Writer’s Direct Dial No.

(901) 524-5132
E-mail address: mmccarroll@bpjlaw.com

August 7, 2023

VIA ELECTRONIC MAIL & U.S. MAIL

Kevin A. Snider, Esq.
Snider & Horner, PLLC
9056 Stone Walk Place, #200
Germantown, Tennessee 38138

Re: City of Germantown Public Record Request No. 2023-38

Dear Mr. Snider:

I serve as the City Attorney for the City of Germantown (“City”). The City was made
aware earlier today by the Daily Memphian that you had filed a lawsuit against the City
regarding a Tennessee Public Records Act (“TPRA”) request that you submitted on July 27,
2023. The Daily Memphian has since published a corresponding story.

While the City has not yet been served, I have reviewed the chancery court website and
see that you did indeed file a lawsuit today against the City wherein you allege, inter alia, that
the City: violated the TPRA by failing to timely respond to your request; knowingly and
willfully violated the TPRA; and denied you access to the requested records.

As an initial matter, the Office of Public Records Counsel (“OPRC”) has been very clear
that, for purposes of calculating the seven (7) day period within which government entities must
respond to a TPRA request pursuant to Tenn. Code Ann. § 10-7-503(a)(2)(B), the day on which
the request is received is excluded, as are any weekend days and holidays. See attached OPRC
opinion dated March 25, 2009. Accordingly, since your TPRA request was received by the City
on July 27, July 28 was day 1 and August 7, today, is day 7. Your petition incorrectly alleges
that the City’s response was due on Friday, August 4, 2023 and characterizes the City’s August
7, 2023 response as untimely and therefore a denial of your request. (Strangely, paragraph 7 of
your petition acknowledges that “seven business days from the request” is the appropriate
timeline.) The City’s response was most certainly timely for TPRA purposes.

Further, your July 27 TPRA request is exceedingly broad in seeking to “inspect and/or
photocopy and/or obtain in electronic form any and all records and photographs pertaining to this
incident.” The content of the City’s timely response – specifying that additional time to respond
to the TPRA request, through September 5, was needed – was entirely appropriate and indeed
specifically authorized under Tenn. Code Ann. § 10-7-503(a)(2)(B)(iii).

The City will make the responsive documents that it has available for inspection on a
rolling basis. The initial set of documents should be available for inspection by the end of the
Kevin A. Snider, Esq.
August 7, 2023
Page 2

week. The City will advise you once those are available, in addition to providing instructions on
how you can reserve the public computer in City Hall to review said public documents.

Finally, we note that your lawsuit filed today seeks an award of costs and attorney fees
against the City for allegedly knowingly and willfully violating the TPRA. The City has not
violated the TPRA at all, much less knowingly and willfully. Given these circumstances, the
City demands that you promptly dismiss the lawsuit filed earlier today. Otherwise, the City will
seek an award of attorney fees and expenses for having to defend this baseless lawsuit.

Sincerely,

BURCH, PORTER & JOHNSON, PLLC

John R. McCarroll, III

Germantown City Attorney

Enclosure
cc: Jason Huisman, City Administrator
Lisa A. Krupicka, Esq.
Michele Betty, City Clerk
Ms. Abigail Warren, Daily Memphian