Showing posts with label Public Records Act. Show all posts
Showing posts with label Public Records Act. Show all posts

Saturday, October 13, 2012

October 13, 2012 Comptroller Justin Wilson Proposes Waiving First $25 in Fees for Public Records Requests Submitted to His Office

State Comptroller Justin Wilson has proposed waiving the first $25 in fees for public records requests to his office. Wilson's proposal was unanimously recommended for adoption by the Joint Government Operations Committees last week.  Click here


TENNESSEE STATE COMPTROLLER JUSTIN WILSON
 
Frank Gibson, former director of Tennessee Coalition on Open Government (TCOG), praised the decision. TCOG promotes transparency in government.
 
The move is apparently motivated by a desire to promote open government and concerns about efficiency. 
 
Wilson may choose to waive all fees on a case-by-case basis. "I'm absolutely in favor of open records, but I don't want it to be abused," Wilson said. "If there are excessive requests, you need to pay for it."
 
While the Public Records Act does not require local and state governments to charge citizens for  access to public records, many governmental entities have adopted rules on assessing fees for copies of documents. 
 
"The public feels like it is already paying to collect, store and provide records," Gibson said. "Fee waivers are a way to recognize that sentiment."
 
The proposed waiver is being adopted by and only applies to the Comptroller's Office. 
 

Friday, October 12, 2012

October 12, 2012 Knox Law Director Wants Public Records Requests Sent To His Office

The new Knox County Law Director has asked certain Knox County elected officials to send all public records requests to his office for documentation and response. Click here for the News-Sentinel article.

Richard Armstrong
KNOX COUNTY LAW DIRECTOR BUD ARMSTRONG

The memo from Law Director Bud Armstrong went to Knox County Mayor Tim Burchett, County Clerk Foster Arnett, Property Assessor Phil Ballard, Public Defender Mark Stephens, Register of Deeds Sherry Witt, Sheriff Jimmy "J.J." Jones, and Trustee John Duncan III.  The memo is here.

Some officials have apparently agreed to funnel all requests through the Law Director while others such as Mayor Burchett indicated that they would continue to respond directly to requests when the request is for a document that is clearly a public record but may send requests involving medical or legal issues through the Law Director's Office.

News-Sentinel Editor Jack McElroy responded with an editorial in which he points out that Armstrong's memo shows in part a misunderstanding of the Public Records Law. McElroy also notes that Armstrong's  concerns and efforts might be better directed to providing training to elected officials regarding the Public Records Act.

County Clerk Foster Arnett is quoted as saying he will continue to respond directly to most requests.  "If we have any questions, we'll ask for their assistance but most of our stuff is cut and dry, and if someone asks for a public record then we're going to turn it over."  


Saturday, March 20, 2010

March 20, 2010 Coleman Appeals Chancellor's Ruling That TNInvestco Documents Are Not Public

Larry Coleman, who lost a public records battle recently in Davidson County Chancery Court, has appealed the Chancery Court decision denying him access to TNInvestco documents and permitting the state to keep the TNInvestco records confidential for up to five years.

The Tennessean has the story here.

[Click here for my previous blog post on TNInvestco, the records that Coleman sought, and links to other related items of interest.]

Wednesday, October 31, 2007

October 31, 2007 Local Government: If Tennessee's "Sunshine Laws" Are Gutted

How about private meetings of government officials where decisions are made without the public or press around and then a public meeting where the votes are taken to make the private, backroom deals "official"?

If city, county, and school board officials get their way in weakening Tennessee's Sunshine Laws (Open Meetings and Public Records Acts), private meetings could be coming to a local government near you.

The Memphis Commercial-Appeal recently ran an excellent editorial on this topic as did the Knoxville News-Sentinel.

If the Tennessee General Assembly does change the Open Meetings Act to allow officials to meet secretly and privately-- in groups of "less than a quorum"-- what would this mean locally?

MORRISTOWN CITY COUNCIL: Up to three members of the Morristown City Council--one less than a quorum--could meet together secretly or with local power/money interests to deliberate, swap votes, and do whatever they want to do in reaching an agreement on how to vote at the "public" meeting. When the "public" vote is later taken at a "public" meeting of the council, it will all be a sham because the decision will have already been made by small groups of council members who have met in the dark, in the backroom, outside of the public's view.

HAMBLEN COUNTY COMMISSION: Up to seven members of the Hamblen County Commission--one less than a quorum--could meet together secretly or with local power/money interests to deliberate, swap votes, and do whatever they want to do in reaching an agreement on how to vote at the "public" meeting. When the "public" hearing or "public" vote is later taken at a "public" meeting, it will all be a sham because the decision will have already been made by small groups of commissioners who have met in the dark, in the backroom, outside of the public's view.

HAMBLEN COUNTY SCHOOL BOARD: Up to three members of the Hamblen County School Board---one less than a quorum---could meet together secretly or with local power/ money interests to deliberate, swap votes, and do whatever they want to do in reaching an agreement on how to vote at the "public" meeting. When the "public" vote is later taken at a "public" meeting, it will all be a sham because the decision will have already been made by board members who have met in the dark, in the backroom, outside of the public's view.

If they succeed in eliminating public oversight and ridding themselves of the disinfectant effect of Tennessee's Sunshine Laws, county commissioners, city council members, and school board members will jump at the opportunity to have secret meetings well before the "public" meeting---especially where important and controversial issues are concerned.

And if, by chance, a snag arises during the public meeting over a decision, the chairman can just ask for a short recess during which the officials can again meet in their little groups to have their "private" discussions about "public" business.

Why do local government officials want to gut the Open Meetings Act? The official line seems to be that government officials need freedom to deliberate in private so they can share information and get "special insight" into public business.

If local government officials think that secret, private meetings are good, why not just have one big private meeting of ALL commissioners, city councilmen, school board members. Now, THAT would really maximize insight and efficiency at the later public meeting!!!

It is obvious that local government officials simply aren't interested in open and accountable government and that they view public participation and comments as a nuisance. Local government officials want Tennessee's Open Meetings Act changed so they can have special private meetings where the decisions are made and then have a public meeting where the votes are taken to make the backroom deal "official."

Quick and efficient. Yes. Open, accountable, and ethical. No.