A Tennessee agency that’s supposed to provide critical information to citizens, news media and government offices regarding the state’s public records and open meeting laws simply lacks the resources to do its job adequately, a new state Comptroller’s audit says.
The audit of the Office of Open Records Counsel, which is housed in the Office of the Comptroller of the Treasury, revealed a backlog of 603 inquiries as of Sept. 14, 2015. Two dated back to March 11, 2014.
“The Office of Open Records Counsel did not have the resources necessary to make critical staffing adjustments to provide for the expeditious response to increased inquiries, leading to a significant backlog,” the audit says.
Auditors in Comptroller Justin Wilson’s Division of State Audit are recommending the Office of Open Records Counsel consult with state lawmakers and other stakeholders “to solidify timeliness expectations for processing both inquiries requiring informal advisory opinions and ones that don’t.”
“Comptroller’s Office management should also continue to evaluate staffing options for the Office of Open Records Counsel,” auditors said. “The Open Records Counsel and Division of Technology Solutions Director should continue to coordinate regarding SharePoint database improvements.
“Finally,” auditors said, “we urge the Open Records Counsel to calculate response times at least quarterly and share her analysis with the Comptroller of the Treasury, so that information is expeditiously communicated to those who seek assistance.”
The Office of Open Records Counsel, headed by Ann Butterworth, was created in 2007 by then-Gov. Phil Bredesen at the request of the Tennessee Coalition for Open Government (TCOG) and was supported by the Tennessee Press Association, which represents newspapers. It was established in statute in 2008.
The Office of Open Records Counsel was intended to help citizens, news organizations and government agencies by providing information and informal advisory opinions on Tennessee’s Open Records Act and the Open Meetings Act (Sunshine law).
It was also intended to mediate informally and assist with resolution of issues on open records requests as well as collect data on open meetings law inquiries and problems.
The office develops forms, schedules, policies and guidelines for open record requests. It does not serve as a clearinghouse for all public records requests. Nor does it make public record requests on behalf of others.
Auditors say the office (continue reading)