| No public records changes expected |
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By: LISA MARCHESONI, Post Senior Writer
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Posted: Sunday, January 31, 2010 7:14 am
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No changes are expected in the state’s open meetings and public records law even though the city of Murfreesboro asked the Tennessee legislature to alter some laws.
Earlier this month, city leaders outlined legislative priorities for senators and representatives who represent Murfreesboro and Rutherford County.
State Sen. Bill Ketron (R-Murfreesboro) who chairs the Opens Record Counsel and the Senate’s State and Local Government Committee, said he will introduce the legislation on the city’s behalf but that doesn’t mean he will support it.
“My make up is and always has been transparency and accountability,” Ketron said.
The city requested the following changes:
• Allowing law enforcement officers to keep confidential information about an ongoing investigation.
In a letter to Ketron, City Attorney Susan Emery McGannon, Police Chief Glenn Chrisman and City Manager Rob Lyons stated the city was sued by an attorney for an out-of-state defendant because it failed, by the district attorney’s request, to provide information about the K-9 involved in the defendant’s arrest.
The chancellor hearing the case ruled the defendant had the right to request and receive records without going through the court discovery process. Also, the chancellor wrote the city was not required to disclose information in open or pending cases “where doing so would impede those prosecutions or those investigations.”
City leaders maintained the court set up law enforcement officers for disputes about whether the release of information would impede an investigation or prosecution. The city wants to clarify the standard.
Also, a newspaper requested taped interviews that were not released as part of an ongoing investigation, leading the city to believe the newspaper wanted to challenge the city’s interpretation of the public records law.
Ketron said the attorney Elisha Hodge of the Office of Open Records Counsel gave a presentation last week to the Senate’s State and Local Government Committee.
“I don’t see it (the city’s request) moving forward,” Ketron said.
• Protecting information of people who are not city employees but interact with city services.
City leaders stated residents who sign up for utility services may provide an unlisted phone number and job seekers may give their Social Security number. Both the phone number and Social Security number may be obtained by any Tennessee citizen.
• Protecting medical information about city residents who are not employees but interact in programs.
For example, parents of a child who sign up for recreational programs may have to give medical information about the child.
The city suggests that medical information should not be public information.
Under the Public Meetings Act, governments must notify citizens about any public meeting.
The city proposed to notify the public on its Web site rather than in a newspaper to save money and to inform more citizens.
Ketron said he did not support the proposal to place the meetings notice on the Web site because many citizens don’t have access to a computer.
State Sen. Jim Tracy and Reps. Donna Rowland and Joe Carr said they couldn’t comment because they hadn’t seen the city’s request. State Rep. Kent Coleman did not reply to a reporter’s e-mail.
Lisa Marchesoni may be reached at 869-0814 or at lmarchesoni@murfreesboropost.com. |
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