East Ridge pulls deal on records

A proposed compromise involving East Ridge Attorney John Anderson’s legal bills won’t work because it would cause the city to waive its attorney-client privilege, Mr. Anderson and City Manager William Whitson said Thursday evening.

“Once it’s gone, it can never be retrieved,” Mr. Whitson said at the East Ridge City Council meeting.

City officials earlier this week proposed a compromise in which the public could view detailed versions of Mr. Anderson’s bills if each person requesting to see them signed a so-called indemnity agreement. Under the agreement, the person could not photograph, photocopy, take notes on or otherwise record or discuss what is in the documents.

Mr. Whitson said the city was going “the extra mile” with that agreement.

But upon advice from Elisha Hodge with the Tennessee Office of Open Records, Mr. Anderson said “the indemnity agreement probably would have acted to waive the privilege.”

As a result, Mr. Whitson suggested the documents stay closed.

East Ridge resident Frances Pope, a member of a group of citizens seeking to inspect Mr. Anderson’s bills, said she also had been in touch with Ms. Hodge.

Ms. Pope said Ms. Hodge quoted case law in an e-mail, stating that the billing information is protected only if it reveals “the motive of the client in seeking representation, litigation strategy or the specific nature of services performed, such as researching particular aspects of the law.”

Ms. Pope asked Mr. Anderson if the details of his bills categorized as “general,” which is what she and others have requested, fit that criteria.

Mr. Anderson said he couldn’t answer that question.

“If I responded to that, I’d be waiving the privilege,” he said.

Frank Gibson of the Tennessee Coalition for Open Government said only information regarding pending litigation, and then only in specific circumstances, could be redacted from a public body’s legal documents. He said East Ridge could not have legally prohibited citizens from copying documents if the city made them available.