Council seeks formal clarification on council access to public records and limits under state law

Athens — Council members asked staff and the city attorney to clarify whether the council has the right to obtain unredacted city records at no cost, and under what conditions confidential records (for example, personnel files and HIPAA-protected health information) remain exempt.

A council member recalled a November 2022 motion that he said allowed council access to any record at no cost and without redaction; others pressed for limits explaining that certain categories—Social Security numbers, personnel or medical records—should remain protected. The city attorney and city manager (referenced) advised the council that some statutory exemptions under the Tennessee Public Records Act (TPRA) cannot be waived by council action and that attorney-client privilege and other legal exceptions may restrict disclosure.

Council members asked the city attorney to draft a clear motion and policy language for the next meeting to define: (1) which records council members may obtain without charge; (2) the permissible process for requesting and receiving records (city manager as intermediary was referenced); and (3) explicit prohibitions on sharing confidential material outside the council. Several council members emphasized the need for procedural safeguards, enforcement if a council member improperly shares confidential data, and clarity on what staff time is expected to comply with requests.

No formal policy change was adopted at this meeting; the council directed staff and the city attorney to prepare recommended language for the next meeting.