-2-411(b) Records obtained by the Department of Human Services for preparation of the annual report on foster care. Unlike criminal prosecutions, there appears to be no distinction between open and closed investigations. Dec. 8, 2004). 71-5-143(e) Information provided to or acquired by a member of the TennCare Commission staff. City Press Communications, LLC v. Tennessee Secondary School Athletic Association, 447 S.W. 68-141-105 Information about persons to whom poison control provides services. Open meeting notices may also be accessed at https://apps.tn.gov/pmn/index.html. 85-385-II (Tenn. Ct. App. 8-4-601 to -604. 99-090 (April 12, 1999). Presumably, however, a new cause of action could accrue with each request. The Tennessee Sunshine Law Passed by the General Assembly in 1974 requires that meetings of state, city and county government bodies be open to the public and that any such governmental body give adequate public notice of suchmeeting. 10-8-102(a) Library records showing who requested or obtained specific materials. P. 16(a)(2). The Tennessee Press Association, Tennessee Association of Broadcasters, and the Tennessee Coalition for Open Government might also join as amici. Other than to participate in any open records litigation where the constitutionality of any statute is challenged, or to represent the State when it (as opposed to local government) is the records custodian. Additionally, there are several other express exemptions contained in the Tennessee Code. The Act allows certain meetings subject to the Act to protect the confidentiality of proprietary information or trade secrets that relate to coverage of government employees under the Tennessee consolidated retirement system. under certain statutes, F. Financial data, trade secrets, or proprietary data of private corporations and individuals, H. Grand jury testimony by public employees, J. PDF TENNESSEE DEPARTMENT OF HEALTH MEMORANDUM - TN.gov Att'y Gen. No. 49-50-1408 Reports of alleged falsification, waste, or mismanagement of public education funds, but only to the extent the person reporting requests that the person's reporting name not be revealed. 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. x. The Tennessee appellate courts have a Web site (www.tsc.state.tn.us) on which recently released opinions are available. 2010) (minutes of hospitals Compliance Committee related to settlement with federal government on Medicare payments were public). 33-3-105 Allows disclosure in very limited circumstances. 10-7-504 (o). T.C.A. 39-13-521 HIV testing of persons convicted of sexual offenses. 67-1-1702 Returns and tax information filed with or in the possession of the Commissioner of Revenue. Is the commission subject to Sunshine law requirements (Section 8-44-101 et seq., . LEIX 236 (Oct. 20, 2016). 213 (Tenn. Ct. App. The Act, however, does not guarantee that citizens may speak or otherwise participate in a meeting that is subject to the Act. 2149 (Tenn. Ct. App. of Zoning Appeals, 20 TAM 12-17 (Tenn. Ct. App. 3d. 56-10-301(d) Insurer's material transactions and reports to Commission. 10-7-504(a)(18); s. Credit card numbers of persons doing business with the state or any subdivision, T.C.A. 1. T.C.A. T.C.A. 8-44-103(b). All the commissioners, however, filed affidavits with the court stating there was no secret meeting. 8-25-109(a) All medical records submitted or compiled by any person or entity providing deferred compensation plans. Information in an application for a handgun permit are confidential. St. U. L. Rev. 10-7-503(a)(7)(A). Open. Covered by the Act. T.C.A. Suit can be brought in the circuit courts, chancery courts, and other courts having equity jurisdiction, and these courts have the power "to issue injunctions, impose penalties, and otherwise enforce the purposes" of the Act. 1. Op. T.C.A. 10-7-505(g). T.C.A. T.C.A. Voting results are presumably open, but see T.C.A. Att'y Gen. No. 8-44-105106. Forty eight categories of exceptions to the mandate of openness are contained in the Act itself under the rubric of "confidential records." The opening policy statement of the Tennessee Sunshine Act echoes and specifies this broad grant of the public's right to open government: The general assembly hereby declares it to be the policy of this state that the formation of public policy and decisions is public business and shall not be conducted in secret. T.C.A. 47-23-101 Information concerning insurance required to be kept on real estate. Open Meetings Law | MTAS - University of Tennessee system 37-1-153 Limits access to Juvenile Court files to only those persons working on the case or with the juvenile, except as to acts of delinquency which would constitute one of nine serious crimes if committed by an adult. Documents concerning pricing and other financial arrangements submitted to the state for health related procurements or requests for proposal, T.C.A. T.C.A. Tenn. R. Crim. T.C.A. 10-7-504(a)(28) Proposals and statements of qualifications received by local government entities in response to a personal service, professional service, or consultant service request for proposals.