MEMPHIS PUBLISHING COMPANY D/B/A THE COMMERCIAL APPEAL, ET AL. v. CITY OF MEMPHIS, ET AL. - Articles

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Posted by: Landry Butler on Jul 26, 2017

Court: TN Court of Appeals

Attorneys 1:

Jonathan P. Lakey, William B. Walk, Jr., and John J. Cook, Memphis, Tennessee, for the appellant, City of Memphis.

Attorneys 2:

Zackery B. Busey and Lori H. Patterson, Memphis, Tennessee, for the appellant, International Association of Police Chiefs.

Lucian T. Pera and J. Bennett Fox, Jr. and, Memphis, Tennessee, for the appellee, Louis Graham and Memphis Publishing Company d/b/a The Commercial Appeal.

Judge(s): DINKINS

This appeal arises out of an action brought by a newspaper seeking access to application materials in the possession of a nonprofit professional association that was assisting the City of Memphis in recruiting candidates for its Director of Police. The trial court concluded that the records held by the association were subject to disclosure under the Tennessee Public Records Act because the association acted as the functional equivalent of the City and because the position of police director was the same as a chief public administrative officer, a position for which the Act mandates that all employment application materials be made available. The association and the City appeal. We reverse the determination that the records are subject to disclosure; we affirm the denial of an award of attorney’s fees to the newspaper.