Chamber Refuses Public Open Access To Records

The Jefferson County Chamber of Commerce and the Economic Development Oversight Committee (EDOC) recently denied a request for employee salary information. The Jefferson County Post requested the information several weeks ago and was provided audit reports via the Jefferson County Finance Department, however those reports did not denote salary breakdowns or sharing of employees between the two bodies. In previous interviews, employees of both the Chamber of Commerce and EDOC indicated that there was some salary sharing between the two bodies. The information from the Finance Office did not have a breakdown of the salary items and, therefore, did not indicate what percentage of which position is covered by which organization. Following a request for individual position information, the Jefferson County Post received phone contact from the attorney for the Chamber of Commerce, Jim Gass. Attorney Gass informed the Post that his client declined to provide the requested information and that it is his opinion that they are not required to do so.

The Jefferson County Chamber of Commerce receives more than 50% of its funding from tax payer funds. Jefferson County Commission, by resolution, denotes Hotel/Motel tax to economic development. They also have a five year commitment to the EDOC for funding, which would meet the requirement of the resolution. Combined, the Chamber of Commerce and EDOC receive nearly $350,000 in funding from Jefferson County. Hotel/Motel tax is projected to fall around $150,000 short of that mark, with the remaining funding coming from other tax dollars.

The Tennessee Supreme Court established a functional equivalency test to determine if the open records act applies to a body. The three pronged test is based on level of governmental funding, extent of governmental involvement or control and if the entity was created by the government. By policy, the EDOC Board is comprised of a combination of government and private positions. Both the Chamber of Commerce and EDOC receive substantial funding from public funds. The test is not definitive, however, and, according to RCFP, only a Court of Law can make a ruling on the Open Records Act.

Beyond the request made by the Post, Attorney Scott Hurley who represents the Save our Farms and Homes group, as well as Jefferson County Tomorrow, has made official requests of EDOC. Hurley made this statement via email:

“On behalf of many Jefferson County clients, we have been requesting open meetings and open records from EDOC for some time.   Our clients believe that the meetings and records should be open to the public for three reasons.   First, EDOC receives hundreds of thousands of taxpayer dollars from the citizens of Jefferson County each year.   Second,  Jefferson County elected officials serve on EDOC.   Third, it is clear that EDOC makes decisions that impact, and in some cases dictate Jefferson County economic policy.  At this point, it would appear that EDOC only answers and responds to the Chamber of Commerce.   The citizens and taxpayers deserve to have disclosure, and they deserve to have a seat at that table.”

Jefferson County Mayor Palmieri stated that transparency is necessary, especially when tax payer funds are involved and that, considering the level of funding the Chamber of Commerce and EDOC receives from public funds, open records should be available. The Jefferson County Commission, the major funding body of public funds for both organizations, has not made an official request for open records from either body.