Open records advocates watching bills in Tennessee Legislature

NASHVILLE — At a recent panel discussion hosted by the Tennessee Press Association, Lt. Gov. Randy McNally and House Speaker Beth Harwell said they would be open to reviewing the hundreds of exemptions to the state’s public records law.

During the interaction, the leaders were pressed on the possibility of including a sunset provision on any new exemptions that are added to the public records law.

“I think that’s an idea that we need to probably pursue,” McNally said.

While the discussion on open records was relatively brief, it provided insight and hope for open records advocates who worry about the continuing effort to limit access to public records in Tennessee.

A BALANCING ACT

The balance between the public’s access to information and protecting sensitive information is a delicate one.

Tennessee residents seeking information from local and state agencies frequently face barriers ranging from exorbitant fees to provisions in the law that prevent the release of some types of information.

Ever since Tennessee enacted its public records act in 1957, there have been restrictions limiting access to information. Today, there are more than 350 exemptions to the law including Tennessee Bureau of Investigation files and medical records.

LIMITING PUBLIC ACCESS

And this year’s Tennessee General Assembly is no different. There is a handful of bills that seek to limit public access to information.

One bill seeks to make county and municipal economic development records confidential. Another would shield the names of vendors that provide data storage to state government from disclosure. Three other bills would limit access to body camera footage.

“What we’ve seen is there are a lot of bills that are closing information this year,” said Deborah Fisher, executive director of the Tennessee Coalition for Open Government.

Harwell said she would be open to establishing a task force that could revisit the idea of having new exemptions face a sunset. McNally said he’d broach the subject at an upcoming leadership meeting to gauge the interest of his colleagues.

The various bills limiting public access this year are hardly an anomaly. In previous General Assemblies, there were similar efforts to close access. Some were successful; others were not.

NOT ALONE

Tennessee is hardly alone: legislatures throughout the country have experienced efforts to restrict access to government records.

Adam Marshall, an attorney with the Reporters Committee for the Freedom of the Press, said although states like Tennessee may have a large exemption list, that isn’t necessarily an indicator that the Volunteer State is less open than other states.

He said most states start out with the presumption that almost everything should be public and then slowly begin to incorporate exemptions.

“Over time you can come to a place where you’re really far from where you started and that presumption of openness doesn’t mean much,” he said.

Fisher said she believes any efforts to limit the public’s access should face tough questions from lawmakers on behalf of their constituents about why it is necessary to close the record.

“We need to make sure that we don’t get to a point where government becomes so secret that we don’t know who is doing business with the government, what the deals are, how the deals were reached and what the dynamics are,” she said.

THE OPPOSITE ROUTE

Rep. Mike Stewart, D-Nashville, said he believes the public should face minimal barriers when seeking information from the government.

“Efforts to wall off public records are an effort to prevent oversight of the government and that’s all wrong. We need to let the citizens in here,” he said.

While there have been several bills introduced this year to limit access, others go the opposite route.

One bill filed this year would make charter schools subject to the public records act. Another would end an exemption that prohibits the release of information about lottery sales. Two body camera bills, sponsored by Democrats, would provide public access to footage.

Other bills have been filed to provide additional transparency with the legislature, including one that would require the state to compile and produce lawmakers’ voting record and another pertaining to disclosure of travel expenses.

A PATH FORWARD

Among the more closely watched bills this year are the five pertaining to body cameras, Fisher said.

That’s been an area that remains up in the air in Tennessee and throughout the nation with law enforcement officials having a patchwork approach on releasing footage.

Whatever path Tennessee lawmakers take on various accesses to information bills this year, Marshall said it is important for the public and elected officials to think about the overall purpose of open records laws, which is to foster an informed democracy.

“If the public records law gets to a state where that function is being hampered, then there does need to be a conversation to enhance this fundamentally democratic law,” he said.