The evidence in support of creating an independent ombudsman on
open meetings and records keeps mounting. We urge Gov. Phil Bredesen to keep
pushing for the creation of the position and for the creation of an independent
advisory board to oversee the work of the ombudsman. The time to act is now.
The latest piece of evidence comes in the form of a dispute between the newly
formed state Ethics Commission and the Tennessee Bar Association. The TBA
contends that members of the ethics commission are circumventing the state's
Sunshine Law by discussing an opinion via e-mail. The commission's director,
Bruce Androphy, says the communication is protected because it falls under the
attorney-client privilege exception to the law.