TCOG news Archives - Tennessee Coalition for Open Government

3 Sep, 2019

New white paper: Can labor fees be charged when a requestor only wants to inspect?

By Deborah Fisher|2019-09-03T11:17:00-05:00September 3, 2019|Categories: fees, Tennessee Coalition for Open Government|Tags: fees for public records, TCOG news|0 Comments

Tennessee Coalition for Open Government released a new white paper today analyzing how production fees were incorporated into the Tennessee Public Records Act. The new white paper examines opinions by the Attorney General and the Office of Open Records Counsel, dating back to 1980, as well as a 1998 Tennessee Supreme Court opinion. The paper also examines the legislative history of changes to the Tennessee Public Records Act in 2008 that resulted in the Schedule of Reasonable Charges maintained by the Office of Open Records Counsel. Finally, the paper includes a history of the effort in 2015 to change the law to remove "free inspection" of public records, a statewide [...]

19 Aug, 2019

Court of Appeals reins in state’s expansive use of investigative exemption

By Deborah Fisher|2019-08-19T20:25:15-05:00August 19, 2019|Categories: investigative exemption, public records lawsuits Tennessee|Tags: Court of Appeals, Frank G. Clement Jr., investigative exemption, Janet Kleinfelter, Judge D. Michael Swiney, Judge Richard Dinkins, Phil Williams, TCOG news|1 Comment

The Tennessee Court of Appeals in a ruling on Friday put much-needed limits around the so-called investigative exemption that has been used by the state to cloak otherwise public records. "We hold that public records created in the ordinary course of business, which are non-investigative in nature, and which are otherwise accessible by Tennessee citizens under the TPRA (Tennessee Public Records Act), do not subsequently become exempt from disclosure because of the initiation of a criminal investigation in which those records become relevant," the Court ruled in Scripps Media, Inc. v. Tennessee Department of Mental Health and Substance Abuse Services. Williams requested travel, other ordinary public records from state News [...]

14 Aug, 2018

TCOG makes recommendations for vetting state’s public records exemptions

By Deborah Fisher|2020-11-19T12:35:08-06:00August 14, 2018|Categories: exemptions, Legislature, Tennessee Coalition for Open Government|Tags: exemptions, Jason Mumpower, Open Records Ad Hoc Committee, State Sen. Todd Gardenhire, TCOG news|3 Comments

The new Joint Open Records Ad Hoc Committee, formed to consider the growing number of public records exemptions, held its first meeting today. The committee invited TCOG to make a presentation. Also presenting was Jason Mumpower, chief of staff for the Comptroller's Office, which oversaw the compilation of a list of all statutory exemptions (which resides here.) TCOG presents recommendations about a review of exemptions to the Tennessee Public Records Act at the committee's first meeting on Aug. 14, 2018. You can watch the entire committee meeting by clicking on the video link found here. My presentation starts around the 52 minute mark. The committee set its next [...]

15 Jun, 2018

Column: Opioid trial must be completely open

By Deborah Fisher|2018-06-15T10:58:41-05:00June 15, 2018|Categories: Open Courts, public records lawsuits Tennessee, Tennessee Coalition for Open Government|Tags: Deborah Fisher, Herbert Slatery, Jack McElroy, OxyContin, Purdue Pharma, Rick Hollow, TCOG news|0 Comments

An OxyContin tablet. Purdue Pharma, who makes OxyContin, has asked for a protective order in a Knoxville circuit court to keep concealed some details of allegations by the state of Tennessee that it violated a 2007 court order and the state's consumer protection laws. In 2007, the state of Tennessee and 25 other states reached a $19.5 million settlement agreement with OxyContin maker Purdue Pharma, who they alleged was violating consumer laws in the marketing of their cash cow opioid drug. Among other allegations, the states said Purdue engaged in illegal marketing and downplayed the risks of addiction. Tennessee’s portion of the settlement was about $720,000. Kentucky [...]

22 May, 2018

TCOG, KNS file motion to intervene to keep records open in state’s lawsuit against Purdue Pharma

By Deborah Fisher|2018-05-22T10:15:53-05:00May 22, 2018|Categories: Open Courts, Tennessee Coalition for Open Government|Tags: courts, Herbert Slatery, proprietary records, Purdue Pharma, sealed court records, TCOG news|0 Comments

NEWS from Tennessee Coalition for Open Government: We have filed, along with Jack McElroy, editor of the Knoxville News Sentinel, a motion to intervene in the state's opioid lawsuit against Purdue Pharma to oppose and object to any order restricting public access to records, exhibits, testimony, pleadings and other materials in the case. Deborah Fisher Read: Motion for leave to intervene Memorandum of law, citations of authority and argument in support of motion for leave to intervene Tennessee Attorney General Herbert Slatery filed the action against OxyContin maker Purdue Pharma, L.P. on May 15 in Knoxville Circuit Court. The complaint was filed under seal with an accompanying motion [...]