Lawmakers handed open government some wins and losses during the session that ended Thursday. Among the wins was a bill by state Rep. Susan Lynn to add muscle to the Sunshine Law by allowing recovery of attorney fees and reasonable costs when a citizen prevails in an open meetings lawsuit.
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 [...]
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 [...]
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 [...]
Senior Judge Robert E. Lee Davies ordered Metro Nashville to pay nearly $57K in attorneys fees to a public records requester, saying that the city "misinterpreted and ignored the 'promptness' requirement" in the Tennessee Public Records Act. Davies found the city was willful in not complying with the law, a requirement for awarding attorneys fees in a public records lawsuit. Senior Judge Robert E. Lee Davies orders Metro Nashville to pay attorneys fees in public records case that challenged the city's delay in releasing records. Plaintiff Bradley Jetmore filed a lawsuit against the city, claiming Metro Nashville's police department records division had begun delaying release of traffic reports after about [...]
