Frank Gibson: No excuse for Hendersonville’s public records saga

From The Tennessean: It has always troubled me that ignorance of the law can be used as a legal defense for not complying with the Tennessee Public Records Act.

That absurdity came back a few weeks ago when The Hendersonville Star News reported on a brouhaha that had been raging for months between Hendersonville city officials and a group of local residents. The issue was whether (and how much) the city could charge to produce copies of public records.

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Ohio Supreme Court rules that a governor’s pardon does not automatically seal records of the crime

From Cleveland.com: COLUMBUS, Ohio — The Ohio Supreme Court has ruled that a person granted a pardon by the governor is not automatically entitled to have the records of their crime and conviction sealed from public view.

Rather, absent requirements in Ohio’s law that it be granted automatically, it should be evaluated on a case by case basis to determine if it is appropriate, the court ruled.

Visit Ceveland.com for more.

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Delaware judges can’t do secret arbitrations, court rules

From Bloomberg: Delaware’s Chancery Court, the country’s leading venue for securities litigation, can’t be used for secret arbitration proceedings in business disputes, a federal appeals court ruled.

The arbitration program set up by the state, which allowed publicly funded judges to make decisions behind closed doors on business cases, violates the public’s constitutional right to access to the courts, the U.S. Court of Appeals in Philadelphia said Wednesday in a 2-1 decision.

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Judge rules emails requested by newspaper should be public, county weighing appeal

From TribTown.com: KNOXVILLE, Tennessee — A judge has ruled that the Knoxville News Sentinel should have access to Knox County emails it requested under the state’s open records law.

The newspaper reports Blount County Circuit Court Judge David Duggan ruled on Tuesday that nine of the 13 emails in question were public record and the county should release them.

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Oklahoma Supreme Court lets dashcam video ruling stand; attorney claims ‘big win’ for open government

From Tulsa World: OKLAHOMA CITY – The Oklahoma Supreme Court has declined to hear an appeal to a state appellate court ruling that states dash-cam video made by the Claremore Police Department in 2011 does constitute a public record under the Oklahoma Open Records Act.

The City of Claremore had filed a petition for certiorari, asking the Supreme Court to review the Court of Civil Appeals ruling. That request was denied Monday, with all the Supreme Court justices concurring, court records show.

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Former AG McKenna favors constitutional amendment to bar govt-records ‘privilege’

From The Olympian: Former Washington attorney general Rob McKenna says he favors a constitutional amendment as a way to counter last week’s state Supreme Court ruling that upheld a governor’s claim of executive privilege. Former governors Chris Gregoire and Gary Locke had invoked such a privilege claim in refusing to release certain sensitive public records, and Olympia-based Evergreen Freedom Foundation (now The Freedom Foundation) sued to strike down that claim.

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Open government and conflicts with public trust and privacy: Recent research ideas

From Journalist’s Resource: Since the Progressive Era, ideas about the benefits of government openness — crystallized by Justice Brandeis’s famous phrase about the disinfectant qualities of “sunlight” — have steadily grown more popular and prevalent. Post-Watergate reforms further embodied these ideas. Now, notions of “open government” and dramatically heightened levels of transparency have taken hold as zero-cost digital dissemination has become a reality. […]

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Venice (Florida) warned about Sunshine Law

From Herald-Tribune: VENICE – Members of the Venice City Council say they need to be more cautious than ever about what they say, to whom they say it, and where and when they say it.

If they do not, the city may be accused of violating Florida's Government-in-the-Sunshine Law and find itself in court — again. Past violations cost the city more than $1.5 million.

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Notes from meeting support Sunshine Law allegations

From Herald-Tribune: SARASOTA – Notes from a private meeting earlier this month between city officials and a downtown business group appear to support allegations that two city commissioners violated the Sunshine Law.

The notes detail a wide-ranging discussion of the city’s homelessness issues, and appear to undercut claims that city business was not discussed.

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