Tennessee lawmakers seek to change state law following Hamilton County's destruction of public records

Tennessee state Sen. Todd Gardenhire, R-Chattanooga, left, and state Rep. Yusuf Hakeem, D-Chattanooga, are shown in this composite photo. / Staff file photo
Tennessee state Sen. Todd Gardenhire, R-Chattanooga, left, and state Rep. Yusuf Hakeem, D-Chattanooga, are shown in this composite photo. / Staff file photo

After the Hamilton County Attorney's Office quoted an unlawful charge for and later destroyed records requested by the Times Free Press, members of the local legislative delegation want to amend state records policy.

Tennessee state Sen. Todd Gardenhire, R-Chattanooga, and state Rep. Yusuf Hakeem, D-Chattanooga, swiftly introduced a bill to amend and strengthen state records policy just days after a report detailing the newspaper's six-month struggle for records, hoping to prevent future records issues in Hamilton County and across the state.

"What we hope to achieve is to stop what went on with the county and make it clear that you can't destroy public records, especially if they've been requested," Gardenhire said. "I just want to make sure that this doesn't happen again. That's uncalled for."

Hakeem echoed Gardenhire's concerns, saying the bill is a first step in righting the wrongs in Hamilton County's records procedure and clarifying, at a state level, that the behaviors were "unacceptable."

"It would codify that actions of that nature are not acceptable," Hakeem said of both the county's charging to inspect records and subsequent destruction of requested records. "One, looking at open access or transparency, records of that nature should be made readily available and, second, destruction of such material should be deemed unacceptable."

The act to amend existing records law now seeks to require a "state agency, institution and political subdivision to post electronic mail communications policy" on its website, but it is a caption bill, meaning it may be changed or added to before a vote to change the codes listed, both of which pertain to the inspection and retention of records.

Locally, the Hamilton County Commission pressured County Attorney Rheubin Taylor, who oversees the county records office and defended the inspection charges and destruction of records, for answers during its Wednesday meeting, but the body has not yet discussed policy or response to the apparent violations of state law.

Commission Chairman Randy Fairbanks said he can't speak for whether any of the other eight commissioners are considering any policy changes, but that they share the Legislature's concern about transparency.

"We take it seriously, and we will look into it," Fairbanks said Thursday night after learning about the bill. "I plan on bringing the issue up at the next meeting."

Contact Sarah Grace Taylor at 423-757-6416 or at staylor@timesfreepress.com. Follow her on Twitter @_sarahgtaylor.

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