Officials hold secret meeting on Occupy Chattanooga

The Tennessean reports Officials hold secret meeting on Occupy Chattanooga."Hamilton County commissioners held a secret meeting with their attorney on Friday to discuss Occupy Chattanooga protesters, possibly signaling a determination to make some move against them. The state’s Open Meetings Act requires most meetings of local officials to be open to the public, but the Tennessee Supreme Court has said public bodies can meet privately with an attorney about pending or contemplated litigation. County Attorney Rheubin Taylor told the Chattanooga Times Free Press that the topic discussed Friday did not involve a suit now in litigation."



Below is a clip from the city council meeting on the Occupy Chattanooga protesters. (The audio clears up after a little bit.)

Chattanooga Times Free Press reports today, "Some of the protesters say they expect to be occupying for a year, maybe more. But as of this morning, they have slept out there for just 12 days, and winter’s worst is yet to come. Occupy Chattanooga has so far avoided the arrests and animosity with police that some Occupy groups in other cities across the nation have experienced. The local group started with meetings and discussions about issues from universal health care to banking regulations. It held two protest events, one outside a fundraising event for U.S. Rep. Chuck Fleischmann, R-Tenn., and the other in support of living wages, better education and immigration reform.

Tennessee Supreme Court Holds Records of IMEF Not Subject to Tennessee Open Records Act

THOMAS M. GAUTREAUX v. INTERNAL MEDICINE EDUCATION FOUNDATION, INC

The Tennessee Supreme Court held that because IMEF is neither the functional equivalent of a government agency nor subject to the requirements of the Public Records Act pursuant to Tennessee Code Annotated section 10-7-503(d), IMEF is not required to make its records available to the public. The supreme court reversed the judgment of the lower courts.

Plaintiff requested records from a nonprofit foundation pursuant to the Tennessee Public Records Act.  The nonprofit foundation refused the request, stating that the foundation was not a government agency and that the records were not public. Plaintiff filed a Petition for Access to Public Records in Hamilton County Chancery Court. Chancellor Peoples held that the records were available because the nonprofit foundation was the functional equivalent of a government agency. The Court of Appeals affirmed. The Supreme Court reversed and dismissed the case.

In addition to providing that government records are available for public inspection,the Public Records Act also provides that the records of certain nonprofit entities are available to the public. Tenn. Code Ann. § 10-7-503(d). At issue in this case is whether the legislative grant of access to records of nonprofit entities as provided in Tennessee Code Annotated section 10-7-503(d) applies to IMEF.  Because Chancellor peoples made a finding of fact that IMEF has no full time employees, the supreme court found that the less than two full time employees exemption applied.


What is instructive to lawyers, civil and criminal, plaintiffs to prosecutors, is that an open records request made to a nonprofit must consider two questions. First, is the nonprofit a functional equivalent to a governmental agency; and, second is the nonprofit, as it is organized, subject to the requirements of the Public Records Act?