Public Records

2 Aug, 2017

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

By |2017-08-03T08:06:28-05:00August 2, 2017|Categories: public records lawsuits Tennessee|Tags: , , , , , , , |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 |2020-02-23T10:10:18-06:00July 28, 2017|Categories: functional equivalent, public records lawsuits Tennessee|Tags: , , , , , , , , , , , |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 |2018-11-16T15:09:47-06:00July 14, 2017|Categories: public records lawsuits Tennessee|Tags: , , , , , , , |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 [...]

3 Jul, 2017

Are Tennessee voter registration records public?

By |2017-07-05T17:51:43-05:00July 3, 2017|Categories: Public Records|Tags: , , , |0 Comments

Update, 7-5-2017: I asked the Secretary of State's Office about what voter registration records were available under the Tennessee Public Records Act from the state. They responded today to say that county election commissions are the custodians of permanent voter registration records, which are open for public inspection as per T.C.A. 2-2-127. The state does have a central list of voter registration records that reflects the data that has been transferred to it by each county. However, the Secretary of State's Office said that any list generated from this data would be governed by the statute T.C.A. 2-2-138 (e) that requires anyone requesting such a list from the state to certify [...]

30 Jun, 2017

7-month quest for Gatlinburg fire records reflects poorly on state transparency

By |2018-08-06T08:50:37-05:00June 30, 2017|Categories: investigative exemption, public records lawsuits Tennessee|Tags: , , , , , |4 Comments

The November 2016 Gatlinburg fire killed 14 people and cost millions of dollars in damages. It was one of Tennessee’s worst disasters. A central question remains: Why did state and local officials wait so long to order an evacuation, until after the fire had already swept into residential areas? Some who lived through last-minute escapes have told news reporters that they had called 911 and were instructed it was safe to stay put. The answer to the evacuation question, and many others, could lay in the communication records and other post-fire reports held by state and local officials. But almost as soon as news organizations and citizens started requesting to [...]

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