LEGISLATIVE HISTORY
ORDINANCE NO. BL2017-708
An ordinance to establish a Public Records Request Coordinator, to adopt a Public Records Policy for the Metropolitan Government of Nashville and Davidson County, and to amend Chapter 2.140 of the Metropolitan Code of Laws.
WHEREAS, the General Assembly of the State of Tennessee has enacted 2016 Tennessee Laws Pub. Ch. 722 (H.B. 2082)(the State Act), which requires governmental entities to establish and adopt a written public records policy by July 1, 2017; and,
WHEREAS, the State Act further specifies that the written public records policy must include the name or title of the individual or individuals within such governmental entity designated as the public records request coordinator; and,
WHEREAS, Metropolitan Code of Laws 2.140.010 created the Public Records Commission for the purpose of providing for the orderly disposition of public records created by all departments and agencies, including boards and commissions, of the Metropolitan Government; and,
WHEREAS, it is a logical extension of the authority granted to the Public Records Commission that it be authorized to establish rules and regulations expanding upon and interpreting the Public Records Policy adopted herein; and,
WHEREAS, the Metropolitan Clerk staffs the Public Records Commission and is thus the logical choice to be appointed the Public Records Request Coordinator for the Metropolitan Government; and,
WHEREAS, certain departments, agencies, boards or commissions of the Metropolitan Government have particular public records policies of their own that they prefer to continue to utilize and it is, accordingly, appropriate to allow certain departments, agencies, boards or commissions to choose to opt in or out of being included in the Metropolitan Government’s Public Records Policy; and,
WHEREAS, allowing such departments, agencies, boards or commissions to be excluded from the Metropolitan Government’s Public Records Policy is permissible under the State Office of Open Records Counsel’s interpretation of the State Act, in its Model Public Records Policy developed per the State Act, so long as such departments, agencies, boards or commissions adopt their own public records policy, and appoint their own public records request coordinator; and,
WHEREAS, it will be critical to the Public Records Request Coordinator’s ability to perform the responsibilities of that role to require the department heads of each department, agency, board and commission to appoint a departmental records custodian, who shall be the primary facilitator within that department, agency, board or commission to ensure that public records requests are fulfilled in accordance with Tenn. Code Ann. Section 10-7-503(a)(2)(B); and,
WHEREAS, it is therefore in the best interest of the Metropolitan Government of Nashville and Davidson County to adopt the Public Records Policy attached hereto as Exhibit A and to further provide as follows.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the Public Records Policy attached hereto as Exhibit A is hereby approved and adopted effective July 1, 2017, and is incorporated herein by reference.
Section 2. That Section 2.140.050 of the Metropolitan Code of Laws is hereby deleted in its entirety and replaced with the following:
The public records commission shall establish reasonable rules and regulations to accomplish the primary task of providing for the orderly disposition of records as well as establishing rules and regulations to expand upon and interpret the Public Records Policy of the Metropolitan Government. Such rules shall provide, but not be limited to:
A. Standards and procedures related to the creation, filing, storage, disposal, preservation, and duplication of records;
B. The process for public records requests, responses to public records requests; and fees and charges for records requests including procedures for billing and payment.
C. Appointment of Records Officers and Records Custodians. The head of each department shall designate a records officer, who shall be an employee at the administrative level, and inform the commission chairman in writing of such designation. The head of each department shall likewise designate a departmental records custodian, who shall be an employee at the administrative level, and inform the Metropolitan Clerk in writing of such designation. The records officer and records custodian may be the same person. The records officer and departmental records custodian shall be the primary facilitator(s) between the department and the staff of the records commission. The departmental records custodian shall be responsible for ensuring that departmental public records requests are fulfilled in accordance with Tenn. Code Ann. Section 10-7-503(a)(2)(b);
D. The rules shall be applicable to all metro government departments.
Section 3. That the Public Records Policy attached hereto as Exhibit A shall contain a provision allowing certain departments, agencies, boards or commissions to choose to opt in or out of its application so long as any departments, agencies, boards or commissions that opt out adopt a Public Records Policy of their own compliant with the State Act.
Section 4. That the Public Records Policy attached hereto as Exhibit A shall designate the Metropolitan Clerk to serve as the Public Records Request Coordinator of all Metropolitan Government departments, agencies, boards and commissions who do not opt out of the Public Records Policy.
Section 5. That amendments to the Policy attached as Exhibit A may be approved by resolution.
Section 6. That this ordinance shall take effect immediately, the public welfare requiring it.
Sponsored by: Colby Sledge, Kathleen Murphy
Amendment No. 1
To
Ordinance No. BL2017-708
Mr. President:
I move to amend Ordinance No. BL2017-708 by deleting Exhibit A thereto in its entirety and replacing it with the attached Exhibit A.
Sponsored by: Colby Sledge, Kathleen Murphy
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | May 2, 2017 |
| Passed First Reading: | May 2, 2017 |
| Referred to: | Personnel, Public Information, Human Relations, and Housing Committee |
| Amended: | May 16, 2017 |
| Passed Second Reading: | May 16, 2017 |
| Passed Third Reading: | June 6, 2017 |
| Approved: | June 7, 2017 |
| By: | |
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