litigation Archives - Tennessee Coalition for Open Government

19 Dec, 2022

Private meetings on Chattanooga redistricting violated open meetings law, lawsuit alleges
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Private meetings on Chattanooga redistricting violated open meetings law, lawsuit alleges

open meetings lawsuits

Private meetings on Chattanooga redistricting violated open meetings law, lawsuit alleges

By Deborah Fisher|2023-01-02T17:00:37-06:00December 19, 2022|Categories: open meetings lawsuits|Tags: Chattanooga, Chattanooga City Council, litigation, private meetings, public notice, redistricting, Times Free Press|2 Comments

A redistricting committee made up of Chattanooga city councilmembers violated the open meetings act when it convened privately to make decisions and deliberate on the city's new voting district maps, a lawsuit alleges. The lawsuit by the Chattanooga Times Free Press also alleges that councilmembers violated the open meetings act when the city's executive staff, at the request of the redistricting committee, met individually with council members to decide on the contours of each of their new districts.

13 Dec, 2016

Ohio Supreme Court rules dash cam videos are public records

By Deborah Fisher|2016-12-13T10:44:23-06:00December 13, 2016|Categories: crime records|Tags: litigation, Ohio Supreme Court, police records|0 Comments

In ruling that rejects a blanket investigatory exemption for police records, the Ohio Supreme Court ruled last week that dash cam video is in general a public record, subject to redactions. The ruling has no legal effect in Tennessee, but is relevant because it deals with some of the same legal issues that have arisen in disputes with police here about what should be available to the public under the Tennessee Public Records Act. Some police departments refuse to release incident reports, saying they are part of the investigatory file. Currently, access to body cam footage is under study. In Ohio, the Cincinnati Inquirer in 2015 requested dash cam video [...]

14 Dec, 2015

Report: Fiscal impact of tax breaks kept confidential

By Deborah Fisher|2015-12-14T10:14:05-06:00December 14, 2015|Categories: economic development|Tags: Brett Carter, economic development, Fiscal Review Committee, litigation, Revenue Department, tax records|0 Comments

Tom Humphrey reports in his Humphrey on the Hill blog about a report to the state's Fiscal Review Committee last week that highlights an inability to measure the cost of tax breaks because of a confidentiality exemption regarding tax records. The exemption, T.C.A. 67-1-1702, makes confidential "returns, tax information and tax administration information" and prevented the committee's staff from checking on whether cost of a tax break was accurately predicted when legislation creating the tax break passed. From the blog, "Impact of tax breaks kept confidential": The confidentiality granted state Department of Revenue records prevents legislators from learning whether the estimates used in adopting tax credit legislation are accurate, the executive director [...]

13 Nov, 2015

Judge rules Sumner County Schools violated public records law, orders it to stop

By Deborah Fisher|2015-11-16T07:35:58-06:00November 13, 2015|Categories: public records lawsuits Tennessee|Tags: Jeremy Johnson, Judge Dee David Gay, Ken Jakes, Kirk Clements, litigation, public records request, Sumner County, Sumner County School Board, Todd Presnell|0 Comments

GALLATIN -- Nearly 20 months after citizen Ken Jakes requested to see the Sumner County Schools public records policy, Sumner County Judge Dee Gay ruled today that the school district violated Tennessee Public Records law by withholding it. He ordered the district to stop its practices and adopt a new policy for dealing with public records requests. Seated left to right: Citizen Ken Jakes, Sumner Schools attorney Jim Fuqua, school communications official Jeremy Johnson and attorney Todd Presnell listen to the judge's ruling that the school district violated the Tennessee Public Records Act. The school's attorney asked for a 30-day stay on the judge's order, which Gay granted, [...]

31 Jul, 2015

Judge says Sumner County Schools denied public records request, but not willful

By Deborah Fisher|2018-11-16T15:14:58-06:00July 31, 2015|Categories: public records lawsuits Tennessee, requests|Tags: attorneys' fees, Jeremy Johnson, Judge Dee David Gay, Ken Jakes, litigation, public records request, Sumner County, Sumner County School Board, Todd Presnell|0 Comments

Sumner County Judge Dee David Gay said Thursday in preliminary findings that Sumner County Schools denied a public records request from open government advocate Ken Jakes, but that he heard no proof that showed the district was willful in its actions. Gay said he would make a final ruling in November on whether the school district violated the Tennessee Public Records Act when it denied Jakes' request on the basis that he did not follow the local district's requirement that he make the request in person or through the U.S. Postal Service. Jakes had emailed his request, following up with a voice mail, asking in March 2014 to inspect the [...]