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28 Jul, 2017

Appeals Court: Records in Memphis police chief search not public

By Deborah Fisher|2020-02-23T10:10:18-06:00July 28, 2017|Categories: functional equivalent, public records lawsuits Tennessee|Tags: Chancellor Walter Evans, functional equivalent, International Association of Chiefs of Police, Judge Arnold Goldin, Judge Kenny Armstrong, Judge Richard Dinkins, Memphis, Memphis Publishing Co. v. Cherokee, Memphis Publishing Co. v. City of Memphis, Mike Rallings, police chief applications, The Commercial Appeal|0 Comments

The Court of Appeals ruled this week that applications sent to a police association charged with interviewing and identifying finalists for a new Memphis police chief last year do not have to be released under the state's public records law. The International Association of Chiefs of Police was contracted by the city of Memphis for $40,000 to conduct a search for a new director of police, identify and interview semifinalists and "recommend a group (approximately six) of the most highly qualified candidates for further on-site evaluation." Last summer, a reporter with The Commercial Appeal requested to see all applications, noting he was "primarily interested in the finalists," but the city [...]

21 Apr, 2017

No tax-supported entity should get secrecy in spending

By Deborah Fisher|2017-04-24T17:28:29-05:00April 21, 2017|Categories: Tennessee Coalition for Open Government|Tags: Chattanooga, convention and visitors bureau, functional equivalent, Hamilton County Commission, hotel/motel sales tax, private entities, Tim Boyd|0 Comments

A shadowy situation has emerged in Chattanooga with an organization that manages millions of taxpayer dollars with no transparency and such a surprising disregard for accountability that one wonders what it would take to wake up elected officials who are supposedly in charge. Welcome to the Chattanooga Area Convention and Visitors Bureau, whose lawyer threatened to sue the county after a commissioner dared to shed a little sunlight on how it spends tax dollars. The Chattanooga CVB is on track to get $7.8 million in hotel/motel tax this year via a pass-through arrangement with the Hamilton County government. The Chattanooga CVB gets almost all of its funds from [...]

5 Mar, 2015

TSSAA seeks carve-out from Tennessee Public Records Act

By Deborah Fisher|2020-02-23T10:10:43-06:00March 5, 2015|Categories: exemptions, functional equivalent, Legislature|Tags: Frank G. Clement Jr., functional equivalent, legislature, public records exemption, Southcomm, TSSAA|0 Comments

The Tennessee Secondary School Athletic Association is asking the Legislature on Tuesday to close records that in the past were used to expose possible cheating in recruiting high school athletes. It appears the people who regulate athletics for thousands of Tennessee youth want to be able to hide what they do and don’t do. The TSSAA, until last year, did not believe it was subject to the Tennessee Public Records Act. But a trial court and the Court of Appeals in Nashville courts affirmed that it is. Now a proposal in the Legislature, which is scheduled for the Senate State and Local Committee on Tuesday, seeks to statutorily relieve them [...]

1 Dec, 2014

After three years and a lawsuit, records from TSSAA finally made public

By Deborah Fisher|2020-02-23T10:11:13-06:00December 1, 2014|Categories: functional equivalent, public records lawsuits Tennessee|Tags: functional equivalent, Nashville Scene, Southcomm, Steve Cavendish, TSSAA|0 Comments

The Nashville Scene finally received records sought three years ago from the Tennessee Secondary School Athletics Association as part of an investigation into rule-breaking by an elite private school in Nashville. When the TSSAA refused to turn over details about rule violations regarding tuition assistance for athletes at Montgomery Bell Academy, the now-defunct City Paper in Nashville sued and won. City Paper was owned by Southcomm Inc.; Southcomm also owns the Nashville Scene. Steve Cavendish, now news editor for the Nashville Scene and former editor at the City Paper, wrote that the TSSAA finally turned over the records in November after the Tennessee Supreme Court declined to take the TSSAA's appeal [...]

7 May, 2014

Behind the TSSAA ruling: Preserving public oversight over government functions
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Behind the TSSAA ruling: Preserving public oversight over government functions

functional equivalent, public records lawsuits Tennessee

Behind the TSSAA ruling: Preserving public oversight over government functions

By Deborah Fisher|2020-02-23T10:11:33-06:00May 7, 2014|Categories: functional equivalent, public records lawsuits Tennessee|Tags: Claudia Bonnyman, Court of Appeals, Frank G. Clement Jr., functional equivalent, John Williams, litigation, non-government agencies, Southcomm, Steve Cavendish, The Commercial Appeal, TSSAA|1 Comment

An Appeals Court finds that regulating high school sports is a government function, so the regulator should be subject to open records law. Should the agency that regulates high school athletic competitions in Tennessee – making rules, conducting investigations, deciding eligibility and collecting millions of dollars in gate receipts – be subject to the same public scrutiny as public high schools and school boards? The Court of Appeals in Nashville said yes in a significant April 30 decision that opens up records of an organization that touches nearly every community in the state. The City Paper in Nashville two years ago sought records from the Tennessee Secondary School Athletic Association’s [...]

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