EDC REcords Request

See Attached File!

In reply to your request Monday, October 1, 2018.

1) Regarding your specific request of a copy of Quickbooks Data file and password, it is the opinion of the Office of Open Records Council of the TN Comptroller of the Treasury the following:

The Tennessee Public Records Act (“TPRA”) does not require records custodians to
provide records in the manner requested by a citizen. Wells v. Wharton, No. W2005–00695–COA–R3–CV, 2005 WL
3309651, at *9 (Tenn.Ct.App. Dec. 7, 2005). When a governmental entity maintains records electronically, they should
make the records available electronically, but they are not required to provide the specific media upon which the
information is stored. Lance v. York, 359 S.W.3d 197, 203 (Tenn. Ct. App. 2011); See also Tenn. Code Ann. § 10-7-121(a)
(2). Accordingly, while a requestor may be entitled to the public information stored in QuickBooks, they are
not entitled to the original QuickBooks file and passwords.

The EDC Operations Committee provided you a hard copy of those files but will be glad to send you the pdf files electronically if you prefer.

Additionally, for your information and clarity in reference to the proceeds from the sale of the Explorer - the money was deposited into the Operations Account at the Bank of Frankewing on July 25 and then transferred to the Unrestricted Funds account at First National Bank on September 11, 2018.

As I believe has been standard procedure, once committee minutes are approved, the recording is deleted. Therefore, to the best of my knowledge there are no recordings that still exist in the EDC office for the August 20 and Sept 13 meetings.
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MY RESPONSE TO THEM:
After reviewing the legal citings you provided with an attorney, I believe your interpretation of my request is incorrect. I have not requested the "original" media in which the quickbooks file is stored. I have only requested a copy of the quickbooks file.
The "original" media would mean the hard drive that is used on a day to day basis. I certainly am not requesting you provide me the computer nor its original hard drive.

Your statement provided below clearly shows this;
"When a governmental entity maintains records electronically, they should
make the records available electronically, but they are not required to provide the specific media upon which the
information is stored. Lance v. York, 359 S.W.3d 197, 203 (Tenn. Ct. App. 2011); See also Tenn. Code Ann. § 10-7-121(a)
(2). Accordingly, while a requestor may be entitled to the public information stored in QuickBooks, they are
not entitled to the original QuickBooks file and passwords."

This is my third request for this information. After receiving your email last week I also requested the bank statements from the day Bethany Shockney was employed until Sept 30, 2018. I also have every intention of requesting these monthly.
The simplest thing to do, is to provide a copy of the Quickbooks file via email to me with password removed now and on a monthly basis.

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