Employee Personnel File

Kent,

The Department received your records request below on October 15, 2024. When a request is made, we ask that you provide a copy of government-issued identification with your address, such as a Tennessee driver’s license. Also, you may provide another form of identification to show you are a Tennessee resident. This identification is requested in accordance with the Tennessee Open Records Act and the Department’s Open Records Policy.

If we do not receive proof of Tennessee citizenship in 10 business days this request will be considered closed.

Thank you.

[cid:image001.png@01DB2093.BE469660]
Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
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Connect with TDH on Facebook<https://urldefense.com/v3/__https:/www.facebook.com/TNDeptofHealth__;!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aMRkiMuRw$> and Twitter<https://urldefense.com/v3/__https:/twitter.com/TNDeptofHealth?ref_src=twsrc*5Egoogle*7Ctwcamp*5Eserp*7Ctwgr*5Eauthor__;JSUlJSU!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aOC4Wvgqg$> @TNDeptofHealth!

Mr. Hoover:

This email is in response to your Open Records Request of the Tennessee Department of Health, received on Oct. 15, 2024, for: ”An electronic copy of basic employee information for an employee of TN DOH, Derek Maness. …”.

Because the Department takes the privacy and security of its employees seriously, we are respectfully requesting a clarification of your request with some form of verification the person for whom you are seeking Department employment records is in fact an employee of the Tennessee Department of Health named Derek Maness, and not a different individual entirely named Derek Maness residing in the State of Tennessee.

For example, the following Clay County News article, Twenty Six Suspects Taken into Custody as Undercover Drug Investigation Nets Indictments and Arrests in Tennessee - ClayCoNews<https://www.clayconews.com/news/19513-undercover-drug-investigation-nets-indictments-and-arrests-in-tennessee>, includes an individual named Derek Maness who is a resident of the State of Tennessee. However, the Derek Maness in this Clay County News article is not an employee of the Tennessee Department of Health.

Additionally, in accordance with the Tennessee Open Records Act, the Department requires any person making a request for records to present government-issued photo identification with an address to show proof of Tennessee residency, T.C.A. § 10-7-503(a)(7)(A)(vi). See also the Public Records Policy of the Department, https://www.tn.gov/content/dam/tn/health/documents/2021-Public-Records-Requests.pdf.

The Department requests that you provide proof of State of Tennessee residency, such as a copy of your Tennessee driver’s license or other government-issued identification with your photo and a Tennessee address before we proceed with researching your request.

Thank you for your attention to this matter and we will be looking for your record verification and proof of State of Tennessee residency in follow up. If the Department does not receive this information your request will be closed.

Sincerely,
[cid:image002.png@01DB26F4.8A0B8C90]
Dean Flener | Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-532-5709
dean.x.flener@tn.gov<mailto:dean.x.flener@tn.gov>
tn.gov/health<http://www.tn.gov/health>

Kent,
Thank you for your patience. With respect to your inquiry, the Department assesses reasonable charges for the labor associated with producing electronic copies. Please review the attached cost estimate.
The Tennessee Public Records Act, Tenn. Code Ann. §10-7-503(a)(7)(B) states:
(B)(i) A records custodian may require a requestor to pay the custodian's reasonable costs incurred in producing the requested material and to assess the reasonable costs in the manner established by the office of open records counsel pursuant to § 8-4-604.
(ii) The records custodian shall provide a requestor an estimate of the reasonable costs to provide copies of the requested material.
Furthermore, the reasonable costs are provided in accordance with the Department’s rules and the Schedule of Reasonable Charges established by the Office of Open Records Counsel. Tenn. Comp. R. & Regs. 1200-35-01-.05(1) and https://comptroller.tn.gov/content/dam/cot/orc/documents/oorc/policies-and-guidelines/ScheduleofReasonableCharges.pdf. According to the best practices established by the Office of Open Records Counsel, it is recommended that “Records should be produced electronically, when feasible, as a means of utilizing the most economical and efficient method of producing records.” https://comptroller.tn.gov/content/dam/cot/orc/documents/oorc/policies-and-guidelines/BestPractices_1-20-17.pdf, page 6, Item D. [emphasis added]. For your request, the Department’s reasonable costs are assessed with this best practice in mind, in order to produce electronic records by the “most economical and efficient method”.
For the reasons above, please review the attached cost estimate and promptly respond to this email with your agreement to pay the cost estimate. The Department will not proceed with the request until we hear back from you. Once you agree to the cost estimate, we will compile the records, and send you a final invoice. The final invoice must be paid before the records are produced.
Thank you.

[cid:image001.png@01DB2F5F.DC3FF820]
Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://urldefense.com/v3/__https:/www.facebook.com/TNDeptofHealth__;!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aMRkiMuRw$> and Twitter<https://urldefense.com/v3/__https:/twitter.com/TNDeptofHealth?ref_src=twsrc*5Egoogle*7Ctwcamp*5Eserp*7Ctwgr*5Eauthor__;JSUlJSU!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aOC4Wvgqg$> @TNDeptofHealth!

Kent,

The Department provided you with the attached cost estimate on Nov. 5, 2024, in accordance with the request you submitted. You are welcome to revise your request, but sufficient details must be provided before the Department can locate the responsive records and provide a cost estimate. [TCA 10-7-503(a)(4) states in pertinent part, “request for inspection or copying of a public record must be sufficiently detailed to enable the governmental entity to identify responsive records for inspection and copying.”]

You may withdraw your records request from Nov. 5, 2024 and submit a new one.

Thank you.

[cid:image001.png@01DB3A89.1852C610]
Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://urldefense.com/v3/__https:/www.facebook.com/TNDeptofHealth__;!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aMRkiMuRw$> and Twitter<https://urldefense.com/v3/__https:/twitter.com/TNDeptofHealth?ref_src=twsrc*5Egoogle*7Ctwcamp*5Eserp*7Ctwgr*5Eauthor__;JSUlJSU!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aOC4Wvgqg$> @TNDeptofHealth!

Kent,

The Department is in receipt of your email on November 19. Also, it is noted that we responded to your inquiry on November 19. As previously stated, you are welcome to revise your request.

The Public Records Act states, in pertinent part, “A request for inspection or copying of a public record must be sufficiently detailed to enable the governmental entity to identify responsive records for inspection or copying. “Tenn. Code Ann., §10-7-503(a)(4). With respect to your request, we ask you to identify the records you seek, with sufficient details, so a revised cost estimate can be provided to you. For reference, your request is provided below:

An electronic copy of basic employee information for an employee of TN DOH, Derek Maness. In this request, basic employee information refers to full name, grade, salary, monetary and non-monetary compensation, official title, job description, duty station, current/former immediate supervisors, and any current/former direct reports. Please also include any available personnel records, including (but not limited to) available disciplinary records/performance reviews, resumes, employment applications, colleges / high schools attended, former employers and their contacts, and any communication directly involving the hiring of Derek. Please include government contact information (email, phone number, fax number, cubical/office assignment, mailing address, etc.) for Derek. Please include the timeframe of the beginning of the hiring/selection process of Derek until the date the request is processed or 10/14/2024, whichever is later.

Additionally, I request the most recent email sent & received by Derek to a supervisor at the time the request is processed or 10/14/2024, whichever is later.

I also request Derek's work schedule for the most recent full week at the time the request is processed or 10/14/2024, whichever is later.
Additionally, the cost estimate for electronic copies of the records was provided to you in accordance with the Department’s rules and the Schedule of Reasonable Charges, established by the Office of Open Records Counsel. Tenn. Comp. R. & Regs. 1200-35-01-.05(1), STATE OF TENNESSEE<https://comptroller.tn.gov/content/dam/cot/orc/documents/oorc/policies-and-guidelines/ScheduleofReasonableCharges.pdf> (Schedule of Reasonable Charges); See also, Tenn. Code Ann. §10-7-503(a)(7)(B)(ii) and 2021-Public-Records-Requests.pdf<https://www.tn.gov/content/dam/tn/health/documents/2021-Public-Records-Requests.pdf> (Department of Health Public Records Policy). The reasonable charges are calculated by determining “the total amount of labor for each employee and subtract the threshold from the labor of the highest paid employee(s)”. Schedule of Reasonable Charges, Section IV.E. Respectfully, we are not in a position to provide “the amount of records that can be produced that stay within the 1 hour labor threshold”.

At this time, you may agree to pay for the records, based upon the current cost estimate, or revise your request for the purpose of reducing the cost estimate. As an alternative, you may request to inspect the records in Nashville at the Tennessee Department of Health. Further, you may withdraw this request and submit a new request, if needed. Also, please find information for state employee salaries, https://salary.app.tn.gov/public and job classifications, compensation/job titles, https://www.tn.gov/hr/hr-business-partners/classification-compensation/redirect-classification-compensation-plan.html.

If we do not hear from you within a reasonable amount of time, your request may be closed.

Thank you.

[cid:image001.png@01DB44B7.41C3B350]
Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://urldefense.com/v3/__https:/www.facebook.com/TNDeptofHealth__;!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aMRkiMuRw$> and Twitter<https://urldefense.com/v3/__https:/twitter.com/TNDeptofHealth?ref_src=twsrc*5Egoogle*7Ctwcamp*5Eserp*7Ctwgr*5Eauthor__;JSUlJSU!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aOC4Wvgqg$> @TNDeptofHealth!

Kent,

We acknowledge receipt of your request and need more time to review. We anticipate the next response will be sent to you by December 20 with respect to a cost estimate or providing any responsive records within the department’s labor threshold for copies. The Department is handling a large volume of requests and need time to review and search for responsive records for each of these requests.

Thank you.

[cid:image001.png@01DB4FCD.C857F860]
Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://urldefense.com/v3/__https:/www.facebook.com/TNDeptofHealth__;!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aMRkiMuRw$> and Twitter<https://urldefense.com/v3/__https:/twitter.com/TNDeptofHealth?ref_src=twsrc*5Egoogle*7Ctwcamp*5Eserp*7Ctwgr*5Eauthor__;JSUlJSU!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aOC4Wvgqg$> @TNDeptofHealth!

Kent,

The Department is in receipt of your itemized request, as revised, on December 5. We appreciate your patience while the human resources staff and the Office of General Counsel reviewed the request. Your revised request is attached for reference.

Upon further review, the department is unable to provide records to you in the order and manner outlined in your request. As stated in the department's rules, "Nothing in this Chapter shall be construed to require the Department to make any public record available for inspection in the exact form requested by the requestor." Tenn. Comp. R. & Regs. 1200-35-01-.04(2). The records you seek may come from multiple records custodians and sources throughout the Department; thus, it would require additional labor and cost to collect, review, and redact any responsive records.

Additionally, some of the records you seek do not exist. There are no disciplinary records. Further, the department does not have "a document listing contact information (email, phone number, fax number, cubicle/office assignment, mailing address, etc."

Also, we are unable to provide records determined confidential under state law. Tennessee Code Annotated, §8-30-313(d) states, " The performance evaluations of state service employees shall not be considered public records under § 10-7-503<https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000039&cite=TNSTS10-7-503&originatingDoc=NA7C73480BF3A11EAA75CCAFDA6A69C6B&refType=LQ&originationContext=document&transitionType=DocumentItem&ppcid=85ef88c1e41a4f95b0ce394c7e383f43&contextData=(sc.UserEnteredCitation)>." Respectfully, any performance reviews cannot be provided in response to your request.

As stated above, each sub request is denied to the extent that the records are confidential under state law or do not exist. As such, portions of sub requests 1 through 11 are denied, and sub requests 13 and 14 are denied in their entirety.

Further, the Tennessee Public Records Act states that personal records of a state employee are confidential, including an employee's personal phone number, personal email, and physical address. Tenn. Code Ann. §10-7-504(f)(1). Responsive records containing this information would be redacted to preserve the confidential information, as required by law.

With respect to your request, the Office of General Counsel and human resources staff have collected, reviewed, and redacted records that include Mr. Maness' employment application and resume. These items are specifically requested in sub request 11. The labor is divided between an attorney with the Office of General Counsel and one human resources staff. Together, their labor meets the one-hour threshold requirement under the Schedule of Reasonable Charges, as established by the Office of Open Records Counsel and adopted by the Department. Tenn. Comp. R. & Regs. 1200-35-01-.05(1), STATE OF TENNESSEE< https:// comptroller.tn.gov /content/dam/cot/orc/documents/oorc/policies-and-guidelines/ScheduleofReasonableCharges.pdf> (Schedule of Reasonable Charges); See also, Tenn. Code Ann. §10-7-503(a)(7)(B)(ii) and 2021-Public-Records-Requests.pdf <https:// www.tn.gov/content/dam/tn/health/documents/2021-Public-Records-Requests.pdf> (Department of Health Public Records Policy).

If you choose to limit your request to the public records identified in sub request 11, please notify us as soon as possible. As stated above, the Department can provide the application and resume free of charge. Also, please respond with your intent to withdraw the remaining items in the rest of your sub requests.

For sub requests 1 through 10, we ask for sufficient details and clarification of your request so the department can search for "email communication directly involving the hiring of Derek". For example, please provide a date range and the names or titles of department employees, who may have responsive emails. See, Tenn. Code Ann. §10-7-503(a)(4). Please note, there are thousands of employees in the department, and we are unable to locate emails without additional details. Further, we anticipate a cost estimate would be required for copies of any additional responsive records, as the department would need to assess reasonable charges to search, collect, review, and redact those records.

If you still seek copies of records listed in sub requests 1 through 10, please clarify your request so we can determine whether the Department has responsive records and provide a revised cost estimate. You must agree to pay the reasonable charges before we proceed with completing this request.

Currently, we are unable to proceed with this request until we hear from you. If we do not hear from you within a reasonable time, this request will be considered closed.

Thank you.

[cid:image001.png@01DB54A7.400591A0]
Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
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Connect with TDH on Facebook<https://urldefense.com/v3/__https:/www.facebook.com/TNDeptofHealth__;!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aMRkiMuRw$> and Twitter<https://urldefense.com/v3/__https:/twitter.com/TNDeptofHealth?ref_src=twsrc*5Egoogle*7Ctwcamp*5Eserp*7Ctwgr*5Eauthor__;JSUlJSU!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aOC4Wvgqg$> @TNDeptofHealth!

Kent,

We anticipate providing you the responsive records by Monday, December 30. We appreciate your patience during the holiday week.

Thanks, Bill

[cid:image001.png@01DB5556.1104FE90]
Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://urldefense.com/v3/__https:/www.facebook.com/TNDeptofHealth__;!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aMRkiMuRw$> and Twitter<https://urldefense.com/v3/__https:/twitter.com/TNDeptofHealth?ref_src=twsrc*5Egoogle*7Ctwcamp*5Eserp*7Ctwgr*5Eauthor__;JSUlJSU!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aOC4Wvgqg$> @TNDeptofHealth!

Kent,

The attached requested records are provided free of charge. The employee's resume and application are redacted, pursuant to the Tennessee Public Records Act. See, Tenn. Code Ann. §10-7-504. This completes your public records request, for an employee's personnel records, made on October 15, 2024 and revised on December 5, 2024.

Please note, you may be charged for copies if you make a future public records request.

Thank you.

[cid:image001.png@01DB5A92.19F233B0]
Bill Christian | Associate Director
Office of Communication & Media Relations
Andrew Johnson Tower, 5th Floor
710 James Robertson Parkway, Nashville, TN 37243
p. 615-741-2308
Bill.Christian@tn.gov<mailto:Bill.Christian@tn.gov>
tn.gov/health<http://www.tn.gov/health>
Connect with TDH on Facebook<https://urldefense.com/v3/__https:/www.facebook.com/TNDeptofHealth__;!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aMRkiMuRw$> and Twitter<https://urldefense.com/v3/__https:/twitter.com/TNDeptofHealth?ref_src=twsrc*5Egoogle*7Ctwcamp*5Eserp*7Ctwgr*5Eauthor__;JSUlJSU!!PRtDf9A!o-qHA168eSBQpXTEMHcqRgpqgpv0HNRok6Mvxl6ZruBUUxD29rjfwrTCcCxZG96OPIZtnTfYq-pPuEU8zfk42aOC4Wvgqg$> @TNDeptofHealth!