Tennessee Open Records Law - Request

Kent Hoover filed this request on behalf of Haley Parker with the Shelby County Retirement System of Shelby County, TN.
Est. Completion None
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Fix Required

Communications

From: Haley Parker

Dear Sir / Madam,

I am writing to ask for your help with a request for information under the Tennessee Open Records Law, Tenn. Code sec 10-7 and 10-8.

I was wondering whether it would be possible for you to provide me with some information regarding your private equity, venture capital and real assets investments. In particular I would be grateful to receive any documents containing the commitment, contribution, distribution, value and IRR information for these investments as of June 30, 2019?

Thank you very much for your attention in this matter.

Yours faithfully,

From: Shelby County Retirement System

Dear Muckrock News:

We are in receipt of your request, however, your correspondence indicates you a citizen of Massachusetts, not Tennessee. Pursuant to the Tennessee Public Records Act, codified by Tenn. Code Ann. § 10-7-101, et seq., Shelby County Government’s records are not open to inspection by individuals who are not Tennessee citizens. See Tenn. Code Ann. § 10-7-503(a)(2)(A)(“[a]ll state, county, and municipal records … shall at all times, during business hours, be open … for inspection by any citizen of Tennessee”); see also Ray v. Stanton, C.A. No. 88-285-II, 1989 WL 14135, *3 (Tenn. Ct. App. Feb. 24, 1989)(finding that the provisions of the Public Records Act are available only for any citizen of the State of Tennessee); and Tenn. Op. Atty. Gen. No. 01-132, 2001 WL 1048622 (Tenn. A.G. August 22, 2001)(persons who are not citizens of Tennessee can be denied access to public records under the Tennessee Public Records Act). Due to the fact that you are not a Tennessee citizen, your public records request is respectfully denied.

If you have any questions, feel free to contact me or Angela Locklear, Public Records Counsel at publicrecords@shelbycountytn.gov<mailto:publicrecords@shelbycountytn.gov>.

Kindest Regards,

Lucinda Calhoun

Lucinda Calhoun
Lead Paralegal/Public Records Assistant
Shelby County Attorney’s Office
Vasco A. Smith, Jr. Administration Building
160 N. Main St., Suite 950
Memphis, Tennessee 38103
(901) 222-2100 (Office)
(901) 222-2105 (Facsimile)
[cid:image002.png@01D812C6.97FA0880]
Confidentiality Notice: This e-mail message, including any attachments, may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution, or copying of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this e-mail message from your computer.

From: Muckrock Staff

Hello,

Mr. Hoover is a TN citizen. Please see attached. Thank you for your help with this request!

From: Shelby County Retirement System

Dear Sir/Madam:

If we understand from the language in your email, you are making a request in the name of the company. However, the Tennessee Public Records Act allows Tennessee citizens, not businesses, access to governmental records. Tenn. Code Ann. § 10-7-502(a)(2)(A). This means in order to make a request pursuant to the Tennessee Public Records Act, a person must make the request in his or her name (not a company’s name), and submit proof that the person is a Tennessee citizen. Pursuant to Shelby County Government’s Public Records Policy, proof of Tennessee citizenship may be provided by submitting a valid Tennessee driver’s license or Tennessee issued identification card.

Furthermore, your below correspondence indicates that this is a third party request. Our office limits communication regarding public record requests to the individual making the request and providing proof of their Tennessee citizenship in support of the request. Pursuant to the Tennessee Public Records Act, codified by Tenn. Code Ann. § 10-7-101, et seq., Shelby County Government’s records are not open to inspection by individuals who are not Tennessee citizens. See Tenn. Code Ann. § 10-7-503(a)(2)(A)(“[a]ll state, county, and municipal records … shall at all times, during business hours, be open … for inspection by any citizen of Tennessee”); see also Ray v. Stanton, C.A. No. 88-285-II, 1989 WL 14135, *3 (Tenn. Ct. App. Feb. 24, 1989)(finding that the provisions of the Public Records Act are available only for any citizen of the State of Tennessee); and Tenn. Op. Atty. Gen. No. 01-132, 2001 WL 1048622 (Tenn. A.G. August 22, 2001)(persons who are not citizens of Tennessee can be denied access to public records under the Tennessee Public Records Act).

Without indicating that you are a Tennessee citizen and not a business making this request and providing proof of your Tennessee citizenship, we are unable to process your request. You may submit your request with proof of your Tennessee citizenship via email to publicrecords@shelbycountytn.gov<mailto:publicrecords@shelbycountytn.gov>.

Thank you.

Kindest Regards,

Lucinda Calhoun

Lucinda Calhoun
Lead Paralegal/Public Records Assistant
Shelby County Attorney’s Office
Vasco A. Smith, Jr. Administration Building
160 N. Main St., Suite 950
Memphis, Tennessee 38103
(901) 222-2100 (Office)
(901) 222-2105 (Facsimile)
[cid:image002.png@01D82320.F07B2EC0]
Confidentiality Notice: This e-mail message, including any attachments, may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution, or copying of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this e-mail message from your computer.

From: Muckrock Staff

Hello,

This request is not being filed by MuckRock, but by the individual, Kent Hoover. MuckRock is simply a platform through which the request is filed, not the requester. Please find Kent Hoover's proof of residency attached. Thank you for your help with this request.

Sincerely,
MuckRock

[Attachment Redacted]

From: Shelby County Retirement System

Dear Sir or Madam:

As you have stated in your following response:
“This request is not being filed by MuckRock, but by the individual, Kent Hoover. MuckRock is simply a platform through which the request is filed, not the requester. Please find Kent Hoover's proof of residency attached. Thank you for your help with this request.
Sincerely,
MuckRock”

As we have previously stated in our email dated February 16, 2022, the Tennessee Public Records Act allows Tennessee citizens, not businesses, access to governmental records. Tenn. Code Ann. § 10-7-502(a)(2)(A). This means in order to make a request pursuant to the Tennessee Public Records Act, a person must make the request in his or her name (not a company’s name), and submit proof that the person is a Tennessee citizen. Pursuant to Shelby County Government’s Public Records Policy, proof of Tennessee citizenship may be provided by submitting a valid Tennessee driver’s license or Tennessee issued identification card.

For these reasons stated, we are still unable to process this request.

Thank you.

Kindest Regards,

Lucinda Calhoun

Lucinda Calhoun
Lead Paralegal/Public Records Assistant
Shelby County Attorney’s Office
Vasco A. Smith, Jr. Administration Building
160 N. Main St., Suite 950
Memphis, Tennessee 38103
(901) 222-2100 (Office)
(901) 222-2105 (Facsimile)
[cid:image003.png@01D85EBF.084BA7D0]
Confidentiality Notice: This e-mail message, including any attachments, may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution, or copying of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this e-mail message from your computer.

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