Lawmakers support citizens’ right to take photos of public records

NASHVILLE — Three state agencies’ public records policies gained attention Wednesday over concerns that Tennesseans would be prohibited from using mobile phones to take photographs of public documents.

During a meeting of the Joint Government Operations Committee, Sen. Mike Bell, R-Riceville, asked representatives of the Office of the Comptroller of the Treasury, the Department of Transportation and the Tennessee Wildlife Resources Agency to ensure their open records policies allow residents to take photographs of public records.

Stephanie Maxwell, who answered questions on behalf of the comptroller’s office, initially said she thought the policy did allow that. Reading from a mobile phone handed to him, Bell said the way the policy is written did not actually allow such a practice.

“One of the things I’d like for you to take back to the Comptroller of the Treasury is to make sure that we as a state stay as transparent as possible and that we allow our citizens to use all available technology, under the proper supervision, that’s available to them,” Bell said.

Bell requested the office to make a policy change. Maxwell said she would relay the message to the agency and respond to the committee.

Rep. Jeremy Faison, R-Cosby, said during a recent conversation he had with Jason Mumpower, chief of staff to the comptroller, Mumpower said the intent of the rule was not to keep residents from using cellphones. Rather, Faison said, the rule was to deny residents the ability to bring in “big photocopying machine.”

“The comptroller, according to Jason [Mumpower], is 100 percent in agreement with us that you ought to be able to carry your cellphone in to any open [records] request,” Faison said.

Representatives for the Department of Transportation and TWRA confirmed that they plan to eliminate any uncertainty about using cellphones while inspecting public records.

“That’s not the intent and we’d be happy to consider a change,” said John Reinbold, general counsel for the transportation department.

Earlier this year, the Office of Open Records Counsel, which falls under the comptroller’s office, released a model public records policy for government entities. The model policy was created in an effort to prevent government entities from adopting policies that conflict with the state’s open records law. The policy also establishes how entities can charge fees for copies.

Bell said he plans to talk to the Office of Open Records Counsel to encourage them to provide all state agencies with model language to clarify the issue.