Lost But Not Forgotten – Public Records Commission

A recent State Attorney General’s Opinion has brought the issue of County Public Records Commissions and their responsibilities to the forefront. By Tennessee Code, counties are mandated to have a Public Records Commission to deal with the distribution, storage and destruction of public records. The creation of the County Public Records Commission was an effort to secure public access to public information including meeting minutes and records of the County Legislative body (County Commission), as well as all documents, papers, records, books and books of account in all County offices. They also hold the pleadings, documents, and papers filed with all courts, including the courts of records, general session court, and former courts of justices of the peace. In addition, records of other offices that are allocated funds from the County budget are subject to the authority of the County Public Records Commission, including but not limited to the Department of Education.

The Public Records Commission is mandated to have at least six members, with three of those being Mayoral appointments and three County officers. Mayoral appointments must include one County Commissioner, one judge or designee of one of the courts of record in the County and genealogist. In addition, ex officio members include the County Clerk, County Register and the County Historian. By statute, ex officio members are also voting members of the body.

A need for a County Public Records Commission was identified in the 1950s and was suggested to local governments to provide continuity in public record keeping. In 1994 the State Legislature made the County Public Records Commission a mandatory body. CTAS notes one of the primary benefits of the County Public Records Commission to be the demonstration to citizens of local counties that its government is meeting its legal and custodial responsibility of maintaining public records.

Jefferson County does have a County Public Record Commission, however, it has been inactive long-term. State statute mandates that the Commission meet at least twice a year, though it is advised that it meet regularly. Currently sitting on the Jefferson County Public Records Commission are Ed Stiner, Bob Jarnigan, Lu Hinchey, Ben Strand, Rick Farrar and the late Tommy Music. All appointees are for term of office or expire in September of 2014. As the Commission has not met since the passing of Commissioner Musick, there has been no request for his replacement.