functional equivalent Archives - Tennessee Coalition for Open Government

7 Jul, 2020

Judge rules Tennessee School Boards Association is ‘functional equivalent’

By Deborah Fisher|2020-07-07T14:29:48-05:00July 7, 2020|Categories: functional equivalent, public records lawsuits Tennessee|Tags: Beacon Center of Tennessee, functional equivalent, Tennessee School Boards Association|0 Comments

A Davidson County judge ruled Monday that the Tennessee School Boards Association is subject to the state public records law because it is a functional equivalent of a government agency. Chancellor Patricia Head Moskal ruled that the Tennessee School Boards Association is subject to the public records law as a functional equivalent of a government agency. "As a functional equivalent of a governmental agency, the public records in the possession of TSBA, including its training materials, communications regarding its legislative agendas, and its position statements on stated education law and funding, are public records subject to he provisions of the TPRA," Chancellor Patricia Head Moskal wrote in her ruling. (See [...]

23 Feb, 2020

Settlement requires Memphis Shelby Crime Commission to produce records

By Deborah Fisher|2020-02-23T10:33:24-06:00February 23, 2020|Categories: functional equivalent, public records lawsuits Tennessee|Tags: functional equivalent, MLK50, Reporters Committee for Freedom of the Press, The Marshall Project|0 Comments

The Memphis Shelby Crime Commission has released records about its funding of the Memphis Police Department a year after a public records lawsuit. Wendi Thomas, founder of MLK50: Justice Through Journalism, sued the Memphis Shelby Crime Commission over access to its records. Wendi Thomas, founder of MLK50: Justice Through Journalism, and The Marshall Project argued that the crime commission was the "functional equivalent" of government because of its significant role in funding police and directing public safety policy in Memphis. Under Tennessee's "functional equivalent doctrine," a government entity cannot avoid disclosure under the state's Public Records Act by delegating its responsibilities to a private entity. Tennessee courts have used the [...]

19 Dec, 2019

Williamson County mother files public records suit against Tennessee School Boards Association

By Deborah Fisher|2020-02-23T10:12:43-06:00December 19, 2019|Categories: functional equivalent, public records lawsuits Tennessee|Tags: Beacon Center, functional equivalent, Tennessee School Boards Association|0 Comments

A Williamson County mother, represented by the Beacon Center of Tennessee, has filed a public records lawsuit against the Tennessee School Boards Association after being denied access to the association's records. The lawsuit, Marren v. Tennessee School Boards Association, claims that the association is the "functional equivalent" of a government entity under the functional equivalent doctrine established by the Tennessee Supreme Court, and thus its records are subject to the Public Records Act. The school board association, in denying public records requests from Karrie Marren, claimed it was "a private, nonprofit organization" and was not subject to the Tennessee Public Records Act. Marren had requested: TSBA's training materials for school [...]

29 Sep, 2017

Appeals court rules economic development organization subject to public records, open meetings law

By Deborah Fisher|2020-02-23T10:09:55-06:00September 29, 2017|Categories: economic development, functional equivalent, open meetings lawsuits, public records lawsuits Tennessee|Tags: Dandridge, economic development records, functional equivalent, Jefferson County, Judge Charles Susano Jr., Judge D. Michael Swiney, Judge Steven Stafford, public records lawsuit|0 Comments

In a win for a group of citizens in East Tennessee, the Court of Appeals in Knoxville ruled this week that a nonprofit economic development organization in Jefferson County is subject to the state's public records and open meetings laws. The court held in Oliver Wood et al. v. Jefferson County Economic Development Oversight Committee, Inc., that the nonprofit organization, which has received between 60 percent to 68 percent of its budget from local governments each year, is the functional equivalent of a government entity and subject to the Tennessee Public Records Act. The court also ruled that because EDOC has a significant role in making decisions and recommendations to local government [...]

28 Jul, 2017

Appeals Court: Records in Memphis police chief search not public

By Deborah Fisher|2020-02-23T10:10:18-06:00July 28, 2017|Categories: functional equivalent, public records lawsuits Tennessee|Tags: Chancellor Walter Evans, functional equivalent, International Association of Chiefs of Police, Judge Arnold Goldin, Judge Kenny Armstrong, Judge Richard Dinkins, Memphis, Memphis Publishing Co. v. Cherokee, Memphis Publishing Co. v. City of Memphis, Mike Rallings, police chief applications, The Commercial Appeal|0 Comments

The Court of Appeals ruled this week that applications sent to a police association charged with interviewing and identifying finalists for a new Memphis police chief last year do not have to be released under the state's public records law. The International Association of Chiefs of Police was contracted by the city of Memphis for $40,000 to conduct a search for a new director of police, identify and interview semifinalists and "recommend a group (approximately six) of the most highly qualified candidates for further on-site evaluation." Last summer, a reporter with The Commercial Appeal requested to see all applications, noting he was "primarily interested in the finalists," but the city [...]