Employee Personnel File (Volunteer State Community College)

To Whom It May Concern:

Pursuant to the Tennessee Public Records Act, I hereby request the following records:

An electronic copy of basic employee information for the employee who initially processes this request. 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 the employee.

Please include government contact information (email, phone number, fax number, cubical/office assignment, mailing address, etc).

Please include the timeframe of the beginning of the hiring/selection process of the employee until the date the request is processed or 10/14/2024, whichever is later.

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

I'm also looking for the public records request log for October of 2024. If there are no requests in October 2024, I request the log for all of 2024 instead of only October.

I also request the employee's work schedule for the most recent full week at the time the request is processed or 10/14/2024, whichever is later.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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.

Sincerely,

Kent Hoover, a citizen of Tennessee, in coordination with a citizen.

To Whom It May Concern:

I wanted to follow up on the following Tennessee Public Records Act request, copied below, and originally submitted on Oct. 15, 2024. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

Thank you for your response to my public records request.

To clarify my request for "the employee who initially processed this request," I am seeking information about the specific individual(s) who began handling my request at first. This includes the person who initially received and reviewed the request, as well as any subsequent individuals who might have been involved in the processing of this request, including yourself.

Definitions:
- Employee: “a person employed for wages or salary, especially at nonexecutive level.” (Oxford Languages)
- Initially: “at the beginning : at first” (https://www.merriam-webster.com/dictionary/initially)
- Processes: “a series of actions or steps taken in order to achieve a particular end.” (Oxford Languages)

Please provide records related to all individuals involved in the initial processing of this request.

Please note that my public records request was submitted on October 15, 2024. As a reminder, Tennessee law mandates a timely response to public records requests. Specifically, T.C.A. § 10-7-503(a)(2)(B) requires a governmental entity to either provide the requested records, deny the request, or provide a reasonable timeline for production within seven business days.

Failure to comply with this statutory requirement may result in legal action. T.C.A. § 10-7-503(a)(3) and T.C.A. § 10-7-505(a) explicitly grant individuals the right to seek judicial relief in such circumstances.

I understand that some information may be exempt from disclosure under applicable laws. Please redact and provide any responsive records.

Please contact me immediately to confirm when the records will be available for inspection or receipt.

Thank you for your time and attention to this matter. I look forward to your prompt response.

This letter serves as a formal demand for access to public records in accordance with the Tennessee Public Records Act (T.C.A. § 10-7-503 et seq.). My initial request for these records was submitted on October 15, 2024, to Tim.Amyx@volstate.edu.

Since the initial request, I have made multiple attempts to follow up.

Despite these efforts, I have not received a response regarding the status of my request or the availability of the records. I am interpreting this as a denial of my request.

T.C.A. § 10-7-503(a)(2)(B) of the Tennessee Public Records Act requires a governmental entity to make requested public records available for inspection within seven (7) business days, deny the request in writing, or provide a reasonable timeline for production.

Failure to comply with the Tennessee Public Records Act constitutes a denial, and I reserve the right to pursue judicial review (T.C.A. § 10-7-503(a)(3) & § 10-7-505(a)). However, I would prefer to avoid this route.

Therefore, I demand a written response by the close of business on November 14, 2024. This response should clearly state one of the following:

1. The responsive records are included.
2. The request is denied, with a detailed explanation of the reason for denial based on exemptions outlined in the Tennessee Public Records Act.
3. A specific timeframe (time and date) for production of the records, if additional time is necessary.

Please be advised that if I do not receive a satisfactory response by the deadline, I will be forced to reconsider my decision to forgo judicial review.

Thank you for your prompt and immediate attention to this matter.

The TPRA requires a specific date be given on when the records will be made available.

As required by T.C.A. § 10-7-503(a)(2)(B), please provide a specific timeframe (time and date) for production of the records. If this is not provided, I intend to obtain a judicial review (as authorized by T.C.A. § 10-7-503(a)(3) & § 10-7-505(a)).

Good evening,

Is this a denial of my request?

Thank you for your email.

MuckRock is an online service that helps citizens in filing requests. The service uses the contact information on file unless and until that contact information is changed in the backend. A requester cannot change the email address on their own. It was not our intention to file the request with the incorrect employee, so it is correct that "...[we do not] want the entire personnel file...for the employee to whom [the request was originally submitted to]." We are not interested in the file of the individual who initially received the request, as we believe they did not process it. Nonetheless, an employee is still responsible for forwarding all requests to the College's public records request coordinator.

Furthermore, TN Citizens frequently assist others, including fellow TN Citizens, in submitting requests for public records. In this instance, Kent Hoover is filing this request. It's important to note that Tennessee law allows such proxy submissions. Agencies are permitted to communicate with the proxy submitter as if they are the requester themselves (because legally they are). Consequently, public agencies may encounter multiple requests that appear connected, even if they originate from different organizations or individuals.

I can assure you that I am still genuinely interested in the personnel file for the person(s) who *processed* the request. The request does not limit the records to one person's file, but in this case, only one individual has been processing the request (to our knowledge): Emily C. Short.

Does this help you understand this request better?

Please let us know if you have any additional questions. We are happy to help clarify anything. We are also willing to help reduce the scope of the request if the current request is deemed unduly burdensome.

Thank you!