Bill Lee pledges ‘overhaul’ of public records law
Ahead of taking office as Tennessee’s 50th governor, Bill Lee says he will lead a “complete overhaul” of the state’s open records act to expand access to public documents and meetings.
The Republican governor-elect also pledges to receive public comments on new laws before signing legislation and to deliver annual State of the State addresses in all three Grand Divisions throughout his tenure as governor.
Lee’s announcement of his commitment to transparency and open government makes up the last of nine priorities listed on his transition website.
As for the overhaul of Tennessee’s open records and open meetings acts, Lee spokeswoman Laine Arnold said the governor-elect plans to build on the work that the legislature’s Open Records Ad Hoc Committee has already begun.
“We need to reduce the number of exemptions, and simplify and update our Open Meetings and Open Records Acts,” Arnold said.
Earlier this year, the Comptroller of the Treasury’s Office of Open Records Counsel determined there were 563 exemptions to the state’s open records law.
Lt. Gov. Randy McNally and former House Speaker Beth Harwell, both Republicans, formed the committee in June after the comptroller’s report.
When it was enacted in 1957, the Public Records Act, which states that all government records are presumed to be open to inspection by citizens unless otherwise provided by law, had just two exemptions.
Lee is in favor of implementing ongoing sunset reviews for each exemption, Laine said, meaning the exemption would only remain in effect for a specified period of time before expiring, unless it is renewed.
He plans to consider addressing fees associated with public records requests and delays in state departments fulfilling those requests, Laine said, as well as determining how to better use technology to expand public access to records.
“It is encouraging that it’s a priority, and that the governor-elect thinks it’s important enough to put on his website,” said Deborah Fisher, executive director of the Tennessee Coalition for Open Government. “The governor has a tremendous influence on the Public Records Act.”
No major changes have been made to the state’s public records laws since 2008, when Phil Bredesen was governor.
Fisher said TCOG has not yet been in touch with Lee or his staff, who are now in the transition phase leading up to his Jan. 19 inauguration.
But Fisher said the organization hopes to relay to Lee research it has done in recent years that it also provided to the ad hoc open government committee.
In addition to listing open government expansion as a priority, Lee’s transition website also notes that he will “initiate a new program to invite and receive public comments on new laws before signing.”
Responding to a question about how Lee would be receiving comments from the public, Lee pointed to an online comment submission form on his transition website, which has generated nearly 500 submissions from the public.
“Bill will continue to accept public comments in a manner that offers access to the most Tennesseans,” Arnold said.
The website also notes that the governor-elect will “get out of the bubble of Nashville to deliver State of the State addresses in all three Grand Divisions throughout his tenure.”
Arnold said Lee will give the speech “in the House Chamber each year as mandated by” state law, but intends to deliver State of the State speeches in other locations around the state, as well.
“After traveling to all 95 counties during the primary and the general [election], Bill believes reaching Tennesseans where they live and work is an important part of accountable governing,” Arnold said in a statement.