Legal Documents of Maryville
Code of Maryville
Title 21 Miscellaneous
Chapter 5 Public Records Policy
21-501 : Procedures regarding access to and inspection of public records.
- Consistent with the Tennessee Public Records Act ("Act"), being Tennessee Code Annotated, §§ 10-7-101, et seq., personnel of the City of Maryville shall provide full access and assistance in a timely and efficient manner to Tennessee residents who request access to public documents by submitting an "inspection/duplication of records request," appendix A. City of Maryville personnel may require presentation of government issued photo identification that shows the requestor's Tennessee address to verify citizenship. A copy of the form of identification used will not be routinely retained by the city unless an issue is presented as to its applicability, validity or authenticity, or for some other valid reason.
- Employees of the City of Maryville shall protect the integrity and organization of public records with respect to the manner in which the records are inspected and copied. All inspections of records must be performed under the supervision of the records custodian or designee. The records custodian shall be the city recorder. All copying of public records must be performed by employees of the city, or, in the event that city personnel are unable to copy the records, by an entity or person designated by the records custodian.
- To prevent excessive disruptions of the work, essential functions, and duties of employees of the City of Maryville, persons requesting copying of public records shall complete a records request form to be furnished by the city. Requests to view and not copy a public record are not required to be in writing unless otherwise required by law. Persons requesting access to open records shall describe the records with specificity so that the records may be located and made available for public inspection or duplication. All requests for public records shall be directed to the Public Records Request Coordinator ("PRRC"). The PRRC shall be the city community relations manager, or his or her designee. The PRRC may be contacted at 400 West Broadway Ave., Maryville, Tennessee 37801.
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When records are requested for inspection or copying, the records custodian has up to seven (7) business days to determine whether the city can retrieve the records requested and whether the requested records contain any confidential information, and the estimated charge for copying based upon the number of copies and amount of time required, and will be provided a "records production letter," appendix B. Confidential information will be redacted prior to providing for inspection or copying of the requested record.
Within seven (7) business days of a request for records the records custodian shall:
- Produce the records requested;
- Deny the records in writing, giving explanation for denial, "records request denial letter," appendix C; or
- In the case of voluminous requests, provide the requestor, in writing, with an estimated time frame for production and an estimation of duplication costs.
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There is no charge assessed to a requester for inspecting a public record. Up to ten (10) pages of black and white standard sized copies of records requested are free of charge to the requestor, with one (1) such set of free copies permitted per person per year. Otherwise, charges for physical copies of records where the copies total more than ten (10) per person per year, in accordance with the office of open records counsel schedule of reasonable charges, are as follows:
- Fifteen cents ($0.15) per copy for black and white copies.
- Fifty cents ($0.50) per copy for colored copies.
- Fifteen cents ($0.15) per copy for accident reports.
- Maps, plats, electronic data, audio discs, video discs, and all other materials shall be duplicated at actual costs to the city
Due to security concerns, flash drives may not be used to copy electronic data. Electronic copies are available at a rate of fifteen cents ($0.15) per page. Pictures may be taken of requested documents, but only after redaction of personal or confidential information has been done. Due to the costs of review and redaction of such records, copies taken by photo are also charged at a rate of fifteen cents ($0.15) per page.
Payment is to be made in cash, personal check or accepted credit card presented to the City of Maryville prior to receipt of any copies.
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Requests for copies requiring less than one (1) hour of municipal employee labor for research, retrieval and duplication are free to the requester. Labor in excess of one (1) hour may be charged by the city, in addition to the cost per copy, as provided in subsection (5) above. The city may require payment in advance of producing voluminous records. Requests for copies of records may not be broken down to multiple requests for the same information in order to qualify for the first free hour. For a request requiring more than one (1) employee to complete, labor charges will be assessed based on the following formula:
In calculating the charge for labor, a department head shall determine the number of hours each employee spent producing a request. The department head shall then subtract the one (1) hour threshold from the number of hours the highest paid employee(s) spent producing the request. The department head will then multiply the total number of hours to be charged for the labor of each employee by that employee's hourly wage. Finally, the department head will add together the totals for all the employees involved in the request and that will be the total amount of labor that can be charged.
- The police chief shall maintain, in his or her office, records of undercover investigators containing personally identifying information. All other personnel records of the police department shall be maintained in human resources. Requests for police officer personnel records, other than for undercover investigators, shall be made to the PRRC who shall forward such requests to the director of human resources, who shall promptly notify the police chief of such request. The police chief shall make the final determination as to the release of said police officer information requested. In the event that the police chief refuses to release the information, he shall provide a written explanation of the reasons for not releasing the information.
- In certain cases, access cannot be provided to original records and copies of such records will be deemed sufficient compliance with the Act. For example, the original records cannot be provided when redaction is required or when records are frail due to age or other conditions, and direct access may cause damage to the originals. In such instances the records custodian should inform the requestor that access will be provided to copies of the records.
- If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy, as such redacted copy shall suffice as access to the document. (1999 Code, § 1-401, modified)