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Special Meetings Requirements for the Ratification of Private Acts

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Reviewed Date: March 22, 2010

Original Author: 
Hemsley, Sid
Date of Material: 
May 22, 2006


Subjects:
City council--Procedure
Meetings--Planning and management
Open meetings--Laws and regulations--Tennessee

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.




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/

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