The Commercial Appeal

Most TN cities require ID to see public records

- Natalie Allison USA TODAY NETWORK - Tennessee

NASHVILLE — Not all government public records policies are helping to make records more accessible to residents — especially for those who can’t easily prove state residency — a new audit from the Tennessee Coalition for Open Government has found.

The audit of municipali­ties, counties and school districts found that 84 percent of the 259 policies obtained and analyzed by the nonprofit advocacy group between October and March required the person making a request to provide identifica­tion proving Tennessee residency.

“It’s an example of a requiremen­t that seems to have very little purpose,” said Deborah Fisher, executive director of TCOG. “Even if the person wasn’t a citizen of Tennessee, why would you withhold the minutes of a public meeting?”

Though state law allows government entities to require a government-issued photo ID to request public records, the state does not require such a provision.

The biggest problem with requiring identifica­tion as a condition for access to public records, Fisher said, is that it can be used as a bureaucrat­ic hurdle to delay requests, particular­ly for routine public records and when there is no reasonable doubt of a person’s residency.

The Tennessee Coalition for Open Government, establishe­d in 2003, works to preserve and improve access to public informatio­n through an alliance of journalist­s, civic groups and citizens. Its two dozen board members include leaders of news, civic and legal organizati­ons around the state.

The coalition set out to examine 306 policies around Tennessee in all 95 counties to determine whether the legislatur­e’s new requiremen­t of written public record policies was in fact promoting transparen­cy and making it easier for residents to obtain copies of public records.

The policies of 15 percent of the counties, cities and school districts contacted by the coalition could not be reviewed, mostly because the government entities did not respond, declined to mail or email a copy of their policy, or said they didn’t have one.

“The condition of requiring ID for inspecting or getting copies of public records is perhaps the most significan­t developmen­t in the records request process in the past few years in Tennessee and matches a rise in anecdotal complaints TCOG has received from requestors,” says the TCOG report. “It’s an example of a ‘locked-down’ culture in some government entities where if you don’t prove who you are, you can’t see a public record that the public is supposed to be able to see.”

Some requestors have questioned why identifica­tion is even needed, especially for routine public records like meeting minutes and reports.

Fisher gave as an example a county commission­er from Blount County who requested minutes from a state board’s public meeting only to be told they would not be provided unless she sent government identifica­tion.

Only a handful of counties say they don’t require ID

While the overwhelmi­ng majority of local government policies require ID to file a request — some specify a Tennessee driver’s license — 2 percent of the entities audited chose not to require identifica­tion as a condition to access public records.

Among those is Cheatham County, whose policy explicitly states that “proof of Tennessee citizenshi­p is not required as a condition to inspect or receive copies of public records.”

“In most cases when we declined to provide records based on not being a Tennessee citizen, we later received the same request from a Tennessee citizen so we were only creating an additional burden for the requesting party and the county,” Cheatham County attorney Michael Bligh said.

Plus, requiring proof of identifica­tion from the requesting party would mean the county would periodical­ly have to receive emails containing confidenti­al informatio­n, which the county didn’t want to have to take responsibi­lity for safeguardi­ng, Blight said.

In addition to Cheatham County, only Chester, Crockett, Haywood and Henderson counties specify in their policies that no proof of residency is required, according to the TCOG audit.

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