A bill that would create a three-state interstate compact agency with eminent domain powers for economic development in the Memphis region may not be subject to Tennessee's public records or open meetings laws, according to an expert in the state's Office of Open Records Counsel.
A Davidson County judge ruled Monday that the Tennessee School Boards Association is subject to the state public records law because it is a functional equivalent of a government agency. Chancellor Patricia Head Moskal ruled that the Tennessee School Boards Association is subject to the public records law as a functional equivalent of a government agency. "As a functional equivalent of a governmental agency, the public records in the possession of TSBA, including its training materials, communications regarding its legislative agendas, and its position statements on stated education law and funding, are public records subject to he provisions of the TPRA," Chancellor Patricia Head Moskal wrote in her ruling. (See [...]
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 [...]
A Williamson County mother, represented by the Beacon Center of Tennessee, has filed a public records lawsuit against the Tennessee School Boards Association after being denied access to the association's records. The lawsuit, Marren v. Tennessee School Boards Association, claims that the association is the "functional equivalent" of a government entity under the functional equivalent doctrine established by the Tennessee Supreme Court, and thus its records are subject to the Public Records Act. The school board association, in denying public records requests from Karrie Marren, claimed it was "a private, nonprofit organization" and was not subject to the Tennessee Public Records Act. Marren had requested: TSBA's training materials for school [...]
In a win for a group of citizens in East Tennessee, the Court of Appeals in Knoxville ruled this week that a nonprofit economic development organization in Jefferson County is subject to the state's public records and open meetings laws. The court held in Oliver Wood et al. v. Jefferson County Economic Development Oversight Committee, Inc., that the nonprofit organization, which has received between 60 percent to 68 percent of its budget from local governments each year, is the functional equivalent of a government entity and subject to the Tennessee Public Records Act. The court also ruled that because EDOC has a significant role in making decisions and recommendations to local government [...]