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24 Jun, 2019

Can a county commission require people recording meetings to stay in the back of the room?

By |2019-06-25T08:57:57-05:00June 24, 2019|Categories: Open Meetings|Tags: , , , |0 Comments

A recent policy adopted by the Hamblen County Commission stretches and may exceed the boundaries of a governing body’s authority in Tennessee to limit the ability of citizens to make video recordings of their meetings. In May, the Hamblen County Commission voted to adopt a policy requiring that anyone using “cameras, video equipment, and other recording devices” be restricted to the rear of the meeting room. “This will ensure that any recording devices and their operators will not interfere with the conduct of the meeting or hamper the ability of the audience to observe and participate in the meeting,” the change read. The policy was aimed at Linda Noe, a [...]

13 Jun, 2019

Is it adequate notice if key details are omitted – like a vote on eliminating the police department?

By |2019-06-14T16:51:06-05:00June 13, 2019|Categories: adequate public notice|Tags: , |1 Comment

More than 22 year ago, a group of citizens in Englewood filed a lawsuit against their city, alleging that their Board of Commissioners did not provide adequate notice of a meeting in which it selected a route for a highway expansion project. The case reached the Court of Appeals, which established a three-pronged test still relied upon today when considering if a public notice of a special-called meeting is adequate under the requirements of the Tennessee Open Meetings Act. It’s a test that came to mind recently when some citizens in Ridgetop in Robertson County complained that their board of mayor and aldermen did not give adequate notice of a [...]

22 May, 2019

2019 Legislative Report: New exemptions to Public Records Act, and bills that failed or were delayed

By |2021-10-14T14:32:58-05:00May 22, 2019|Categories: economic development, exemptions, Legislature, Public Records|Tags: , , , , , , , , , , , , , , , , |0 Comments

Following is a list of new public records exemptions and other public record laws passed by the 111th General Assembly, plus some proposals that failed or were delayed until next year. TCOG 2019 Legislative Report (If you would like to print this, here is the legislative report in PDF format without photos.) The new exemptions add to a list that is nearing 600. Citizens can expect some bills related to public records to re-emerge when the Legislature reconvenes Jan. 14, 2020. One of the more significant bills that was delayed, but attracted a lot of attention late in the session, would create a process for an injunction against a public [...]

18 May, 2019

Hamilton County School Board, Tennessee Risk Management Trust miss point on confidentiality agreement

By |2019-05-19T10:07:30-05:00May 18, 2019|Categories: Public Records, schools|Tags: , , , , |0 Comments

The Hamilton County School Board's attorney on Wednesday finally revealed to school board members the settlement payout amount of $750,000 to a student sexually assaulted during a basketball tournament trip. Board attorney Scott Bennett has indicated that this amount was previously confidential because its insurer had entered into a confidentiality agreement with the student and his family. There is still another student with whom the school board's insurer reached a settlement payout. Bennett has not released that amount. The explanation is that the settlement is under seal in federal court. The Tennessee Attorney General and the Office of Open Records Counsel have both weighed in on the matter — and [...]

8 May, 2019

Tennessee Tech Trustees say students IDs not sufficient for public records requests

By |2019-05-08T07:49:14-05:00May 8, 2019|Categories: requests|Tags: , , |0 Comments

Tennessee Tech trustees rejected a request from journalism students to use their student identification card to prove they lived in Tennessee for purposes of making a public records request. However, trustees refused to change their policy, but said they would allow out-of-state students without a Tennessee driver's license to show a utility bill, such as from their dorm or apartment, to prove their Tennessee residency. The students had gathered a petition with 150 signatures from students and faculty to change the policy after out-of-state students who worked for the student newspaper were denied access to public records. From left: Chairman Tom Jones, Trustee Johnny Stites, Tennessee Tech University President Phil [...]

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