Dear Reader:
The following document was created from the MTAS website (www.mtas.tennessee.edu). This website is maintained daily by MTAS staff and seeks to represent the most current information regarding issues relative to Tennessee municipal government.
We hope this information will be useful to you; reference to it will assist you with many of the questions that will arise in your tenure with municipal government. However, the Tennessee Code Annotated and other relevant laws or regulations should always be consulted before any action is taken based upon the contents of this document.
Please feel free to contact us if you have questions or comments regarding this information or any other MTAS website material.
Sincerely,
The University of Tennessee
Municipal Technical Advisory Service
1610 University Avenue
Knoxville, TN 37921-6741
865-974-0411 phone
865-974-0423 fax
www.mtas.tennessee.edu
May 9, 2003
Re: Open Meetings Act question
Dear Mayor,
Your Management Consultant has asked me whether an “intervention” meeting session which he is planning for the board of mayor and aldermen is subject to the Open Meetings Law, and therefore must be open to the public. After reviewing the facts and the purpose of the meeting, it is my opinion that the meeting does not have to be open to the public.
The Tennessee Open Meetings Act, codified at T.C.A. § 8-44-101, et seq., requires that meetings of any public body be open to the public. The definition of meeting as used in the act is
the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter.
T.C.A. § 8-44-102(b)(2). It is my understanding that the meeting your Management Consultant is planning for the board is a “team building” session, focusing on achieving better relations between the board members. He has assured me that no deliberations toward policy or decisions will occur at this meeting.
As such, the meeting planned by your Management Consultant for the board of mayor and aldermen does not have to be open to the public. The members of the board should be reminded that no deliberations or discussions concerning matters pending before the board, or matters of policy, may take place during the scheduled meeting.
I hope this information is helpful. Thank you for consulting with MTAS.
Sincerely,
Melissa A. Ashburn
Legal Consultant
Links:
[1] https://www.mtas.tennessee.edu/kb-authors/ashburn-melissa
[2] https://www.mtas.tennessee.edu/system/files/knowledgebase/legal/Open%20Meetings%20Act%20Question%20public.doc
DISCLAIMER: The letters and publications written by the MTAS consultants were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications may have changed and/or the technical advice provided 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 website.
|
