Every local government has a contact person for public records requests. They're called, public records custodians. In Lenoir City that person is city manager, Amber Kelso. Under state law, records custodians, for the most part are required to provide the requested documents within seven days or to let the requestor know the request will take longer than seven days. 

For the most part, Ms. Kelso is usually pretty good to provide the documents I request but then there are other times, like now.

For several months, I've been following the illegal annexation by the city on Hwy 70 West. I've acquired meeting minutes, resolutions and other documents pertaining to the annexation. 

On December 8th, I sent a records request to Lenoir City manager, Amber Kelso. I asked for Lenoir City Planning Commission agenda and minutes when the WNW property on highway 70 was recommended for annexation.

Apparently this request was just too difficult to come up with or someone in Lenoir City government doesn't want me to have the documents. Is it incompetence on the part of Ms. Kelso, absolutely not. What has to be understood is, in Lenoir City, no one and I mean no one, is allowed any independent thought or decision making. Mayor Tony Aikens makes all the decisions for everyone. Do I believe Ms. Kelso could provide a couple of documents quickly if she were allowed to? Sure she could. Obviously, somebody doesn't want me to have the documents.

Below is the email chain requesting the documents. You be the judge of what's going on.

For contrast, first I've included a similar request I made to the county public records custodian, Anita Wells. I think it took 14 minutes. This is the difference between an open, honest county government and a closed, secret city government run by one person.  

Dec 30 at 8:58 AM

Ms. Wells,

Would it be possible for you to give me the October 11, 2022 Loudon County Planning Commission agenda and meeting minutes?

Thanks

Van
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Dec 30 at 9:12 AM

Van,

Good morning!  Please see attachment.

Thanks,

Anita Wells
Office of the County Mayor

On December 8th, I sent a records request to Lenoir City manager, Amber Kelso. I asked for Lenoir City Planning Commission agenda and minutes when the WNW property on highway 70 was recommended for annexation.
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December 16

Amber,

 

I believe it has been seven days since my last records request. Just wanted to follow up on the status.
 

Thanks

 

Van 
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December 16
Mr. Shaver: 
 

I apologize, but I believe today is the sixth business day. We have been quite busy with end of year items. As you know, and you customarily do, you sent this to me after business hours on December 7th. 

 

Thank you,

Amber
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December 16
Amber,

You are correct, you should have had my request in your inbox on the morning of December 8. I think the math would show that today is day seven. I could be wrong.

Thanks

 

Van
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December 16
Mr. Shaver

 If that is the case, I will need additional time due to end of year tasks. 

 

Thank you. 
Amber
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December 16
Amber

If that's the case?  Sure no problem. 

Van
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December 20
Amber,

9 business days have passed since my last records request. Just wanted to check status of request. 
 

Van  
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December 20
Mr. Shaver:

 

I am still working on your request. 

 

Thank you for your patience. 

 

Amber
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December 22

Amber

Day 11, just checking in. Wouldn't have thought minutes and an agenda would have been that difficult to provide.

 

 Van   
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 December 22
Auto Reply

I am out of the office on leave beginning Thursday, December 22nd with limited access
to e-mail.  I will return to the office on Tuesday, January 3rd.

                       

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

 

Thank you,

Amber Scott Kelso

City Administrator

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December 27
Mr. Shaver:

 

Good morning. I hope you had a wonderful Christmas.

 

Per our City Attorney, I am responding to communicate that due to the correspondence that was sent from Loudon County’s counsel dated December 21, 2022, I will be unable to respond to your Open Records Request.  Any type of request regarding this matter will need to either be sent to the attorney representing Loudon County or to Lenoir City’s attorney.

 

I am unsure if you will receive this e-mail today due to the County Offices being closed, but Lenoir City’s Offices are open.  Therefore, I wanted to proceed with sending this.

 

Thank you,

 

Amber Scott Kelso

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December 27
Amber,
 

Given the fact that I requested the information on December 8th, long before any conversation of the illegal annexation had been taken up, seems a bit strange that now all of a sudden the information isn't available except by way of an attorney. 

 

My request was for me personally having nothing to do with the county. No lawsuits have been filed nor legal actions taken. 

 

I believe the city is just withholding public information to be difficult. That's OK,  you know I'll get it at some point. Withholding the information won't change anything.

 

Van
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December 27, at the direction of Ms. Kelso, I sent the same, original request to Lenoir city attorney, Walter Johnson

 

Esquire Johnson,

 

Per city manager, Amber Kelso's email of today, 12/27/22, I am submitting to you the same public records request I submitted to her back on December 8th, 2022. 

 

Please see attachment for records request.

 

Van Shaver
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December 30
(To Van Shaver)
 

Thank you for your email.  Attached hereto is a copy of a letter we received last week from Kyle Baisley stating that he had been retained to represent Loudon County in a dispute with Lenoir City over annexation issues.  In view of the fact that you are a member of the Loudon County Commission, arguably you are his client, and also since your contact with me is in regard to a matter that is the subject of his letter, I do not believe that it is appropriate for me to contact you directly.  

I have a telephone conference scheduled for next week with Mr. Baisley, and I will bring this matter to his attention.  I am also sending him a copy of this email.

Sincerely,
Walter Johnson
TBN 011014
City Attorney
Lenoir City, Tennessee
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December 31

Mr. Johnson,

Thanks for your response. The reason I contacted you was at the direction of city manager, Ms. Kelso. 

 

My records request was not on behalf of Loudon County but for myself. You may not be aware, but I manage a local news website. In fact it's the most read local news outlet in the county. My records request was for information for my website. 

 

Seems since my original request was made nearly two weeks prior to your receipt of the letter from Mr. Baisley, my request should be provided. 
 

Seems the city is just digging the hole deeper by denying public records.
 

Van Shaver   
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