Reasonable Charges a Records Custodian May Charge for Frequent and Multiple Requests for Public Records

T.C.A. § 8-4-604(a)(2) requires the Office of Open Records Counsel (hereinafter "OORC") to establish a separate policy related to reasonable charges a records custodian may charge a requestor for frequent and multiple requests for copies of public records under the Tennessee Public Records Act (hereinafter "TPRA"). The Reasonable Charges for Frequent and Multiple Requests policy (hereinafter "Policy"). The Policy is reviewed at least annually by the OORC.

The Policy is to be used in connection with the Schedule of Reasonable Charges. It should not be interpreted as requiring a records custodian to impose charges for copies or duplication of public records. However, if the governmental entity's public records policy includes charges for copies or duplication, the Policy permits the records custodian to calculate labor charges differently for frequent and multiple requests. The Policy must specify the level of aggregation (whether by agency, entity, department, office or otherwise) and include that requests for routine and readily accessible records such as agendas and minutes of meetings are not covered the Policy. Neither the level of aggregation or excessive fees and other rules are to be used to hinder access to records that are not covered by a confidentiality provision.