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Reviewed Date: March 22, 2010
Meetings--Planning and management
Open meetings--Laws and regulations--Tennessee
Special Meetings Requirements for the Ratification of Private Acts
MTAS was asked whether there are special public notice and hearing requirements for the adoption of private acts by the city's governing body.
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.
Sidney D. Hemsley
Senior Law Consultant