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published Saturday, March 14th, 2009

Hamilton County: Adams to sue to get Anderson’s East Ridge legal bills


by Matt Wilson
Audio clip

Curtis Adams

Hamilton County Commissioner Curtis Adams said Friday he will file a lawsuit on behalf of 88 East Ridge residents who signed a petition seeking to get detailed versions of City Attorney John Anderson’s bills.

“If it’s government money spent, the people deserve to know where it’s going,” Mr. Adams said.

Attorney Jack Benson Jr., who is filing the suit in Chancery Court on behalf of Mr. Adams, said it will be filed early next week. He said he does not believe the city has a sufficient reason to withhold the bills.

Mr. Adams said the dispute over the bills is similar to the three-month battle between commissioners and the county Water and Wastewater Treatment Authority over Mr. Anderson’s bills. In that case, commissioners eventually did get itemized versions of the bills without having to go to court.

Article: East Ridge pulls deal on records

WHAT’S HAPPENED

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. Officials decided Thursday night to rescind that offer.

East Ridge City Manager William Whitson said the news of the lawsuit saddened him.

“When government sues government, I think everybody loses,” he said.

Mr. Whitson said he had not yet seen the lawsuit. Mr. Anderson could not be reached for comment Friday.

At the East Ridge City Council meeting Thursday night, Mr. Whitson and Mr. Anderson told residents the bills could not be opened to the public because they are protected under attorney-client privilege.

Frances Pope, a member of a citizens’ group seeking the bills, said Elisha Hodge of the Tennessee Office of Open Records told her only certain portions of the bills would be protected under than privilege. Ms. Pope said she and others were asking for Mr. Anderson’s bills categorized as “general.”

“What is in there that would be confidential?” she asked.

Mr. Anderson said he couldn’t say, because doing so would violate attorney-client privilege.

Ms. Hodge said that is indeed the case, which presents something of a conundrum. She said even state officials could not review the documents, because if the city was to hand the bills over to the Open Records Office, they would effectively waive the privilege.

“What would have to happen is there would have to be a suit brought,” she said.

Ms. Hodge said a judge could privately review the bills, without violating attorney-client privilege, and decide if they should be made open.

Prior to the announcement of the lawsuit, East Ridge Mayor Mike Steele said officials were working on a compromise to protect the city but also open the bills to the public.

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moonpie said...

East Ridge politics continue to be the shame of our region.

Attorney-Client priviledge is designed to protect the client, not the attorney. This is especially true when the work of the city is a matter of public record!

City officials were "ready" to allow the bills to be inspected by the public, but the attorney said, "no"!

This is just silly. What's more, it's amazing that someone can make Curtis Adams look so good. (All due respect to Mr. Adams.)

March 14, 2009 at 3:56 p.m.
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