Open Records Laws

Ohio Fire Company Sued For Open Meetings Violation

A volunteer fire company in Ohio that settled a public records lawsuit with four concerned citizens earlier this year, is being sued again by three of those citizens who now claim the fire company must also comply with the state’s open meetings law.

Deleting Derogatory Facebook Postings

Today’s burning question: Can I block someone from posting on our FD Facebook page, or at least hide the comments from public view, because they have been posting derogatory comments ? Answer: yes and no. Government cannot censor members of the public. Government censorship violates the 1st Amendment.

Posting Physical Abilities Test Results To Shame Employees

Today’s burning question: Our firefighters have to take a physical ability test twice a year. The fire chief posts the results with names and times on bulletin boards in each fire station. We believe his intent is to shame those who do not perform well. Is this legal?

Mass Town Challenges Open Meetings Violation

The Town of Southampton, Massachusetts, embroiled in a wrongful termination lawsuit by former deputy chief, is challenging an attorney general’s office determination that it violated the state’s open meetings law. The violation allegedly occurred when the town’s Selectmen met in executive session to "indirectly affect the employment status" of then Deputy Chief Kyle Miltimore.

Firefighter Seeks Public Records on Legal Costs of Privatization Battle

An Illinois firefighter has filed a public records suit in hopes of exposing how much local officials in a neighboring village have spent on efforts to privatize their fire department. Scott Moran, a lieutenant with the Homewood Fire Department, alleges that the Village of North Riverside refused his request for public records showing how much the village has spent on legal fees associated with hiring a private fire department.

California Supreme Court Rules on Public’s Access to Public Employees’ Personal Email and Text Messaging Accounts

The Supreme Court of California has handed down a long-awaited ruling on the applicability of the state’s public records law to work related emails and text messages sent over a public employee’s personal devices and accounts.

AZ Firefighter Sues To Obtain Air To Ground Radio Recordings from Yarnell Hill Fire

A former Arizona firefighter is suing the United States Department of Agriculture to obtain recordings and transcripts of air-to-ground radio transmissions that took place during the Yarnell Hill Fire in 2013. The fire killed 19 members of the Granite Mountain Hotshots.

Minnesota City Sues Former Firefighter Over Use of Photo

A Minnesota city is suing a former firefighter to stop him from marketing himself as a city firefighter and using of a photo depicting him in turnout gear to promote a non-profit business.

Iowa City Files Public Records Suits Over Dispatch Center

A dispute in Iowa over a county dispatch center has led to two public records suits being filed by the City of Keokuk. One of the suits names the Lee County Fire Chiefs Association and its president, Neil Gathers, while the other names the City of West Point and its leadership.

St. Louis Fire Settles Public Records Suit For EMS Responses to Abortion Clinic

The St. Louis Fire Department has settled a public records lawsuit brought by activists seeking access to information about medical responses to a Planned Parenthood abortion clinic. The lawsuit was filed in 2013 under Missouri’s Sunshine Law, seeking records of emergency medical incidents at the Planned Parenthood of Greater St. Louis abortion facility.

Fire Department Email Addresses Versus Email Forwarding

Today’s burning question: From a legal stand point would it be better to use an email forwarding system that sends work emails to firefighters’ personal email addresses or to provide each member with a true email account with log in and server space?

NJ Volunteer Fire Company Subject to Public Records Act

The Appellate Division of the New Jersey Superior Court ruled today that a volunteer fire company is subject to the state’s Open Public Records Act (OPRA) even though it is a private, non-profit membership organization.

Newspaper Sues Ohio State Fire Marshal To Release LODD Fire Records

The Cincinnati Enquirer is suing the Ohio State Fire Marshal’s Office in an effort to obtain records related to a fire that claimed the life of Hamilton firefighter Patrick Wolterman. Wolterman died on December 28, 2015 at a house fire.

Public Records and Electronic Communications

Today’s burning question: If a firefighter’s personal device such as a cellphone connects to a wireless network provided by a governmental agency, is the information transmitted automatically subject to the state’s public records law? Answer: Whether an electronic communication is a public record has nothing to do with how it is transmitted.

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