Pursuant to Tenn. Code Ann. § 10-7-503(g), the following Public Records Policy for the Town of Collierville (“Town”) is hereby adopted by the Board of Mayor and Aldermen of the Town of Collierville, Tennessee to provide economical and efficient access to public records as provided under the Tennessee Public Records Act (“TPRA”) in Tenn. Code Ann. § 10-7-501, et seq.

The TPRA provides that all state, county and municipal records shall, at all times during business hours be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. See Tenn. Code Ann. § 10-7-503(a)(2)(A). Accordingly, the public records of the Town are presumed to be open for inspection unless otherwise provided by law.

Personnel of the Town shall timely and efficiently provide access and assistance to persons requesting to view or receive copies of public records. No provisions of this Policy shall be used to hinder access to open public records. However, the integrity and organization of public records, as well as the efficient and safe operation of the Town, shall be protected as provided by current law. Concerns about this Policy should be addressed to the Public Records Request Coordinator for the Town or to the Tennessee Office of Open Records Counsel (“OORC”).

This Policy is available for inspection and duplication in the office of the Town Clerk. Additionally, this Policy is posted below. This Policy shall be reviewed and revised periodically as needed.

This Policy shall be applied consistently throughout the various offices, departments, and/or divisions of the Town.

I.    Definitions:

A.  Records Custodian: The office, official or employee lawfully responsible for the direct custody and care of a public record. See Tenn. Code Ann. § 10-7-503(a)(1)(C). The Records Custodian is not necessarily the original preparer or receiver of the record.

B.  Public Records: All documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency. See Tenn. Code Ann. § 10-7-503(a)(1)(A).

C.  Public Records Request Coordinator (”PRRC”): The Town Clerk, as the individual designated in Section III, A.1(a) of this Policy, who has the responsibility to ensure public record requests are routed to the appropriate Records Custodian and are fulfilled in accordance with the TPRA. See Tenn. Code Ann. § 10-7-503(a)(1)(B). The Public Records Request Coordinator may also be a Records Custodian.

D.  Requestor: A person seeking access to a public record, whether it is for inspection or duplication.

II.  Requesting Access to Public Records

A.  Public Record requests shall be made to PRRC or his/her designee, in order to ensure public record requests are routed to the appropriate Records Custodian and fulfilled in a timely manner.

B.  Requests for “inspection only” cannot be required to be made in writing. The PRRC should request a mailing address from the Requestor for providing any written communication required under the TPRA.

C.  Requests for inspection may be made orally or in writing by the following means:

1.   Oral requests for inspection may be made in person or by phone.

 2.   Written requests for inspection must be made using the Public Records Request Form A, a sample of which is attached.  The completed Public Records Request Form A may be returned in person, via U.S Mail, via e-mail kdiamond@colliervilletn.gov or via facsimile.

D.  Requests for copies, or requests for inspection and copies, must be made in writing using the Public Records Request Form A. The completed Public Records Request Form A may be returned in person, via U.S Mail, via e-mail kdiamond@colliervilletn.gov, or via facsimile.

 E.   Proof of Tennessee citizenship by presentation of a valid Tennessee driver’s license or alternative acceptable form of ID required as a condition to inspect or receive copies of public records.

 F.   The following records are posted and readily available online at colliervilletn.gov: public notices; meeting agendas, reports, and minutes; resolutions and ordinances; annual reports; press releases; and other reports and records of the Town. Inspection and/or copies of these records may be requested by following points C and D above. 

G. Town of Collierville will not accept written requests for Public Records via social media. All written requests must be submitted on Public Records Request Form A.

H.  If a Requestor makes two (2) or more requests to view a Public Record within a six-month period, and for each request, the Requestor fails to view the Public Record within fifteen (15) business days of receiving notification that the record(s) are available to view, the Town is not required to comply with any Public Records requests from the Requestor for a period of six (6) months from the date of the second request to view, unless the Town Administrator determines that the failure to view the Public Record was for good cause.

I.   If a Requestor makes a request for copies of a Public Record and, after copies have been produced, the Requestor fails to pay the Town for the cost of producing such copies, the Town is not required to comply with any Public Records requests from the Requestor until the Requestor pays for such copies; provided, that the Requestor was provided an estimated cost for producing the copies and the Requestor agreed to pay the estimated cost for such copies.

III. Responding to Public Records Requests

A.  Public Records Request Coordinator (PRRC)

 1.   The designated PRRCs for the Town are as follows:

a.   Primary PRRC for all Public Records except those noted below:

Kristie Diamond, Town Clerk

Collierville Town Hall
500 Poplar View Parkway
Collierville, TN 38017

T: (901) 457-2212
F: (901) 457-2207
kdiamond@colliervilletn.gov

b.   Police Records PRRC for inspection/copies of police reports:

Cheryl Darden, Police Records Clerk

Collierville Police Department
156 N. Rowlett
Collierville, TN 38017

T: (901) 457-2566
F: (901) 457-2568
cdarden@colliervilletn.gov

c.   Fire Records PRRC for inspection/copies of fire reports:

Renee Langley, Fire Records Administrator

Collierville Fire Department
1251 Peterson Lake Rd.
Collierville, TN 38017

T: (901) 457-2481
F: (901) 457-2492
rlangley@colliervilletn.gov

d.   Court PRRC for inspection/copies of court records:

Patrick Lafferty, Municipal Court Clerk

Collierville Municipal Court
101 Walnut Street
Collierville, TN 38017

T: (901) 457-2580
F: (901) 451-2581
plafferty@colliervilletn.gov

 e.  Collierville Schools District PRRC for inspection/copies of school system records: 

Jen Hannah

Collierville Schools
146 College St
Collierville TN

T.  901-861-7000

jhannah@colliervilleschools.org

2.   The PRRC shall review Public Record requests to make an initial determination of the following:

 a.   If the Requestor provided evidence of Tennessee citizenship;

 b.   If the records requested are described with sufficient specificity to identify them; and

 c.   If the Town is the custodian of the records.

3.   The PRRC shall acknowledge receipt of the request and take any of the following appropriate action(s):

 a.   Advise the Requestor of this Policy regarding:

  i.   Proof of Tennessee citizenship;

 ii.   Form(s) required for copies;

 iii.  Fees (and labor threshold and waivers, if applicable); and

 iv.  Aggregation of multiple or frequent requests.

b.   If appropriate, deny the request in writing, providing the ground(s) such as the following:

 i.    The Requestor is not, or has not presented evidence of being, a Tennessee citizen.

 ii.   The request lacks specificity.

 iii.  An exemption makes the record not subject to disclosure under the TPRA.

 iv.  The Town is not the custodian of the requested records.

 v.   The records do not exist.

c.   If appropriate, contact the Requestor to see if the request can be narrowed.

d.   Forward the Public Records request to the appropriate Records Custodian in the Town.

e.   If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the Requestor of the correct governmental entity and PRRC for that entity if known.

B.  Records Custodian

1.   Upon receiving a Public Records request, a Records Custodian shall promptly make requested Public Records available in accordance with Tenn. Code Ann. § 10-7-503. If the Records Custodian is uncertain if an exemption applies, the Records Custodian may consult with the PRRC, counsel, or the OORC.

2.   If not practicable to promptly provide requested records because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are open; to redact records; or for other similar reasons, then a Records Custodian shall, within seven (7) business days from the Records Custodian’s receipt of the request, send the Requestor a completed Public Records Request Response Form B, a sample of which is attached.

3.   If a Records Custodian denies a Public Record request, he or she shall deny the request in writing as provided in Section III.A.3.b above, and shall communicate the denial to the Requestor on a Public Records Request Response Form B.

4.   If a Records Custodian reasonably determines production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the Records Custodian shall use the Public Records Request Response Form B to notify the Requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the Records Custodian should contact the Requestor to see if the request can be narrowed.

5.   If a Records Custodian discovers records responsive to a records request were omitted, the Records Custodian should contact the Requestor concerning the omission and produce the records as quickly as practicable.

C.  Redaction

1.   If a record contains confidential information or information that is not open for public inspection, the Records Custodian shall prepare a redacted copy prior to providing access.  Examples of information subject to redaction are listed in Form C below. If questions arise concerning redaction, the Records Custodian should coordinate with counsel or other appropriate parties regarding review and redaction of records. The Records Custodian and the PRRC may also consult with counsel or the OORC.

2.   Whenever a redacted record is provided, a Records Custodian should provide the Requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

IV. Inspection of Records

A.  There shall be no charge for inspection of open Public Records.

B.  The location for inspection of records within the offices of the Town shall be determined by either the PRRC or the Records Custodian.

C.  Under reasonable circumstances, the PRRC or a Records Custodian may require an appointment for inspection or may require inspection of records at an alternate location.

V.  Copies of Records

A.  A Records Custodian shall promptly respond to a Public Records request for copies in the most economic and efficient manner practicable.

B.  Copies will be available for pickup at Collierville Town Hall.

C.  Upon payment for postage, copies will be delivered to the Requestor’s home address by the United States Postal Service.

D.  The Town Clerk will designate acceptable modalities or equipment for the transfer of information, for example “thumb drives” or discs.

VI.  Fees and Charges and Procedures for Billing and Payment

A.  Fees and charges for copies of Public Records should not be used to hinder access to Public Records. 

B.  Records Custodians shall provide Requestors with an itemized estimate of the charges prior to producing copies of records and may require pre-payment of such charges before producing requested records.

C.  Requests for waivers for fees must be presented to the Town Administrator, who is authorized to determine if such waiver is in the best interest of the Town and for the public good. Fees associated with aggregated records requests will not be waived.

D.  Fees and charges for copies are as follows:

1.   $0.15 per page for letter- and legal-size black and white copies.

2.   $0.50 per page for letter- and legal-size color copies.

3.   The actual cost of any other medium upon which a record/information is being produced.[1]

4.   Labor when time exceeds one (1) hour. Labor costs are determined pursuant to the State of Tennessee Comptroller of the Treasury Office of Open Records Counsel Reasonable Schedule of Fees (January 2017), as they may be amended from time to time.

5.   If an outside vendor is used, the actual costs assessed by the vendor.

6.   If a Records Custodian is assessed a charge to retrieve requested records from archives or any other entity having possession of requested records, the actual costs assessed for retrieval.

E.   No duplication costs will be charged for requests for less than $     3.00     .

F.   Payment is to be made in cash, by personal check, or by credit card payable to the Town of Collierville.

G.  Payment in advance may be required when costs are estimated to exceed $    3.00    .

H.    Aggregation of Frequent and Multiple Requests

1.   The Town will aggregate record requests in accordance with the Frequent and Multiple Request Policy promulgated by the OORC when more than (4) requests are received within a calendar month (either from a single individual or a group of individuals deemed working in concert).

2.   If more than four (4) requests are received within a calendar month:

a.   Records requests will be aggregated at the entity (Town) level.

b.   The PRRC is responsible for making the determination that a group of individuals are working in concert. The PRRC or the Records Custodian will inform the individuals that they have been deemed to be working in concert and that they have the right to appeal the decision to the OORC.

c.   Requests for items that are routinely released and readily accessible are exempt from this policy. These records include, but are not limited to: agendas and approved minutes from policy-setting boards.  

3.   Once the aggregation threshold is met, the Records Custodian is no longer required to deduct the labor threshold or any other minimum charge per request threshold that would ordinarily be waived. 

SECTION 2.  Repealer. Any resolutions, policies, or parts thereof in conflict with the provisions of this resolution are hereby repealed to the extent of such conflict only as pertaining to the subject matter of this resolution.

SECTION 3.  Severability. If a part of this resolution is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this resolution is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

SECTION 4.  Effective Date. This resolution shall become effective upon passage, the public welfare requiring it.

Passed On:  June 12, 2017