County commissioners said Thursday they would open up more records to the public after listening to an expert on Tennessee open records laws.
"We need to get a grip on some of this," said Commissioner Greg Beck.
Commission Chairman Fred Skillern said the commission would designate a place where records can be kept and viewed by the public. He said the commission also would designate a person to delegate open records requests.
Commissioners also said they would look at providing more access to the public on the Internet, such as meeting minutes.
Elisha Hodge, an attorney for the state Office of Open Records, provided an hourlong presentation to the commission about open records laws.
The presentation was scheduled after the Chattanooga Times Free Press requested mail and e-mail sent to commissioners in the last few weeks. Some commissioners have provided copies of mail and e-mail they receive prior to each meeting; others have not.
During her presentation, Hodge told commissioners that almost any kind of government transaction can be construed as an open record, including e-mails and phone messages.
"All governmental records are open to citizens of Tennessee," she said.
After the presentation, questions were opened up to the commission and media. Newly sworn-in Commissioner Tim Boyd asked for a definition of "when and where are we not in your official capacity?"
"It's our opinion you are always in your official capacity," Hodge said. "You can't turn it on or off."
WHAT IS A PUBLIC RECORD?Public record or records' or "state record or records" means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any government agency.Source: Tennessee Code Annotated
Skillern said one of the reasons Hodge was at the meeting was that a member of the media asked for the commission's mail. He asked if those records had to be turned over immediately.
"Sometimes I like to read my mail and respond to constituents' concerns," he said.
But Hodge said the law states any record must be handed over "promptly."
"If something is readily available, it needs to be readily available," she said.
If there is any personal information in an e-mail, however, that might be an exemption to the public records law, Hodge said.
To determine what is and what isn't personal information, Hodge said she recommends usually using an attorney, but someone within the governmental body could be the one who reviews the records and decides whether to give out the information.
Basically, it comes down to "anybody who is available," she said.