A Wilson County resident filed a lawsuit against a private company that operates and provides service on behalf of the Water Authority, alleging it unlawfully denied public records requests.
The resident, Ken Young, said two records requests through the Tennessee Public Records Act (TPRA) were denied by Adenus Group, LLC, the master service provider for the Water and Wastewater Authority of Wilson County (WWAWC). Although Adenus is a private entity, Young believes since they operate as a utility providing public services, the TPRA applies.
According to the lawsuit, Adenus attorney Jeff Risden鈥檚 reason for denial of records was because Adenus is not a governmental entity or public utility, and therefore is not subject to the TPRA.
WWAWC representatives reportedly said the Authority did not have the records Young was requesting and directed him to contact Adenus, leading to the denial and filing of the lawsuit..
The first request was for payment records by Adenus to any entity on the sewer system at LaGuardo Elementary School, such as subcontractors for engineering, design, construction or other services which supported the school project. The second was for financial records between April 2023 and May 2026 documenting payments from Adenus to entities tied to the operation of WWAWC鈥檚 Sunset Harbor Treatment Facility.
LaGuardo Elementary鈥檚 wastewater disposal system is tied to the nearby Academy Road Treatment Facility owned by WWAWC, which along with the Sunset Harbor facility, have received numerous notices of violation from the Tennessee Department of Environment and Conservation and are at the center of a lawsuit filed by the Southern Environmental Law Center accusing WWAWC of violating the Clean Water Act.
Tennessee courts have established that private entities that provide public services, such as utilities, become the 鈥渇unctional equivalent of a governmental agency鈥 and that records must be made available for public inspection. The lawsuit states that because Adenus is the master service provider for the Water Authority鈥檚 STEP systems, it is intertwined with the Authority, and according to Young, more than just 鈥渢he functional equivalent鈥 as the agreement for master service provider is for perpetuity.
Young has attended numerous public meetings, from the WWAWC Board of Commissioners to the Wilson County Commission. Young specifically requested the County Commission to remove and replace WWAWC Director Chris Leauber. While County Mayor Randall Hutto repeatedly stated that the county government does not exercise control over the Authority, the WWAWC Board of Commissioners is appointed by the Mayor and confirmed by the County Commission.
Additionally, the WWAWC website states the Authority 鈥渋s a public and governmental body acting as an agency and instrumentality of Wilson County,鈥 seemingly contradicting statements made by county leaders.
鈥淚 make no apologies for asking to see public records, and I know I am over the target when they are hard to obtain,鈥 Young said.
Adenus has not responded to requests for comment.
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