Public Records

16 Oct, 2017

Delaying access to public records violates law, appeals court rules

By |2020-04-09T09:09:02-05:00October 16, 2017|Categories: public records lawsuits Tennessee|Tags: , , , , , , , |1 Comment

Government entities cannot ignore the requirement in the Tennessee Public Records Act to provide access to records promptly and still be in compliance with the law, according to an appellate court ruling last week in Jetmore v. Metropolitan Government of Nashville and Davidson County. Court of Appeals Judge Andy Bennett In the opinion delivered by Judge Andy D. Bennett, the court upheld a trial court's finding against the Metro Nashville Police Department, which had limited the number of traffic accident reports it would provide a requester to three a day. The appellate court also upheld the award of attorney's fees to the requester who brought the lawsuit, saying [...]

11 Oct, 2017

Resource: The state law that gives citizens the right to make photographs of public records

By |2017-10-11T08:36:01-05:00October 11, 2017|Categories: Public Records|Tags: |1 Comment

I often get questions from citizens about whether a government entity can prohibit them from taking a picture of a public record. Often the person just wants to use their cell phone instead of copying down into their notebook, word for word, what is in the government document. Sometimes the law gets ignored or flouted. So I've copied and pasted the law here about making photographs of public records. You may need to print it out and give it to the custodian to help educate them. Remember, the law trumps a local policy or practice. T.C.A. 10-7-506 (a) In all cases where any person has the right to inspect any [...]

5 Oct, 2017

Memphis mayor proposes new open data policy

By |2017-10-05T10:53:43-05:00October 5, 2017|Categories: open data|Tags: , , |0 Comments

Memphis Mayor Jim Strickland says he wants "to take our transparency to a new level" with a new open data policy. Through the end of October, the mayor's office is asking for feedback on the draft policy. Here is an excerpt: CITY OF MEMPHIS OPEN DATA POLICY Jim Strickland, mayor of Memphis I. Purpose The City of Memphis is committed to expanding the data it makes available to the public and providing the tools for understanding and interpretation of the data. To realize this commitment, this Open Data Policy sets forth the principles for the Memphis Open Data Program and establishes the Data Governance Committee. The Data Governance [...]

4 Oct, 2017

TCOG urges Office of Open Records Counsel to update guidance on taking photos of public records

By |2017-10-04T07:18:04-05:00October 4, 2017|Categories: Office of Open Records Counsel, Public Records, Tennessee Coalition for Open Government|Tags: , , , , |0 Comments

Tennessee Coalition for Open Government has urged the Office of Open Records Counsel to update its Model Public Records Policy and take quick action to stem a growing problem of government entities who are preventing citizens from taking photos of government records. See a copy of the TCOG's letter here: Taking photos of public records - Letter to Office of Open Records Counsel, 10-3-17. The letter was sent to Open Records Counsel Lee Pope from Adam Yeomans, who is vice president of TCOG's board of directors and its representative on the Advisory Committee on Open Government. The advisory committee is a 14-member group appointed by the Comptroller that provides advice to [...]

29 Sep, 2017

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

By |2020-02-23T10:09:55-06:00September 29, 2017|Categories: economic development, functional equivalent, open meetings lawsuits, public records lawsuits Tennessee|Tags: , , , , , , , |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 [...]

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