When Requests for Records are Denied
When a municipality denies a request for records or impedes a requestor’s ability to access public records, the Public Records Act guarantees the requestor’s right to petition a court for access to the records. T.C.A. § 10-7-505(a). At trial, the municipality has the burden of proving that it did not violate the Act. T.C.A. § 10-7-505(c). A court must then weigh the evidence presented by the municipality against the court’s duty to construe the Act “to give the fullest possible access to public records.” T.C.A. § 10-7-505(d). If the court finds that the municipality “willfully” violated the Act, the “court may, in its discretion, assess all reasonable costs involved in obtaining the record, including reasonable attorneys' fees, against [the municipality].” T.C.A. § 10-7-505(g).