Whats the Secret

Not sure how many have seen it, but a couple weeks ago, Lenoir City government released a slick video, supposedly about the city, but in my opinion it's more of a Re-elect Tony video. I have no idea who did the video, if it was the high school IT classes for free or if it was a high end video company but I thought it might be interesting to see how much the tax payers paid for the video.

I'm sure by posting the video here, it'll get more views than it's been getting but I think the tax payers should see what they are getting for their money. You'll notice Aikens is in the video more than anyone else.

The theme of the video is, Lenoir City, We're Here For You. I can only assume it's being marketed to residential developers all over the country.

Click Here For Video

On January 3rd, I put in a records request for the costs associated with the production of the video. On January 11th, I received two replies from Lenoir City manager, Amber Scott Kelso, informing me she denied my request due to the ongoing litigation between the county over the city's two illegal annexations. She cc'd city attorney, Walter Johnson.

What's the secret? Just how much did the city spend for the Aikens video?

I went back and read the Tennessee open records laws, and nowhere does it say requested documents could be denied for Kelso's reason. Secondly, however much the city spent on the production of the video, has nothing, what so ever, to do with Lenoir City's two illegal annexations.

I'm pondering what to do on this one. Legal action is provided for in the law. We'll see what turns up.

Below are the emails between myself, and Ms. Kelso and below that is the state law on open records requests.

To: Amber Scott Kelso akelso@lenoircitytn.gov, Amber Scott ascott@lenoircitygov.com
Jan 3 at 6:32 AM

Please see attached records request.

Thanks

Van Shaver

Please provide any and all documents pertaining to the recently posted Youtube Video by McCosh Films – Lenoir City – v1, “Here For You”

To include:

RFP, RFQ, Bid Notices, Bid Documents, Cost Estimates, Billed or Unbilled Invoices, Invoices of Any Kind For Product, Final Cost For Product

Amber Scott Kelso akelso@lenoircitytn.gov

To: sarahlccom@aol.com (Van Shaver)

Cc: Walter Johnson wjohnson@lenoircitytn.gov

Jan 11 at 4:47 PM

Mr. Shaver:

Good afternoon. I am unable to fulfill your request.

Your request will now be turned over to our City Attorney for handling due to the ongoing legal matters between the City of Lenoir City and Loudon County. Please let our City Attorney know if you would prefer him to deal with your attorney or the County’s attorney.

Thank you,

Amber Scott Kelso
City Administrator

Amber Scott Kelso akelso@lenoircitytn.gov

To: sarahlccom@aol.com (Van Shaver)

Cc: Walter Johnson <wjohnson@lenoircitytn.gov>
Jan 11 at 4:59 PM

Mr. Shaver:

Good afternoon. I am unable to fulfill your request.

Thank you,

Amber Scott Kelso
City Administrator

Amber Scott Kelso akelso@lenoircitytn.gov

Cc: Walter Johnson wjohnson@lenoircitytn.gov
Jan 11 11:07 pm

Amber and Esquire Johnson,

Seriously? You all really want to go down this road?

Don't know who is advising you in this matter but you and whomever knows this is not a legal denial.

A request for city action documents and expenditures has absolutely nothing to do with the current lawsuit brought by Loudon County against Lenoir City for two illegal annexations.

I have reviewed the TPRA (Tennessee Public Records Act) for any exemption to an open records request on the basis you gave. Of course there's none. It might be wise for you, esquire Johnson and mayor Aikens to also review TPRA.

There are actions a denied requestor can take to gain access to the records you are with holding.

Van Shaver

Amber Scott Kelso akelso@lenoircitytn.gov

To: sarahlccom@aol.com (Van Shaver)
Jan 11 11:08 pm

I will be out of the office beginning Friday, January 12, 2024 and will not return to the office until Monday, January 22, 2024. I will check my e-mails periodically.

If you need immediate assistance, please contact City Hall at 865-986-2715.

Thank you,

Amber Scott Kelso
City Administrator

Click Here For State Law On Open Records

Tennessee Public Records Act

All documents made or received by city/town officials and employees related to city/town business are subject to the Tennessee Public Records Act (hereinafter "TPRA"). Records custodians must respond as promptly as possible, but if it is not possible to provide the requested records promptly, records custodians must, within seven business days of receiving a public records request, either produce the requested records, deny the request in writing or on a records request response form developed by the Office of Open Records Counsel (hereinafter "OORC"), with the basis for the denial included or provide an estimated time frame for production of the requested records in writing or on the OORC's records request response form. Failure to do so constitutes a denial of the request and gives the requestor the right to file a public records lawsuit. T.C.A. § 10-7-503. Additionally, if copies are requested, a records custodian must provide the requestor with an estimate of the cost of copies. The estimate should be provided as soon as possible.

If a citizen of Tennessee is denied access to requested records, the individual may petition a chancery or circuit court for copies or inspection of the requested records. The burden of proof is on the city/town officials or employees, who must justify the denial by a preponderance of evidence. State law instructs courts hearing these cases to construe the TPRA as broadly as possible to give citizens of Tennessee "… the fullest possible public access to public records". T.C.A. § 10-7-505 (d). If a court determines that a city/town has violated the TPRA, the city/town may be assessed costs. Additionally, if a court determines that the city/town employee or official "willfully refused" access to the requested records, the city/town can also be assessed attorney's fees. When determining whether a city/town willfully violated the TPRA, the court may consider guidance provided to the city/town by the OORC, which is discussed below. T.C.A. § 10-7-505(g). An official required to provide access to requested records will not be civilly or criminally liable for providing access. T.C.A. § 10-7-505(f).