Published: October 06, 2008 05:14 pm         

Public records rules modified

The schedule of reasonable charges for copies of public records was released recently by the Office of Open Records Counsel (OORC).

Records custodians may use the schedule as guidance when determining charges for producing copies of public records. The schedule is available for download at www.comptroller.state.tn.us/openrecords and has a development date of Oct. 1.

The schedule sets as reasonable charges fifteen ($0.15) cents for black and white photocopies on 8.5 x 11 or 8.5 x 14 paper and fifty cents ($0.50) for color photocopies on 8.5 x 11 or 8.5 x 14 paper. No standard fee is established for copies produced on other medium such as a DVD, CD, or audio tape; however, guidance is given in establishing duplication charges and those charges must be based on actual cost. The schedule also provides that a charge for labor may be assessed after one (1) hour is incurred producing the requested material.

The Tennessee Public Records Act provides Tennessee citizens the right to receive copies of public records, further supporting transparency in government. The OORC established the schedule of reasonable charges as required by Public Chapter 1179, Acts of 2008, which specifically states that a records custodian may not charge for inspection of public records unless otherwise required by law.

"The General Assembly in enacting Public Chapter 1179 has reaffirmed the position that providing information to the public is an essential function of a representative government," says Ann Butterworth, Director of the Office of Open Records Counsel. "Although the schedule does not mandate a single copy fee statewide, it does require that higher fees for copies of public records requested under the Tennessee Public Records Act be justified. Citizens being charged higher fees than what is specified in the schedule have the right to ask records custodians to provide backup documentation," she adds.

For questions about the schedule or to find out more about the Office of Open Records Counsel, please visit www.comptroller.state.tn.us/openrecords or call (615) 401-7891 or 1-866-831-3750.

The Schedule of Reasonable Charges may be downloaded at:

http://www.comptroller.state.tn.us/openrecords/ScheduleDocument10-1-08.pdf.