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Posted by: Karen Belcher on Jul 28, 2017

Court: TN Court of Appeals

Attorneys 1:

Edmund Scott Sauer, Eric Todd Presnell, and Kristi W. Arth, Nashville, Tennessee, for the Sumner County Board of Education.

Attorneys 2:

Kirk L. Clements, Goodlettsville, Tennessee, for the appellee, Kenneth L. Jakes.

Judge(s): MCCLARTY

This appeal involves a request to inspect public records pursuant to the Tennessee Public Records Act, codified at Tennessee Code Annotated section 10-7-101, et seq. The plaintiff filed suit when his request to inspect the records policy for the Sumner County Board of Education was denied because he failed to make his request by mail or in person. The plaintiff sought attorney fees and requested a show cause hearing and a declaratory judgment, requiring the defendant to accept requests to inspect public records made by email, facsimile, telephone, or other similar methods. The defendant moved for summary judgment. The court denied summary judgment. Following a hearing, the court held that the request, made by email and again by telephone, was compliant with the Tennessee Public Records Act and that the defendant’s refusal to provide said records was unlawful. The court further found the defendant’s policy for accepting public record requests in violation of the Tennessee Public Records Act. The court denied the request for attorney fees. The defendant appeals. We affirm.