Knowledgebase-Special Meetings Requirements for the Ratification of Private Acts


Information Product

Title:Special Meetings Requirements for the Ratification of Private Acts
Summary:MTAS was asked whether there are special public notice and hearing requirements for the adoption of private acts by the city’s governing body.
Original Author:Hemsley, Sid
Co-Author:
Product Create Date:05/22/2006
Last Reviewed on::03/22/2010
Subject:City council--Procedure; Meetings--Planning and management; Open meetings--Laws and regulations--Tennessee
Type:Legal Opinion
Legal Opinion: Special Meetings Requirements for the Ratification of Private Acts public.wpdSpecial Meetings Requirements for the Ratification of Private Acts public.wpd

Reference Documents:

Text of Document: May 22, 2006



Dear City Manager:

You have the following question: Are there special public notice and hearing requirements for the adoption of private acts by the city's governing body?

The answer is no.

Article XI, ' 9, of the Tennessee Constitution provides that private acts require local approval by a 2/3 vote of the local government's legislative body (or by a referendum). But Article XI, ' 9 contains no special notice and hearing requirements for the approval of private acts by the local government's legislative body. Presumably, the General Assembly could establish such special requirements by general law, but it has not done so.

For that reason, private acts can be approved by a 2/3 vote of the local government's legislative body at either a regular or meeting which satisfies the notice and hearing requirements of Tennessee's Open Meetings Law.

Sincerely,



Sidney D. Hemsley
Senior Law Consultant

SDH/

Please remember that these legal opinions were written based on the facts of a given city at a certain time. The laws referenced in any opinion may have changed or may not be applicable to your city or circumstances.

Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.