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19 Oct, 2017

League of Women Voters of Tennessee asks Open Records Counsel to allow common sense use of everyday technology

By |2017-12-06T08:08:11-06:00October 19, 2017|Categories: Public Records|Tags: , |1 Comment

The League of Women Voters of Tennessee has submitted a letter to Open Records Counsel Lee Pope, saying it was dismayed by the Office's interpretation of the state's public records laws that is encouraging governments to ban the use of cell phones to make copies of public records. The League, which has a seat on the Advisory Committee on Open Government that was set up to advise the Open Records Counsel, has chapters throughout the state. The letter was written by its president, Marian Ott. The Oct. 13. letter: RE: Policy Banning Photos of Public Records Dear Mr. Pope, The League of Women Voters of Tennessee was dismayed by your [...]

19 Oct, 2017

Tennessee Press Association calls on Open Records Counsel to ease ban on taking photos of public records

By |2017-10-19T16:45:02-05:00October 19, 2017|Categories: Office of Open Records Counsel, Public Records|Tags: , , , , |0 Comments

The Tennessee Press Association, writing on behalf of its 125 member newspapers, has requested that the Office of Open Records Counsel update its Model Public Records Policy to reflect that government entities "cannot ban carte blanche the taking of pictures of public records by cell phone cameras." Lee Pope, the state's new Open Records Counsel. The office, which was created by the Legislature in 2008 to provide educational outreach on the public records laws, included in its Model Public Records Policy this model language, with a choice for government entities: A requestor will [not] be allowed to make copies of records with personal equipment. [Indicate under what circumstances, [...]

16 Oct, 2017

Delaying access to public records violates law, appeals court rules

By |2020-04-09T09:09:02-05:00October 16, 2017|Categories: public records lawsuits Tennessee|Tags: , , , , , , , |1 Comment

Government entities cannot ignore the requirement in the Tennessee Public Records Act to provide access to records promptly and still be in compliance with the law, according to an appellate court ruling last week in Jetmore v. Metropolitan Government of Nashville and Davidson County. Court of Appeals Judge Andy Bennett In the opinion delivered by Judge Andy D. Bennett, the court upheld a trial court's finding against the Metro Nashville Police Department, which had limited the number of traffic accident reports it would provide a requester to three a day. The appellate court also upheld the award of attorney's fees to the requester who brought the lawsuit, saying [...]

11 Oct, 2017

Resource: The state law that gives citizens the right to make photographs of public records

By |2017-10-11T08:36:01-05:00October 11, 2017|Categories: Public Records|Tags: |1 Comment

I often get questions from citizens about whether a government entity can prohibit them from taking a picture of a public record. Often the person just wants to use their cell phone instead of copying down into their notebook, word for word, what is in the government document. Sometimes the law gets ignored or flouted. So I've copied and pasted the law here about making photographs of public records. You may need to print it out and give it to the custodian to help educate them. Remember, the law trumps a local policy or practice. T.C.A. 10-7-506 (a) In all cases where any person has the right to inspect any [...]

10 Oct, 2017

State museum board rescinds controversial “code of conduct” policy

By |2017-10-10T09:44:54-05:00October 10, 2017|Categories: Legislature|Tags: , , , , , |0 Comments

The Douglas Henry State Museum Commission has rescinded a controversial code of conduct policy that had required board members to notify the commission before they talked to the media and threatened ouster of board members who didn't follow the rules. State Sen. Mike Bell, R-Riceville The code of conduct policy came under fierce criticism by lawmakers at a Joint Government Operations Committee meeting in August. Several were appalled at the restrictive speech policy and one said it appeared to be an attempt to silence museum board member and former Knoxville mayor Victor Ashe. The code of conduct policy prohibited board members from saying anything that would "disparage" the [...]

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