Knowledgebase-Releasing the Mayor's Personal Information as an Open Record

Information Product

Title:Releasing the Mayor's Personal Information as an Open Record
Summary:Should the Mayor be considered a "public employee" for the purposes of determining whether or not his personal information (home phone number, address, etc.) should be released as an open record?
Original Author:Hodge, Elisha
Product Create Date:07/20/2010
Last Reviewed on::10/04/2017
Subject:Records management--Open records--Laws and regulations
Type:Legal Opinion
Legal Opinion: Open Records and Mayor's Personal Info public_2017.docOpen Records and Mayor's Personal Info public_2017.doc

Reference Documents:

Text of Document: Dear City Recorder,

To follow-up on our conversation this morning, I think that the contact information for the council members is public information if it is maintained. You indicated during our conversation that the council members are not compensated. As such, I do not think that they can be considered "public employees" whose information is protected pursuant to Tenn. Code Ann. Section 10-7-504(f). I do however suggest that you consider whether or not you want to continue to provide this particular information over the phone. You might want to consider the following:

1. requiring requestors make formal written requests for the information if they want a copy or if they just want to inspect, have the requestors come into the office during normal business hours to do so; and

2. requiring that whether the request is for a copy of for inspection, each requestor present a government issued photo id that includes an address in order to obtain the information.

By doing these things, you will have a record of the individual who is requesting this information.

Please let me know if you have other questions.

Elisha D. Hodge
Open Records Counsel

Please remember that these legal opinions were written based on the facts of a given city at a certain time. The laws referenced in any opinion may have changed or may not be applicable to your city or circumstances.

Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.