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This week, March 15–21, marks Sunshine Week, which is a nationwide, nonpartisan effort to promote open government and the public’s right to access government records and meetings.

Sunshine Week was coordinated by the Joseph L. Brechner Freedom of Information Project at the University of Florida. It brings together journalists, civic organizations, educators, librarians, and everyday citizens to shine a light on government transparency.

The week is timed to coincide with the birthday of James Madison, the fourth President of the United States and a champion of the Bill of Rights, on March 16.

Madison famously wrote, “A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or, perhaps, both.”

Sunshine Week was first observed nationally in 2005 by the American Society of Newspaper Editors with support from the John S. and James L. Knight Foundation.

Now in its 21st year, it continues reminding us that government accountability depends on public access to information.

The Tennessee Public Records Act: Your Rights

Tennessee has had open records protections on the books since 1957.

The Tennessee Public Records Act (TPRA)(TCA§ 10-7-501) grants every Tennessee citizen the right to personally inspect public records held by any state, county, or municipal government entity during regular business hours.

Here’s what you need to know about your rights under the TPRA:

Who Can Make a Request?

Any citizen of Tennessee has the right to inspect and obtain copies of public records. You may be asked to present a valid Tennessee driver’s license or other proof of state citizenship.

What Records Are Available?

Public records include documents, papers, letters, maps, photographs, electronic files, films, sound recordings, and other materials made or received in connection with official government business.

This can be meeting minutes, government spending records, police bodycam footage, emails between government employees, and much more.

Some records are exempt from disclosure under state or federal law, such as certain personnel records, ongoing criminal investigation files, and information protected by attorney-client privilege.

How Do I Make a Request?

Requests to inspect records can be made orally or in writing, either in person, by phone, by fax, by mail, or by email (if the government entity uses email for official business)

A government entity cannot require you to submit a written request just to look at records. However, if you want copies, the entity may require a written request or that you fill out a specific form.

The Office of Open Records Counsel (OORC), a division of the Tennessee Comptroller’s Office, has developed a standard public records request form that should be accepted by all government entities in the state. You can download it here:

Tennessee Public Records Request Form (PDF)

When filling out your request, be as specific as possible. Include the type of record, the timeframe or dates involved, and relevant subject matter or keywords. The more detail you provide, the easier it will be for the records custodian to locate what you’re looking for.

What Does It Cost?

Under current law, inspection of public records is free.

A records custodian cannot charge you just to look at a document. If you want copies, the government entity may charge reasonable costs: up to 15 cents per page for black-and-white copies.

If your request requires more than one hour of staff labor to fulfill, you may also be charged a labor fee proportional to the employee’s hourly rate. The first hour of labor is free. Before any copies are produced, the custodian must provide you with a written estimate of charges.

How Long Should It Take?

Government entities are required to respond promptly to public records requests. If it’s not practical to respond immediately, the entity has seven business days to either make the records available, deny the request in writing, or provide you with a timeline and cost estimate for fulfilling the request.

What If I’m Denied?

If a government entity denies your request, you have options. You can contact the Office of Open Records Counsel for guidance and mediation at comptroller.tn.gov/office-functions/open-records-counsel.

You can also petition a chancery or circuit court. In Tennessee, the burden of proof falls on the government. They must justify the denial by a preponderance of evidence. If a court finds a willful violation of the TPRA, the government entity can be ordered to pay your attorney’s fees.

The Recurring Threat to Free Inspection

Even as we celebrate Sunshine Week, it is worth remembering that your right to free inspection of public records has faced repeated legislative challenges, and could face them again.

The Latest Attempt.

Earlier in the 114th General Assembly, Senate Bill 730, sponsored by Sen. Adam Lowe (R-District 1), and its House companion House Bill 903, sponsored by Rep. Greg Vital (R-District 29), sought to authorize government entities to charge fees for merely inspecting public records. Inspection is something that has been free since the TPRA was enacted in 1957.

As introduced, the bill would have allowed records custodians to charge a fee if a records request reasonably required more than one hour of an employee’s time to collect records for inspection.

The first hour would have remained free, but after that, the custodian could have charged an hourly rate proportional to the pay of the employee fulfilling the request.

Withdrawn, But Not Gone.

HB 903 was withdrawn on February 6, 2025, the same day it was assigned to the Public Service Subcommittee in the House. The bill never received a committee hearing.

According to reporting by The Daily Times of Blount County, the bill originated with the Tennessee Municipal League, and at least one senator involved in shaping its final form indicated that if an equitable agreement could not be reached, the bill might not advance.

While the withdrawal is welcome news for transparency advocates, it is important to understand that this idea has a pattern of resurfacing.

A Pattern of Attempts.

This was not the first time such legislation has been proposed. Similar bills were introduced in 2015 and again in 2022, each time drawing significant public backlash.

In 2016, the Office of Open Records Counsel surveyed the public and found overwhelming opposition to inspection fees. The OORC’s report noted that such fees could create a perception “that something is being deliberately hidden.”

Deborah Fisher, executive director of the Tennessee Coalition for Open Government, has warned that efforts like these could move Tennessee in a dangerous direction. The concern is if citizens must pay to view records documenting how their government spends their tax dollars, makes decisions, or exercises its authority, many will simply not bother.

That is a loss for everyone. The fact that this idea keeps coming back means citizens must remain vigilant.

What You Can Do

Sunshine Week is a call to action. Here are some ways you can exercise and defend your right to know:

Make a records request. Use the standard form linked above to request records from your city, county, or state agency. It could be spending records, meeting minutes, or communications about a policy that affects you. You have the right to see these documents.

Contact your legislators. If you oppose SB 730 / HB 903, let your state senator and representative know. You can find your legislators at wapp.capitol.tn.gov/apps/fml/search.

Know your rights. Visit the Tennessee Comptroller’s Office of Open Records Counsel website or the Tennessee Coalition for Open Government (tcog.info) for guidance, FAQs, and a help line if you encounter problems making a request.

Spread the word. Share this article. Talk to your neighbors. Government transparency is not a partisan issue—it is the foundation of accountable governance.

As the saying goes, sunlight is the best disinfectant. This Sunshine Week, let’s make sure Tennessee’s public records remain open, accessible, and free to inspect, as they have been for nearly seven decades.