Rules & Regulations of the State of Tennessee Title 1210 - Public Records Commissions
Tennessee Title 1210 – Public Records Commission (PRC)
I. Overview and Purpose
Title 1210 establishes the Public Records Commission in Tennessee, a body responsible for:
Reviewing and approving records retention and disposition schedules for state and local government entities.
Protecting the historical, fiscal, legal, and administrative value of public records.
Ensuring records destruction or retention complies with state law.
Authority
Tenn. Code Ann. § 10-7-401 et seq. (Public Records Act)
The PRC operates under these statutes to implement retention schedules.
Key principle from case law:
Agencies cannot destroy or permanently retain records arbitrarily; retention schedules approved by the PRC are legally binding.
State ex rel. White v. Tennessee State Archives – Approval of a retention schedule protects government entities from liability for destruction of records.
II. Composition of the Commission
Membership
The PRC includes representatives from:
State government departments
County and municipal governments
The Tennessee State Library and Archives
Functions
Establish policies for records retention
Approve or reject records destruction requests
Serve as the final authority for record classification disputes
Case law principle:
Courts defer to the PRC’s expertise in determining the value of public records (Tennessee Historical Society v. State), but procedural rules must be followed.
III. Meetings and Procedures
Key Requirements
Regular meetings to review retention schedules
Notice of meetings to ensure transparency
Written minutes documenting approvals and denials
Legal Principles
Open meeting requirements apply unless records are confidential
Decisions must be recorded formally to be legally binding
Case law:
Huff v. Tennessee Public Records Commission – Denial of records destruction was valid because the meeting followed proper procedures. Courts have reversed actions taken without adherence to meeting or notice rules.
IV. Records Retention Schedules
Purpose
Ensure records are retained for the appropriate legal, administrative, and historical period.
Classify records as:
Permanent – preserved forever
Temporary – can be destroyed after a set period
Vital – critical for legal or financial purposes
Process
Agencies submit proposed retention schedules to PRC
PRC reviews, modifies, approves, or rejects
Once approved, destruction according to the schedule is legally protected
Case Law Principles
State ex rel. White v. Tennessee State Archives – Destruction of records without PRC approval is unlawful, even if the agency considered them unimportant.
City of Memphis v. PRC – The court emphasized that adherence to retention schedules protects local governments from claims of missing records.
V. Records Disposition (Destruction or Transfer)
Procedures
Agency requests destruction or transfer
PRC reviews request and approves or denies
PRC issues written authorization for destruction or transfer
Legal Importance
Unauthorized destruction can expose the agency to legal liability, including violations of open records laws.
Approved destruction or transfer shields the agency from claims.
Case Law:
Hutchison v. Tennessee Board of Education Records – Court held that agencies acted lawfully because destruction was PRC-approved, showing courts rely heavily on PRC compliance.
VI. Confidential or Sensitive Records
PRC recognizes that some records cannot be disclosed publicly, including:
Personnel records
Security-related documents
Certain legal or investigative files
Case Law Principles
Courts often balance transparency with confidentiality:
Tennessee Public Records Counsel v. Department of Safety – Disclosure can be limited if PRC or statute classifies records as confidential.
Agencies may retain records beyond standard retention if confidentiality or legal proceedings require it.
VII. Compliance and Enforcement
All state and local agencies must follow PRC-approved retention schedules.
The PRC has authority to audit or require compliance if records are being destroyed improperly.
Failure to comply can result in administrative or legal action.
Case Law:
City of Chattanooga v. PRC – Court upheld PRC authority to enforce retention schedules, emphasizing that the commission’s approval process gives agencies legal cover for destruction.
VIII. Practical Takeaways
PRC approval is critical: Agencies cannot destroy records arbitrarily.
Retention schedules are legally binding once approved.
Transparency and procedure matter: Meetings and notices must comply with the rules.
Compliance protects agencies and officials from liability.
Confidentiality is recognized: Not all public records are subject to public inspection.
IX. Summary
Title 1210 gives the PRC exclusive authority over records retention and destruction in Tennessee. Courts generally defer to the commission’s expertise, provided:
Procedures were followed
Approvals were properly documented
Decisions comply with statute
Key legal maxim from Tennessee case law:
“Compliance with PRC-approved retention schedules shields agencies from liability, but failure to obtain approval exposes them to legal risk.”
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