|Submitted||July 18, 2013|
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To Whom It May Concern:
Pursuant to Tennessee's Public Records Act, I hereby request the following records:
Copies of all suspicious activity reports received by the Tennessee Bureau of Investigation from Jan 1, 2012 through the date of this request.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.
Your request for records under the Tennessee Public Records Act (TPRA) has been forwarded to me for a response.
That Act makes Tennessee state, county and municipal records "...open for personal inspection by any citizen of this state." Tennessee Code Annotated 10-7-503(a)(2)(A). Since it appears that you are not a citizen of the state of Tennessee your request is denied.
Feel free to contact me if you have any questions about this matter.
I am familiar with the law, but the state has in the past determined that the denial for out of state residents is not required, but discretionary (please see this presentation from the Tennesse comptrollers office for reference: http://www.comptroller.tn.gov/openrecords/pdf/Bradley%20Co.%20Records%2010-12-2009.pdf).
Further, the statute does not dictate that records from out of state requestors be automatically denied, it only says records must be provided to citizens of the state.
Is there a specific reason why you would apply the law to this request in that way?
Other than adding another step to the process, I'm not sure what the major difference would be whether I am the requestor or if I ask a Tennesse resident to request it on my behalf.
Is the state willing to fulfill this request?
I am aware that our law does not require us to deny your request based on the fact that you are not a citizen of Tennessee. However, that fact is the basis of our continued denial of your request.