public records lawsuits Tennessee

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 [...]

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 [...]

27 Jun, 2017

Judge rules Fall Creek Falls privatization records should be released

By |2020-05-09T13:21:01-05:00June 27, 2017|Categories: exemptions, public records lawsuits Tennessee|Tags: , , , , , , , , |0 Comments

In a win for government transparency, Davidson County Chancellor Bill Young ruled today that government records requested by the Nashville Scene regarding the privatization of Fall Creek Falls State Park should be released and are not covered by an exemption in the Tennessee Public Records Act. Davidson County Chancellor Bill Young Under the exemption, proposals for professional services and related records are open for public inspection only after the state has finished evaluating the proposals. However, in this case, no proposals were received by the state’s May 1 deadline from businesses who wanted to operate the state park. The state argued that this meant any government records related [...]

12 Dec, 2016

Hendersonville Standard: Legal bills climb to $238K in Sumner Schools public records case

By |2016-12-12T12:09:12-06:00December 12, 2016|Categories: public records lawsuits Tennessee, requests|Tags: , , , , |0 Comments

The Hendersonville Standard recently reported that Sumner County School Board had another $125,237 in legal bills after voting to appeal a public records ruling, bringing the total cost of the case to more than $238,000. The case stemmed from a lawsuit brought by Joelton resident Ken Jakes who requested to see the school district's public records policy. He made the request by email and a followup phone call. The school district denied the request, saying their policy dictated he must make the request in person or through letter delivered by the U.S. Postal Service. From left: Citizen Ken Jakes and Sumner Schools attorneys Todd Presnell and Jim Fuqua listen [...]

26 Oct, 2016

TCOG files amicus brief in Sumner County case over emailed public records request

By |2016-10-28T08:03:53-05:00October 26, 2016|Categories: public records lawsuits Tennessee, requests, Tennessee Coalition for Open Government|Tags: , , , , , , |1 Comment

The Tennessee Coalition for Open Government has filed an amicus curiae brief with the Court of Appeals in Nashville in a case in which the Sumner County Board of Education argues that government entities do not have to accept a public records request sent by email. The case stems from a public records request made by citizen Kenneth Jakes in March 2014 to inspect the Sumner County Board of Education's public records policy. The school district denied the request, saying the method in which Jakes made the request -- by email and a followup phone call -- did not meet their requirements. Jakes was told he had to mail the request through the U.S. [...]

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