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wallerlaw.com
Robb S. Harvey
Waller Lansden Dortch & Davis, LLP
615.850.8859 direct
robb.haryey@wallerlaw.com
Re: Public Records Requests of Jennifer Easton and Gallatin News ExaminerlStar
NewsIThe Tennessean
Dear Mr. Johnson:
Our firm represents Jennifer Easton and the newspapers for which she reports, the
Gallatin News Examiner, Star News, and The Tennessean. I write to follow up on the responses
of the Sumner County Board of Education to Ms. Easton's Tennessee Public Records Act
("TPRA") requests.
Over the past several months, Ms. Easton has been attempting to determine the amounts
that the Sumner County Board of Education has incurred for legal services provided by the law
firm Bradley Arant Boult Cummings, LLP ("BABC") in connection with the suit filed by TPRA
requestor Ken Jakes. Ms. Easton also had requested all amounts incurred by the Board in
connection with legal services provided by BABC and Board Attorney Jim Fuqua beginning
January 2014, not just in connection with the Jakes suit. Ms. Easton's requests were for
documentation of charges, including the total hours expended, the tasks performed, the rates
being charged for services by the various attorneys on the Board's multiple matters, and
expenses billed.
The Board of Education has produced duplicate copies of heavily redacted versions of
BABC's billing statements in the Jakes case covering what appears to be two billing periods--for
work months April 2014 through February 2015, and for some period ending November 30,
2015. Blanked out on the billing statements are any description of services, task dates,
timekeeper names, number of hours billed, rates, and expenses. The Board has charged Ms.
Easton for pages with no or almost no information shown. With respect, we do not believe that
the Board's release of extremely limited information comports with either the letter or spirit of
Tennessee law. We ask that the Board reconsider its approach to refusing to release the
requested information.
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Mr. Jeremy Johnson
February 12, 2016
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Mr. Jeremy Johnson
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"interpret the terms of the Act liberally to enforce the public interest in open access to the records
of state, county and municipal governmental entities." 1
The Board of Education's generalized reference to the attorney-client privilege and work
product doctrine to justify its blanket redactions does not comport with the Tennessee Public
Records Act. We wish to give the Board an opportunity to provide the information requested, or
to justify its actions, so that its actions will not be deemed to be a willful violation of Teimessee
law. Such an action is, at least in our view, unnecessary if the Board will view its obligations
consistent with the Tennessee Public Records Act.
In light of the statutory mandate in favor of openness, the significant public interest and
policy issues concerning the expenditure of public funds earmarked for education, and the failure
of the Sumner County Board of Education to comply with the letter or spirit of the Tennessee
Public Records Act, we make the following requests. Please look into this matter personally. If
the Board believes that some limited redaction is necessary to preserve legitimately protectable
interests, we are more than willing to consider that position.
My clients have already been charged for an over-redacted set of public records. Please
do not begin another redaction process without providing a reasonable estimate of the expense to
provide copies, which must comport with TPRA requirements. Upon receipt of your estimate,
my clients will decide whether they wish to be provided with a copy of the records by the Board,
in which case reasonable, limited expenses may be charged; or, my clients may choose to
inspect, in which case charges may not be assessed. (Office of Open Records Counsel Opinion
08-14 (Nov. 13, 2008)). In addition, please let us know what steps will be taken to prevent this
situation from recurring. This request is made on behalf of my clients, their readers, and all
citizens of Sumner County.
I Memphis Publishing Co. v. Cherokee Children & Family Services, Inc., 87 S.W.3d 67, 74 (Tenn. 2002)
(noting that "the Act serves a crucial role in promoting accountability in government through public
oversight of governmental activities."); see also Tennessean v. Electric Power Bd. of Nashville, 979
S.W.2d 297 (Tenn. 1998); Memphis Publishing Co. v. City of Memphis, 871 S.W.2d 681 (Tenn. 1994)
("Our courts have been vigilant in upholding this clear legislative mandate, even in the face of serious
countervailing considerations."); Griffin v. City of Knoxville, 821 S.W.2d 921 (Tenn. 1991); Memphis
Publishing Co. v. Holt, 710 S.W.2d 513 (Tenn. 1986).
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Mr. Jeremy Johnson
February 12, 2016
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Robb S. arvey
Waller Lansden Dortch & Davis LLP
cc:
4831-6362-1421