Open records trial begins
GALLATIN, Tenn. — A trial is underway to decide whether the Sumner County Board of Education violated the Tennessee Public Records Act by not responding to a Joelton man’s email request.
The Tennessean reported Ken Jakes filed a lawsuit in Sumner County Chancery Court in April 2014 challenging the school board’s policy requiring a citizen wanting to inspect a public document to submit the request in person or via U.S. mail rather than email.
The month before, Jakes sent an email to Sumner County Schools spokesman Jeremy Johnson asking to review the school board’s records policy.
In his opening statement during the first day of testimony on Wednesday, board attorney Todd Presnell argued the board was not obligated by state law to accept records requests by email.
He said Johnson was following board policy, though drafted in 1997 and not reflective of a 2008 amendment to state law governing open records.
Jakes’ attorney, Kirk Clements, argued that the Open Records Act does not give government entities the authority to dictate how a citizen makes a request.
Clements suggested the board changed its records policy only after receiving a request by a Hendersonville resident to view records of credit card purchases.
On March 10, 2014, Kurt Riley asked for access to statements of credit card purchases made by school system employees.
Johnson testified he and Director of Schools Del Phillips met following Riley’s request to discuss a change to administrative practices and later the board policy regarding records to reflect current law.
Clements asked if their action was because of Riley’s request. Johnson said the timing was a coincidence.
Earlier Wednesday, Clements argued email is widely accepted as an efficient and economical way to communicate. Johnson testified that requiring requests to be made via mail and in person streamlines the process in a more formal way.
Judge Dee David Gay asked Johnson: “Did you ever consider convenience to the public?”
Gay is hearing the case following the recusal of Sumner County Chancery Court Judge Louis Oliver, who has family members employed by Sumner County Schools.