Prison corporation subject to public records laws

The Tennessee Court of Appeals ruled that prisons run by Nashville-based Corrections Corporation of America must adhere to public records laws, The Tennessean reported. Alex Friedmann, associate editor of Prison Legal News, sued for access to the CCA's government contracts and other records. "With all due respect to CCA, this court is at a loss as to how operating a prison could be considered anything less than a governmental function," Judge D. Michael Swiney wrote in the opinion. However, the court ruled that the Private Prison Contracting Act limits the records that the corporation must make public.

Prisons run by Nashville-based Corrections Corporation of America perform a government function and must follow public records laws, the Tennessee Court of Appeals has ruled.

The prison giant appealed the ruling issued last year by Davidson County Chancellor Claudia Bonnyman, who ruled that the corporation was the functional equivalent of government and that its administrators must turn over all records requested by prison reform advocate Alex Friedmann.

Friedmann, the associate editor of the monthly publication Prison Legal News, sued for access to several types of records, including CCA's government contracts, legal settlements and cases where CCA was sanctioned or fined.

More here.

Tenn. Senate votes against closing access to handgun permits

A proposal to prevent access to the names of people who have handgun permits failed 14-13 in the Tennessee Senate, the AP reported. A compromise amendment that would have still closed the database but allowed some inspection of records also failed.

A measure to close access to the names of people holding state permits to carry loaded handguns failed last night in the state Senate. Opponents called the vote a victory for open government.

The proposal sponsored by Republican Senate Majority Leader Mark Norris of Collierville was defeated 14-13 in the Senate when it failed to get a majority vote. Norris didn't say whether he would try to revive the proposal, H.B. 0959, which passed the House 83-12 last month.

"This is not a gun bill, it's an open-records bill," said Senate Minority Leader Jim Kyle, D-Memphis. "This is about your open records and your open government. It has nothing to do with guns."

More here.

New twist in Palin hacker case

Defense lawyer Wade Davies has asked a federal judge to dismiss the four federal charges pinned on David Kernell , the Tennessee college student who allegedly hacked into Gov. Sarah Palin's Yahoo e-mail account, Wired reported. Davis argues that in Tennessee, an act must expose something inherently private and place the victim in a false light for it to be considered an invasion of privacy. This wasn't the case, he says, because "an Alaska court has issued an order requiring Ms. Palin to preserve the correspondence in her private e-mail accounts on the grounds that the e-mails are public records."

A surprise legal maneuver by the defense in the Sarah Palin hacking case could undermine key charges carrying the stiffest potential penalties.

A lawyer for the Tennessee college student charged with hacking into the Alaska governor’s Yahoo e-mail account last year says his client couldn’t have violated Palin’s privacy because a judge had already declared her e-mails a matter of public record.

“He’s not suggesting that e-mail can’t be private,” says Mark Rasch, a former Justice Department cybercrime prosecutor. “He’s saying this particular e-mail was not private or personal because of who she is and because it wasn’t intimate communication.”

More here.

Tenn. bill allows chat room meetings

New legislation allows Knox County officials to hold meetings via chat rooms so long as the public has access and messages are stored for one year, knoxnews.com reported.

County commissioners, city councilmen and school board members across the state are authorized to hold conferences via computer, so long as the public can read what they say, under legislation that has now cleared both the House and Senate.

The bill (HB533) expands statewide a law that now only applies to Knox County. It is sponsored by Rep. Bill Dunn, R-Knoxville, and Sen. Randy McNally, R-Oak Ridge.

The House approved the measure 97-0 last week. Senate approved the measure 30-3 today, after adding a minor amendment. That means the measure will have to return to the House for concurrence on the amendment before the bill goes to the governor for his signature.

More here.

More state coverage of online availability survey

Survey: 65 percent of Minnesota government records online, Associated Press

When it comes to online access to state government records in Minnesota, the state is, well, slightly above average.

A survey by journalists and others found that 65 percent of the records checked were available online, compared to the national average of about 60 percent.

More here.

Tennessee not putting some public records online, Associated Press

While more and more government records are available with a few mouse clicks, Tennessee still does not provide some important state records and reports for free online.

A nationwide survey of state government information online found Tennessee, like many states, has no comprehensive database for state spending and doesn't put a variety of inspection reports online, including those for hospitals, child care centers and school buses and buildings.

More here.

Many key records available online, free in Colo., Associated Press

Coloradans can get a wide range of public records online at no charge, ranging from school test results to hospital inspection reports. But some key information is harder to find.

There's no single online source for school bus safety inspection reports, for example. And although death certificates are available online, it costs $9 more than getting them by mail or in person.

More here.

Public records easy to get in Arizona, study says, azfamily.com

When it comes to providing public records online, Arizona is one of the best in the nation.

A study by several journalism organizations found Arizona to be among the top 15 states in the nation for posting records on the internet.

More here.

SC 22nd in nation for online public records, Associated Press

Many of South Carolina's agencies are providing online access to public records - part of what appears to be a nationwide push to draw attention to the public's right to know what's going on in government.

Still, a new study shows that South Carolina trails 21 others that post more records online.

More here.

Colbert Report addresses gun-permit privacy war

Stephen Colbert says he "longs for a day when gun owners no longer have to hide their relationship with their concealed weapons." This five-minute video features Colbert's thoughts on the Memphis Commercial Appeal's decision to post a handgun-carry permit database online.

More here.

Tenn. bill to close handgun records passes House subcommittee

The Tennessee House subcommittee pushed along a bill to close gun-permit application records, The Tennessean reported. Next, the full House Judiciary Committee will discuss the bill, which allows $2,500 fines for disclosing the records.

A House subcommittee passed a series of gun-related bills Wednesday that would allow handgun carry permit holders to carry their guns in restaurants, wildlife areas and state, but not local, parks.

A bill that would close handgun records to the public also passed the House Judiciary Criminal Practice Subcommittee, where about a dozen gun bills were heard. The session was a victory for House Republicans. House Speaker Rep. Kent Williams, an Elizabethton Republican, attended in a show of support for a bill that would allow handguns in wildlife areas.

During the meeting Williams sided with Democratic Rep. Janis Sontany to encourage lawmakers to remove local parks from a bill that would allow handguns in parks throughout the state.

More here.

Debate over release of gun permit databases fires up in Tenn.

For $80.50, the Tennessee Department of Safety will release the name, date of birth, address and permit issue and expiration dates for all gun permit holders. However, obtaining that information may soon be impossible, and printing it may result in a $2,500 fine, the AP reported. A bill to make gun permit databases confidential and publication of them punishable by fines will go before the House Criminal Practice Subcommittee on Wednesday.

Tennessee lawmakers are ready again to try to muzzle state records that list who has a permit to carry a concealed handgun, and this time they are considering making it a crime to publish information about gun ownership.

The measure sponsored by Rep. Eddie Bass, a Democrat from Prospect, would make information on gun permit holders confidential and exempt from the state's open records law. The bill is scheduled for a hearing Wednesday by the House Criminal Practice Subcommittee.

For 12 years, similar legislation has failed to make it to a floor vote, but this year's version has a new twist and a better chance of passage now that Democrats who previously blocked the bill, including former Speaker Jimmy Naifeh, no longer control the House.

More here.

Poynter: Journalists should give reasons for publishing gun permit lists

Al Tompkins of the Poynter Institute wrote in his daily column that journalists should not publish databases, such as gun permit databases, just because they are public records. Journalists should explain why they are publishing it, he said. Gun supporters have argued against the publication of these records for years, and Tennessee is considering making such publication a felony.

The Tennessee legislature is considering legislation that would make it a felony to publish the state's concealed carry gun permits [PDF].

For the last 10 years, gun backers in that state have bragged that permitted gun carriers aren't ever charged with gun crimes. That changed this week when a Memphis area man who had a permit and a gun shot another guy and was charged with second degree-murder.

The Commercial Appeal in Memphis proceeded to post the state's concealed carry permit list, and now gun backers are pitching a fit.

More here.

Should gun-carry permit applications be public?

Many permit owners are uncomfortable knowing that their addresses, gun purchases and other personal information, such as past addictions, are public records. On the other hand, public gun permit databases could help keep firearms out of the hands of criminals. John Harris, executive director of the Tennessee Firearms Association, said the House committees that deal with Second Amendment issues favor privacy.

What some are calling a matter of privacy, others are calling a dangerous idea. At issue is whether or not applications for gun-carry permits should be kept confidential.

Getting a permit isn't only about learning the rules; a lot of personal information must be given up.

"You have to answer a lot of questions," said John Harris, executive director of the Tennessee Firearms Association. "Like, for example, 'How were you discharged from the military?' 'Have you ever been addicted to any kind of alcohol or other substances?' 'Have you ever had any psychiatric problems?' A lot of information is disclosed on the forms that really shouldn't be public."

More here.

Tennessee joins number of states adjusting public records fees

Tennessee open records officials hope a hearing on Friday will lead to an outline of public records fees that strikes a balance between the concerns of those who file requests and those who fill requests. In addition to the actual duplication costs, the meeting is also expected to address charges for labor spent responding to requests.

Open records officials seeking to complete a fee schedule for records requests say a public hearing on Friday will help in trying to make sure all parties involved in the process are treated fairly.

Officials want input on proposed charges for duplicating public records. Right now they are proposing 20 cents for each standard black and white copy and 50 cents for each color copy.

The Office of Open Records Counsel is required to develop the schedule following legislation last session that updates the state's open records law. Those updates are the result of a reform initiative following the 2005 Tennessee Waltz corruption sting that led to convictions of five former state lawmakers.

More here.

Huge Ruling in Tennessee: Private Prison Company's Records Are Public

Welcome news from Tennessee, on a subject I have frequently opined about:

A Nashville judge ruled Tuesday that private prison company Corrections Corp. of America is subject to Tennessee's open records law.

Chancellor Claudia Bonnyman ordered CCA to provide information on settlements, judgments and complaints against the company to Alex Friedmann, who first requested the information in an April 2007 letter.

Joe Welborn, an attorney representing CCA, said the company will appeal.

Bonnyman said the overriding issue was whether the company performs a government function.

"The court finds that CCA is the equivalent of a government agency based first and foremost on the fact that the Tennessee constitution makes the maintenance of prisons and keeping of prisoners a state function," she said.

The ruling only applies to records of Tennessee prisons, not to federal prisons the company runs, or prisons in other states.

More here.

Kudos to the Memphis Schools Chancellor

Not everyday do I dole out praise -- but this is well earned!

Chancellor Walter Evans this morning ruled that records of all applicants for the recent vacancy for superintendent of the Memphis City Schools are public records and should be provided to The Commercial Appeal.

The chancellor’s ruling came after the newspaper filed suit against the school board which provided access only to records of the five semifinalists selected by Ray and Associates, the Iowa-based company hired by the board to conduct the search.

Evans said Ray and Associates was performing a governmental function as an agent for the Memphis City Schools in receiving “all applications” for superintendent and that all applications and correspondence must be made available for public inspection.

More here.

Good 'Ol Rocky Top!

It was touch and go all spring. Would Tennessee make public records more accessible to its citizens or put up more roadblocks?

This time, the people won out.

For the first time in a quarter century, public records will be more open to the people. That should translate into greater accountability from government.

The legislation, which Gov. Phil Bredesen is expected to sign into law, creates an Office of Open Records Counsel. The ombudsman will serve as a resource if citizens run into roadblocks regarding access to public records. The office will develop a reasonable fee schedule for records requests that take longer than five hours to fulfill.

It gives records custodians no more than seven days to respond to requests or explain why they need more time. Currently, there is no deadline for responding to requests.

A committee also will be created to consider problems such as excessive fees and long delays that people might encounter from less-than-helpful public servants.

More here.

Concealed-Carry Secrecy Dies in Tennessee...

Not sure I can follow the political theater here, but the bottom line is that Tennessee remains one of the only states where citizens can still scrutinize concealed-carry permits...

A proposal to make secret the names and addresses of Tennesseans who have handgun carry permits died in a whirlwind of political intrigue Wednesday, aided by state House Speaker Jimmy Naifeh.

First, freshman House member Henry Fincher engineered a vote on the bill while two of its opponents — two of his more senior colleagues — were out of the room.

More here.

Tennesseean Piece Looks at State's Exemptions

A nice analysis of Tennessee's FOI laws features lots of NFOIC sources!

f you want to know everything about the parolee who just moved into your neighborhood or whether the judge hearing your divorce case has been accused of being mentally impaired, you can't — not in Tennessee.

Since Tennessee declared government records open to the public in 1957, lawmakers and judges have spent the last 50 years closing some of those records.

Today, there are more than 250 exemptions to the Tennessee Public Records Act.

Advocates of open government insist it should not be so simple to close public records in Tennessee and they contend that the exemptions are written too broadly, resulting in unnecessary government secrecy.

Now, this year, a bill making its way through the legislature proposes to close records identifying Tennesseans licensed to carry handguns.

"Any special interest who has a friend in the legislature can get records closed fairly easily," said Frank Gibson, executive director for the Tennessee Coalition for Open Government. "It's a slippery slope — you close one piece of information on a file, and then two years later you close something else.''

More here.

ACLU Tennessee Seeks Info on Dress Codes

The American Civil Liberties Union of Middle Tennessee (ACLU-TN) should soon receive the information it has requested to monitor Metro Nashville Public Schools’ standard school attire policy, according to an attorney with the Metro legal department.

The information request was received by Metro Nashville Public Schools Oct. 15, and ACLU-TN requested a response within 30 days.

Starting this school year, all Metro students are required to wear “standard school attire” — a dress code that includes navy blue, black or khaki slacks, shorts or skirts and white or navy blue shirts with short or long sleeves and a collar. Each school may also select up to four additional colors for shirts.

Students have the right to opt out of standard school attire for medical or religious reasons, and ACLU-TN is working to monitor how the district processes those opt-out requests.

On Oct. 12, ACLU-TN submitted a Freedom of Information Act (FOIA) request to Director of Schools Pedro Garcia about attempts to secure exemptions from the standard school attire (SSA) policy. ACLU-TN asked to receive the information within 30 days of the request and followed up several times by phone, Weinberg said, but received no response until last week.

More here.

Tennessee Reform Update

The Commercial Appeal brings us up to date on how Tennessee's FOI reform efforts are shaping up:

Tennessee's Public Records law was enacted in 1957, declaring that "all state, county and municipal records shall at all times during business hours be open for personal inspection by any citizen of Tennessee."

Seventeen years later, lawmakers adopted its companion Open Meetings Act, which says: "All meetings of any governing body are declared to be public meetings open to the public at all times, except as provided by the Constitution of Tennessee."

In theory, the two laws work in tandem to give Tennesseans broad access to state and local government.

The reality has been less than the ideal. About 230 exemptions have been amended into the Public Records Act, including many -- medical records, Social Security numbers and student records -- that most people favor.

A "Right to Know Audit" in 2004 by the Tennessee Coalition for Open Government sent volunteers into government offices in all 95 counties asking to see some benign public document that citizens have a legal right to inspect -- items such as the minutes of planning commission meetings, where officials decide what can be built on the vacant lot next door.

On average, the coalition volunteers were denied that right about one-third of the time.

In October, a Knoxville jury of 12 citizens ruled that their county commission violated the Open Meetings Act when members met privately in small groups to select appointees to 12 top offices, including the sheriff, county clerk, trustee, register of deeds and eight commission seats. The decisions were later rubber-stamped in public.

The Knox County case raised concerns among local government officials statewide when the judge threatened commissioners with contempt of court if they violated the law again. It brought to a head three decades of frustration with the so-called "Sunshine Law" among many local officials.

Coincidentally, a separate effort by media and open-government advocates to update the two laws for an era of electronic data-keeping and communications gave the associations that represent city and county governments, school boards, public hospitals, public utilities and others an opening to seek modifications in the Open Meetings Act. The legislature created a special committee to study issues and propose remedies. In its hearings this fall, both sides pressed their cases...

Gov's Mansion in Tennessee Draws Ire

A Nashville-based taxpayer group took aim at the governor's residence underground expansion plans.

Tennesseans for Accountability in Government met in a large ballroom at the Loews Vanderbilt Hotel.

A room, members said, is only half the size of the underground room planned for the governor's mansion.

The watchdog group claims the finances for the renovations on the mansion have been shrouded in secrecy.

TAG Vice President Susan Kaestner said the group organized the media event to raise public awareness about the proposed $19.2 million renovation and ballroom addition to the Executive Residence.

TAG members took aim at the second phase of the project. Their charge is that the project mushroomed into a large and unnecessary project underwritten by public and private money.

"We demand before the first shovel breaks the ground, the secrecy surrounding this projetc be lifted and the plans and cost be made public by the state," Kaestner said.

But state architect Mike Fitts said everything has been done under the watchful eye of the State Building Commission. He said much of the funding is from private donations.

Fitts said the project has changed somewhat since it was announced four years ago, but "that is not unusual with a project of this scale and complexity."

"The use of state funds has always been contemplated for appropriate parts of the restoration of this state property, but this has been a very public process carried out with the State Building Commission's oversight," he said.

More here.

A Rarity: Judge Tosses Officials From Office for Sunhine Violations

A judge threw a dozen elected officials out of their jobs because they were hand-picked behind closed doors, dealing a severe blow to secrecy that open-government advocates hope serves as a warning to other cities and counties.

The Knoxville News Sentinel and a citizens group sued the Knox County Commission, alleging it violated the state's Open Meetings Act in January, when it filled vacancies for eight commissioners and four countywide officers, including the sheriff.

"This is a spark that could catch fire in Knox County and spread throughout the nation," said attorney Herb Moncier, who represented the citizens group. "The people took back their government."

The vacancies arose because of a Jan. 12 ruling by the state Supreme Court, which upheld term limits prohibiting county officeholders from serving more than two consecutive four-year terms. All 12 of the officials had exceeded that, including some re-elected only a few months before.

County commissioners met on Jan. 31 to fill the positions, but the jury found that commissioners deliberated and voted in secret. Secret deliberations continued during recesses in the meeting, and the vacancies were filled with what Moncier described as "relatives, cronies and supporters."

More here.