Frank G. Clement Jr. Archives - Tennessee Coalition for Open Government

19 Aug, 2019

Court of Appeals reins in state’s expansive use of investigative exemption

By Deborah Fisher|2019-08-19T20:25:15-05:00August 19, 2019|Categories: investigative exemption, public records lawsuits Tennessee|Tags: Court of Appeals, Frank G. Clement Jr., investigative exemption, Janet Kleinfelter, Judge D. Michael Swiney, Judge Richard Dinkins, Phil Williams, TCOG news|1 Comment

The Tennessee Court of Appeals in a ruling on Friday put much-needed limits around the so-called investigative exemption that has been used by the state to cloak otherwise public records. "We hold that public records created in the ordinary course of business, which are non-investigative in nature, and which are otherwise accessible by Tennessee citizens under the TPRA (Tennessee Public Records Act), do not subsequently become exempt from disclosure because of the initiation of a criminal investigation in which those records become relevant," the Court ruled in Scripps Media, Inc. v. Tennessee Department of Mental Health and Substance Abuse Services. Williams requested travel, other ordinary public records from state News [...]

2 Aug, 2017

Appellate court upholds ruling: Sumner County Schools violated public records law

By Deborah Fisher|2017-08-03T08:06:28-05:00August 2, 2017|Categories: public records lawsuits Tennessee|Tags: Frank G. Clement Jr., Judge Dee David Gay, Judge John W. McClarty, Judge Neal McBrayer, Ken Jakes, Office of Open Records Counsel, Sumner County School Board, TCOG news|1 Comment

The Court of Appeals has affirmed a Sumner County trial court's ruling that the denial of a public records request because it was sent by email violated the Tennessee Public Records Act. Sumner County Board of Education attorney Jim Fuqua. In March 2014, the Sumner County Board of Education denied Ken Jakes' request to see the board's public records policy, saying he had to make the request in person, or send it via U.S. Postal Service. Jakes sued, the Sumner County trial court found in his favor, and the school board voted to appeal the ruling. The school board's attorney, Jim Fuqua, testified that he was relying on [...]

5 Mar, 2015

TSSAA seeks carve-out from Tennessee Public Records Act

By Deborah Fisher|2020-02-23T10:10:43-06:00March 5, 2015|Categories: exemptions, functional equivalent, Legislature|Tags: Frank G. Clement Jr., functional equivalent, legislature, public records exemption, Southcomm, TSSAA|0 Comments

The Tennessee Secondary School Athletic Association is asking the Legislature on Tuesday to close records that in the past were used to expose possible cheating in recruiting high school athletes. It appears the people who regulate athletics for thousands of Tennessee youth want to be able to hide what they do and don’t do. The TSSAA, until last year, did not believe it was subject to the Tennessee Public Records Act. But a trial court and the Court of Appeals in Nashville courts affirmed that it is. Now a proposal in the Legislature, which is scheduled for the Senate State and Local Committee on Tuesday, seeks to statutorily relieve them [...]

11 Jun, 2014

Court of Appeals considers access to crime records in Tennessee
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Court of Appeals considers access to crime records in Tennessee

crime records, investigative exemption, public records lawsuits Tennessee

Court of Appeals considers access to crime records in Tennessee

By Deborah Fisher|2021-02-02T10:35:57-06:00June 11, 2014|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: Doug Pierce, Frank G. Clement Jr., Janet Kleinfelter, Maria De Varenne, Nashville, Richard Dinkins, Rick Hollow, Robb Harvey, Tennessee Association of Broadcasters, Tennessee Press Association, The Tennessean, Vanderbilt rape case, W. Neal McBrayer|0 Comments

By Deborah Fisher, TCOG Executive Director Spectators packed the courtroom June 9 for oral arguments in the appeal of the public records case, The Tennessean et al v. Metro Government of Nashville. The petition was brought by The Tennessean and a media coalition after it requested to see crime records collected by police concerning an alleged rape at Vanderbilt University, and were denied access. So many people filled the rows of the appellate court that it prompted Judge Frank G. Clement to make a light note that the court usually doesn’t draw such a crowd. But the room quickly grew serious as lawyers began their arguments and the three appellate judges [...]

7 May, 2014

Behind the TSSAA ruling: Preserving public oversight over government functions
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Behind the TSSAA ruling: Preserving public oversight over government functions

functional equivalent, public records lawsuits Tennessee

Behind the TSSAA ruling: Preserving public oversight over government functions

By Deborah Fisher|2020-02-23T10:11:33-06:00May 7, 2014|Categories: functional equivalent, public records lawsuits Tennessee|Tags: Claudia Bonnyman, Court of Appeals, Frank G. Clement Jr., functional equivalent, John Williams, litigation, non-government agencies, Southcomm, Steve Cavendish, The Commercial Appeal, TSSAA|1 Comment

An Appeals Court finds that regulating high school sports is a government function, so the regulator should be subject to open records law. Should the agency that regulates high school athletic competitions in Tennessee – making rules, conducting investigations, deciding eligibility and collecting millions of dollars in gate receipts – be subject to the same public scrutiny as public high schools and school boards? The Court of Appeals in Nashville said yes in a significant April 30 decision that opens up records of an organization that touches nearly every community in the state. The City Paper in Nashville two years ago sought records from the Tennessee Secondary School Athletic Association’s [...]

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