public records lawsuits Tennessee Archives - Page 10 of 20 - 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 [...]

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 [...]

30 Jun, 2017

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

By Deborah Fisher|2018-08-06T08:50:37-05:00June 30, 2017|Categories: investigative exemption, public records lawsuits Tennessee|Tags: Deputy Attorney General Janet Kleinfelter, Gatlinburg fire, Knoxville News Sentinel, Sevier County District Attorney Jimmy Dunn, Sevier County Judge Jeff Rader, TEMA|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 [...]