| Public records policy passes |
By: Sabrina Bates, Chief Staff Writer
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Posted: Friday, March 6, 2009 8:19 am
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It was a question of public records accessibility that was brought before Dresden City Board members Monday evening.
While the resolution to establish procedures for the general public to gain access to public records passed, the topic brought out a lengthy discussion between Dresden’s aldermen.
Under the adopted resolution, people requesting open records from the City of Dresden must fill out a records request form and present identification when seeking access to the record.
The item was tabled during last month’s Dresden board meeting when the board asked City Attorney Jeff Washburn to review the resolution and present the information to board members during their recent meeting.
Washburn explained to the board that the resolution was recommended by a task force created by Gov. Phil Bredesen’s office. The attorney added that it was an “opt-in” law, but not a requirement by the state.
The debate between aldermen included language within the resolution that stipulated if a person requesting a public record refused to fill out the request form, a city employee shall complete the request form.
“I think if a person refuses to fill out the request form, we should refuse to provide them with a copy of the public record,” Alderman Dick Tidwell commented.
“But can you do that. Can you actually deny someone a public record,” Alderman Jake Bynum asked.
Washburn responded by saying that with certain guidelines in place by the city, if a person does not follow the guidelines, the city could deny access to the open record.
“I think we should change the language to state if someone is incapable of filling out the form, a city employee could do that for the person. If a man has a car wreck and breaks both of his arms when he comes in looking for the accident report, are we going to tell him that he cannot have his accident report because he cannot fill out the form,” Alderman Mike Parrish stated.
Board members agreed to change the terminology in the resolution to strike the word “refuse” and change it to state if a person is “unable” to complete the request form.
Bynum said that although the resolution states a person must fill out a request form to view or copy a public record, what would happen if a person called from Florida wanting to know how much money the city recorder Jennifer Branscum makes.
Mayor Danny Forrester said a person must show identification before he or she could gain access to the public record.
“We don’t know who that person is on the phone looking for that information,” Forrester added. He emphasized a person had to present photo identification before obtaining access to that information.
Bynum was the only alderman to vote against adopting the resolution.
The resolution stipulates that once a request form is given to a records custodian, the custodian has seven days to determine whether the city can retrieve the records requested and whether the requested records contain any confidential information as well as the estimated charge for copying based upon the number of copies and amount of time required.
Labor charges will be assessed if it takes longer than one hour for the records custodian to research, retrieve and duplicate the public record. Labor fees will also be assessed if it takes more than one employee to complete the record request.
Under the resolution, 15 cents will be charged for each black and white sheet copied and 50 cents for each color page that is copied. If a person requests to only view the record, the resolution states that records inspections are free.
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