Public Records Archives - Page 30 of 74 - Tennessee Coalition for Open Government

3 Aug, 2017

Sumner County School Board blames the Office of Open Records Counsel for bad advice

By Deborah Fisher|2018-11-16T15:13:59-06:00August 3, 2017|Categories: public records lawsuits Tennessee, Tennessee Coalition for Open Government|Tags: attorneys' fees, Elisha Hodge, Jim Fuqua, Ken Jakes, Office of Open Records Counsel, Sumner County School Board|0 Comments

The Sumner County Board of Education blames the Office of Open Records Counsel for bad advice that led it on a journey of spending almost $250,000 of taxpayer money to defend, then appeal, a public records lawsuit that it lost. From The Tennessean: "We are disappointed that the court decided that the board’s former policy did not comply with a 2008 version of Tennessee’s public records statute, especially because the Office of Open Records Counsel, which has the legal duty to interpret the act, informed the board that its policy was lawful and that its response to Mr. Jakes’ request was appropriate under the law," a statement reads. "The board [...]

3 Aug, 2017

Would Gatlinburg fire records be released if not for citizen, media pressure?

By Deborah Fisher|2017-08-07T12:38:44-05:00August 3, 2017|Categories: Public Records|Tags: Gatlinburg fire|0 Comments

After eight months of delay, officials with the city of Gatlinburg and Sevier County say they will release public records related to the November 2016 fire that killed 14 people. (Read story in Knoxville News Sentinel) It's worth contemplating whether they would be doing this if not for the continued pressure of citizens and the state's news media. Many of the Gatlinburg fire records requested are basic: Incident reports, E-911 call recordings and emergency radio traffic. Citizens still question why an evacuation wasn't ordered, or at least wasn't ordered until the fire was already burning down structures. And so far, the answers from officials just haven't seemed enough. Citizens deserve [...]

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 [...]

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 [...]

14 Jul, 2017

Appellate court reverses trial court, upholds attorney fee provision in public records case

By Deborah Fisher|2018-11-16T15:09:47-06:00July 14, 2017|Categories: public records lawsuits Tennessee|Tags: attorneys' fees, fees for public records, Giles County, Judge Arnold Goldin, Judge Brandon Gibson, Rickey Joe Taylor, Rickey Joe Taylor v. Town of Lynnville, Robert Dalton|1 Comment

The Court of Appeals on Thursday found a Lynnville city recorder was willful in denying a citizen access to inspect public records when she required an upfront $150, and remanded the case back to consider the award of the citizen's attorney fees. It is the third case in two years in which the appellate court has said that a wrongful denial of public records must be based on law or a good faith argument about the law to avoid the award of attorney fees. Court of Appeals Judge Arnold B. Goldin In the opinion delivered by Judge Arnold B. Goldin and joined by Judge J. Steve Stafford, the court reversed [...]