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    Lydian Coombs
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    Attorney Kevin Snider lawsuit

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    Attorney Kevin Snider lawsuit

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    8K views11 pages

    Attorney Kevin Snider Lawsuit

    Uploaded by

    Lydian Coombs
    Attorney Kevin Snider lawsuit

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 11
    ELECTRONICALLY FILED 2023 Aug 07 1:17 AML ccuenic OF COURT CHANCERY IN THE CHANCERY COURT OF SHELBY COUNTY, TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS KEVIN A. SNIDER, Petitioner, No: CH 23 - 1057, Pat Tr CITY OF GERMANTOWN, Respondent PETITION FOR ACCESS TO PUBLIC RECORDS AND TO OBTAIN JUDICIAL REVIEW OF DENIAL OF ACCESS Pursuant to the Tennessee Public Records Act, Tenn, Code Ann. §10-7-503, et seg, (the “TPRAY), Pettioner Kevin A. Snider, hereby pettions this Court for access to public records, judicial review of Respondent's decision to deny access to those public records, and for attomeys' fees and costs. Petloner also seeks declaratory relief pursuant to the TPRA and Tenn, Code Ann. § 1-3-1241, PARTIES 1. Petitioner Kevin A. Snider (Petitioner? isan attorney and a resident of Shelby County, Tennessee. He is the Founding Attorney of Snider & Homer, PLLC, and has been a licensed attorney and business owner in the Sty of Germantown since 1996, Page 1 of 7 2. Respondent, the City of Germantown (‘Respondent’), is a municipality in ‘Shelby County, Tennessee, and may be served with process though its Mayor, Mike Palazzolo, at 1990 South Germantown Road in Germantown, Tennessee. JURISDICTION AND VENUE. 3. ‘This Court has subject matter jurisdiction over this petition and venue 's proper in this Court under Tenn, Code Ann. § 10-7-506(b). This Court also has ‘Subject matter jurisdiction over this petition pursuant to Tenn, Code Ann. § 1-3-121. FAC LLEGATION: 4. Respondent provides public services — including water -to the residents and businesses within its municipal borders, 5. Respondent recently had a substantial contamination ofits water system, 6. Inthe early moming hours of July 27, 2023, and prior tothe start of Respondent's business day, the Petitioner made a written request to the Respondert for Public records related to the contamination of the Ciy’s water system. A copy of said \witten request, also copied to the City Attomey of Germantown, is attached hereto as Exhibit A, 7. ‘As such, the Respondent's response was due before the close of business ‘on Friday, August 4, 2023 (seven business days from the request), 8. As such, the Petitioner would aver that, pursuant to Tenn, Cade Ann. § 10.7- '503(a)(3), the Respondent's failure to timely respond constitutes a denial of said request. Page 2 of 7 ‘8. Upon information and belief, the requested records are not excepted from disclosure by any recognized exemption o the TPRA. 10. Moreover, upon information and belie. the requested records contain facts, are not deliberative in nature, and therefore are not covered by any asserted deliberative process privilege. 11. The Respondent did not provide an affidavit or declaration detaling grounds: for asserting that withheld records were subject to a deliberative process privilege 12. The Respondent has not provided a detailed privilege log related to the requested public records. 18, On August 7, 2023, the Respondent nally responded to the Petitioner's, request. In short, the Respondent has stated that it is not practical for the records to be ‘made promptly availabe for inspection andlor copying because the Respondent is stl in the process of retrieving, reviewing andlor redacting the requested records. A copy of the Respondent's response is attached hereto as Exhibit B +14, The Petitioner would aver that the Respondent response is nottimely and/or Proper, in thatthe public right for timely andlor immediate access to these records ‘outweighs the Respondents alleged logistical concerns of “practicalty" while the Cty of Germantown has publicly stated that thelr water fs now safe for consumption. 15. Infact, the Respondent has refused andlor otherwise flied {0 produce ANY DOCUMENTS AT ALL in response to the Petitioner's request even though some documents would certainly be available now. Page 3 of7 16. Ther is significant public interes inthe requested public records andlor ‘an immediate or expedited need to access these records, which all relate to the: substantial contamination of water within the Cty of Germantown and the Respondent's Puble postion thatthe waters now safe. The publi has aright o know the underying information and facts of how sucha situation occurred, ELIEF rovide A Records 17. Petitioner incorporates the allegations in paragraphs 1 though 13. 418, Pursuant tothe TPRA, the Petioner requested public records. 418. Respondent has denied the Peiioner access to said records 20, The records requested are pubic records because they were obtained and received pursuant to law or ordnance orn connection withthe transaction of the City's offal business. 21, No exemption apples to bar the production of the records requested bythe Petitioner. 22, The asserted deliberative process privilege has not been established by the Respondent, statute, binding case law, or other state law, and isnot an exception tothe TPRA. 23, Alteratively, tothe extent the Court finds that a deliberative process privilege has been established in Tennessee and s an exception tothe TPRA, such @ privilege would not apply o te facts and circumstances ofthis matter andlor because the public interest in these records outweighs any interests of secrecy. Page 4 of 7 24, Petitioner is therefore entitled to receive the records that were requested Under the TPRA. 25. Tenn. Code Ann. § 10-7-505(g) provides that the Court may award " ‘reasonable costs involved in obtaining the records, including reasonable attorneys! foes" ifthe government ‘knew the record was public and wilfully refused to disclose ite 28. Respondent knew that the records sought by Petitioner were public ‘and not exempt, and wilfully refused to disclose them. 27. ‘Thetefore, the Respondent should be required to produce the requested ‘records to the Petitioner, and Petitioner should be awarded reasonable costs, including reasonable attorneys’ fees inthis case, Page 5 of7 WHEREFORE, Pettione prays tha this Cour 4. Immediately issue an order, pursuant to Tenn. Code Ann. §10-7-505(b), requiing the Cty of Germantown to appear before this Court and show cause, # they hhave any, why this pettion should not be granted; 2. Grant the Pettoner a declaratory judgment that the records sought are public records under Tennessee Law, for which no exemption applies, and thatthe Respondent's failure to grant the Petitioner access to these public records constitutes a Violation ofthe TPRA, which was knowing and wif 3. {the Court does find that a deliberative process privilege exists in ‘Tennessee and isan exception tothe TPRA, order Respondent to provide the Cout with the requested public records for in-camera review and order Respondent to produce a detailed privilege log for the requested public records to the Petitioner and the Court before a second hearing to decide if the privilege applies tothe requested puble record; 4, Order the Respondent io immediately provide the Pettioner with copies of the public records they requested without charge; 5. Grant Petitioners reasonable costs and attorneys! fees pursuant Tenn, Code Ann. §10-7-505(@); 6. Grant Pettoner discretionary costs under Tenn. R. CW. P. 54; 7, Grant Petitioner such other equitable relief as may be necessary to ‘secure the purposes and intentions of the TPRA and 8. Grant Petitioner all further relief to which they may be entitled. Page 6 of 7 Respectiully submited, SNIDER & HORNER, PLLC a KEVINA SNIDER (18231) 9056 Stone Wak Place Germantown, TN 38138 ksnider@kevinsnider.com

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