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23 Feb, 2020

Lawsuit by Scoop Media Group challenges redaction of victim names

By |2021-01-11T16:55:23-06:00February 23, 2020|Categories: public records lawsuits Tennessee|Tags: , , , , , |0 Comments

Update: Scoop Media won its public records case in August 2020. Montgomery County Chancellor Laurence M. McMillan ruled that T.C.A. § 4-38-111(i) does not make confidential the names and address of alleged victims of criminal conduct found in warrants and affidavits of complaints, but rather applies to identifying information about a victim obtained when the person requests notifications regarding the status of criminal proceedings. He ordered Montgomery County to stop redacting the information. However, he denied attorney's fees to Scoop Media because the Office of Open Records Counsel had advised Montgomery County that the confidentiality provision would "probably apply to domestic violence situations where an officer responds to a scene" [...]

23 Feb, 2020

Bill would require government entities to put meeting agendas online

By |2023-04-11T10:57:55-05:00February 23, 2020|Categories: Public Records, Tennessee Coalition for Open Government|Tags: , , , , , |1 Comment

State Rep. William Lamberth, R-Portland, and state Sen. Mike Bell, R-Riceville, are pushing a bill that would require government entities to post meeting agendas on their websites, as well as other basic government information. House Bill 2132 and Senate Bill 2756 would make it easier and faster for the public to get and review agendas for upcoming meetings. State Rep. William Lamberth, R-Portland, (left) and State Sen. Mike Bell, R-Riceville, (right) have proposed legislation that would require government entities with a website to include meeting agendas and other basic government information on the website. The bill requires a government entity with a website to post its meetings agendas on the [...]

23 Feb, 2020

Harassment bill fails on 5-4 vote

By |2020-02-23T16:38:31-06:00February 23, 2020|Categories: requests, Tennessee Coalition for Open Government|Tags: , , , , |0 Comments

A bill that would allow a government entity to petition a court for an injunction against someone who was using the public records process to harass government employees failed in a Senate committee last week. Sen. Ferrell Haile, R- Gallatin. The harassment bill, sponsored by Sen. Ferrell Haile, R-Gallatin, arose last year after reports of a man who city officials in Gallatin and others believe is abusing the process and wasting government time through multiple and voluminous requests with seemingly no purpose. Haile amended the bill, working with stakeholders including Tennessee Coalition for Open Government, which eventually supported the amended version of the bill. Haile characterized the bill as an [...]

23 Feb, 2020

Settlement requires Memphis Shelby Crime Commission to produce records

By |2020-02-23T10:33:24-06:00February 23, 2020|Categories: functional equivalent, public records lawsuits Tennessee|Tags: , , , |0 Comments

The Memphis Shelby Crime Commission has released records about its funding of the Memphis Police Department a year after a public records lawsuit. Wendi Thomas, founder of MLK50: Justice Through Journalism, sued the Memphis Shelby Crime Commission over access to its records. Wendi Thomas, founder of MLK50: Justice Through Journalism, and The Marshall Project argued that the crime commission was the "functional equivalent" of government because of its significant role in funding police and directing public safety policy in Memphis. Under Tennessee's "functional equivalent doctrine," a government entity cannot avoid disclosure under the state's Public Records Act by delegating its responsibilities to a private entity. Tennessee courts have used the [...]

3 Feb, 2020

Hamilton County’s destruction of public records should set off fire alarms

By |2020-06-05T14:19:19-05:00February 3, 2020|Categories: Public Records, records management|Tags: , , , , , , , , |1 Comment

Hamilton County Attorney Rheubin Taylor refused to allow inspection of its responses to public records requests without the Times Free Press paying more than $700. His office later got permission to destroy the records being requested by the newspaper, even as the newspaper continued to press to see them. Hamilton County government has found a new way to prevent access to public records: get rid of them. It’s not really new. It’s the oldest trick in the book. In late July last year, a reporter with the Chattanooga Times Free Press became concerned that the county government was not following state law in its responses to public records requests. So [...]

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