Original Author: Hemsley, Sid
Date of Material: 05/22/2006
Meetings--Planning and management
Open meetings--Laws and regulations--Tennessee
Special Meetings Requirements for the Ratification of Private Acts
Reviewed Date: 07/19/2021
MTAS was asked whether there are special public notice and hearing requirements for the adoption of private acts by the city's governing body.
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