Tennessee § 8-44-102 - Open meetings — “Governing body” defined — “Meeting” defined.

§ 8-44-102. Open meetings — “Governing body” defined — “Meeting” defined.

All meetings of any governing body are declared to be public meetings open to the public at all times, except as provided by the Constitution of Tennessee. “Governing body” means: The members of any public body which consists of two (2) or more members, with the authority to make decisions for or recommendations to a public body on policy or administration and also means a private nonprofit community organization eligible to receive funds from the community services block grant program under 42 U.S.C. §§ 9901 - 9926. Any governing body so defined by this section shall remain so defined, notwithstanding the fact that such governing body may have designated itself as a negotiation committee for collective bargaining purposes, and strategy sessions of a governing body under such circumstances shall be open to the public at all times; The board of directors of any nonprofit corporation which contracts with a state agency to receive community grant funds in consideration for rendering specified services to the public; provided, that community grant funds comprise at least thirty percent (30%) of the total annual income of such corporation. Except such meetings of the board of directors of such nonprofit corporation that are called solely to discuss matters involving confidential doctor-patient relationships, personnel matters or matters required to be kept confidential by federal or state law or by federal or state regulation shall not be covered under this chapter, and no other matter shall be discussed at such meetings; The board of directors of any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more counties, cities, towns and local governments pursuant to title 7, chapter 54 or 58. This subdivision (b)(1)(C) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census; The board of directors of any nonprofit corporation which through contract or otherwise provides a metropolitan form of government having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, with heat, steam or incineration of refuse; The board of directors of any association or nonprofit corporation authorized by the laws of Tennessee that: Was established for the benefit of local government officials or counties, cities, towns or other local governments or as a municipal bond financing pool; Receives dues, service fees or any other income from local government officials or such local governments that constitute at least thirty percent (30%) of its total annual income; and Was authorized as of January 1, 1998, under state law to obtain coverage for its employees in the Tennessee consolidated retirement system. This subdivision (b)(1)(E) shall not be construed to require the disclosure of a trade secret or proprietary information held or used by an association or nonprofit corporation to which this chapter applies. In the event a trade secret or proprietary information is required to be discussed in an open meeting, the association or nonprofit corporation may conduct an executive session to discuss such trade secret or proprietary information; provided, that a notice of the executive session is included in the agenda for such meeting. As used in this subdivision (b)(1)(E): “Proprietary information” means rating information, plans, or proposals; actuarial information; specifications for specific services provided; and any other similar commercial or financial information used in making or deliberating toward a decision by employees, agents or the board of directors of such association or corporation; and which if known to a person or entity outside the association or corporation would give such person or entity an advantage or an opportunity to gain an advantage over the association or corporation when providing or bidding to provide the same or similar services to local governments; and “Trade secret” means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. “Meeting” means 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. “Meeting” does not include any on-site inspection of any project or program. Nothing in this section shall be construed as to require a chance meeting of two (2) or more members of a public body to be considered a public meeting. No such chance meetings, informal assemblages, or electronic communication shall be used to decide or deliberate public business in circumvention of the spirit or requirements of this part. Acts 1974, ch. 442, § 2; 1979, ch. 411, §§ 1, 2; T.C.A., § 8-4402; Acts 1985, ch. 290, § 1, 2; 1986, ch. 594, § 1; 1988, ch. 908, §§ 3, 5; 1997, ch. 346, § 1; 1998, ch. 1102, §§ 1, 3; 2018, ch. 545, § 1. Compiler's Notes. Former 42 U.S.C. § 2790 , referred to in this section, was repealed in 1981. The application of this act to certain attorney-client discussions has been held to be unconstitutional. See Notes to Decisions, 1. Constitutionality, Smith County Educ. Ass'n v. Anderson, 676 S.W.2d 328 (Tenn. 1984). For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Amendments. The 2018 amendment substituted “private nonprofit community organization eligible to receive funds from the community services block grant program under the provisions of 42 U.S.C. §§ 9901 - 9926” for “community action agency which administers community action programs under the provisions of 42 U.S.C. S 2790” at the end of the first sentence of (b)(1)(A). Effective Dates. Acts 2018, ch. 545, § 2. March 9, 2018. Cross-References. Attendance at meetings by commission on aging, § 4-3-123 . Textbooks. Tennessee Law of Evidence (2nd ed., Cohen, Paine and Sheppeard), § 501.4. Law Reviews. Publication Under the New Tennessee Uniform Administrative Procedures Act and the Public's Right to Known (John Beasley), 6 Mem. St. U.L. Rev. 187 (1976). Sunlight's Glare: How Overbroad Open Government Laws Chill Free Speech and Hamper Effective Democracy (Steven J. Mulroy), 78 Tenn. L. Rev. 309 (2011). Attorney General Opinions. Applicability to community action agencies, OAG 94-77, 1994 Tenn. AG LEXIS 80 (7/8/94). Application to county legislative body partisan caucuses, OAG 94-94, 1994 Tenn. AG LEXIS 89 (8/26/94). Discussion of confidential records at parole board meetings, OAG 95-010, 1995 Tenn. AG LEXIS 10 (3/3/95). Applicability to county regional airport authority, OAG 96-131, 1996 Tenn. AG LEXIS 153 (11/14/96). “Member of a governing body” construed, OAG 98-047, 1998 Tenn. AG LEXIS 47 (3/02/98). “Governing body” construed to include local board of education, OAG 98-0111, 1998 Tenn. AG LEXIS 11 (6/12/98). “Meeting” construed to include dismissal or suspension review hearing, OAG 98-0111, 1998 Tenn. AG LEXIS 11 (6/12/98). Applicability to economic development council organized by county commission, OAG 99-012, 1999 Tenn. AG LEXIS 2 (1/25/99). Downtown development entity subject to the Open Meetings Act, OAG 99-043, 1999 Tenn. AG LEXIS 56 (2/25/99). Applicability to exit conference between state comptroller and a governing body, OAG 99-090, 1999 Tenn. AG LEXIS 90 (4/12/99). High school assembly not subject to Open Meetings Act, OAG 99-125, 1999 Tenn. AG LEXIS 128 (6/18/99). A county memorial hospital board is a “governing body” within the meaning of T.C.A. § 8-44-102 and, therefore, meetings of the board must comply with the provisions of the Open Meetings Act, OAG 01-042, 2001 Tenn. AG LEXIS 42 (3/19/01). A single legislator's presence does not convert an otherwise private meeting of an interest group in a public facility into a meeting required to be open under the Open Meetings Act, OAG 02-131, 2002 Tenn. AG LEXIS 138 (12/12/02). If a citizen or interest group holds a meeting that could be closed to the public if held on private property, that meeting, even though held on governmental property, would be a nonpublic forum, and members of the press or public could be excluded, OAG 02-131, 2002 Tenn. AG LEXIS 138 (12/12/02). Application of Open Meetings Act to county economic development board, OAG 03-063, 2003 Tenn. AG LEXIS 81 (5/14/03). Meetings of county economic development board during which it carries out its function as a joint economic and community development board under T.C.A. § 6-58-114 are subject to the Open Meetings Act, OAG 03-091, 2003 Tenn. AG LEXIS 109 (7/24/03). Legislation placing the general assembly under the Open Meetings Act would be unconstitutional, OAG 06-038, 2006 Tenn. AG LEXIS 33 (2/22/06). A municipality's audit committee is a governing body subject to the provisions of the Open Meetings Act, OAG 06-060, 2006 Tenn. AG LEXIS 61 (4/5/06). The Tennessee school boards association appears to be a “governing body” subject to the Open Meetings Act, OAG 06-071, 2006 Tenn. AG LEXIS 80 (4/17/06). Application of Open Meetings Act to a “task force committee,” OAG 06-105, 2006 Tenn. AG LEXIS 114 (6/26/06). A land sale negotiation team appointed by a city board of mayor and aldermen was required to abide by the Open Meetings Act, OAG 07-030, 2007 Tenn. AG LEXIS 29 (3/15/07). Open Meetings Act and appointments by county legislative body. OAG 10-126, 2010 Tenn. AG LEXIS 132 (12/30/10). Applicability of Open Meetings Act to private discussions between city or county legislative body members sharing a meal together wherein city or county business or issues pending before the legislative bodies are casually discussed. OAG 12-60, 2012 Tenn. AG LEXIS 60 (6/6/12). Members of a county legislative body can establish partisan caucuses for the purpose of outlining and meeting party objectives and goals but meetings of a partisan caucus of a county legislative body may be subject to the Open Meetings Act. OAG 14-96, 2014 Tenn. AG LEXIS 99 (10/30/14). Any records obtained by a third party in conjunction with an employment search for a director of schools for a school board are public records and subject to inspection under T.C.A. § 10-7-503(f) . Additionally, if the third party is one whose “origin and authority may be traced to state, city, or county legislative action,” then its meetings are subject to the Open Meetings Act. OAG 16-16, 2016 Tenn. AG LEXIS 16 (5/4/2016).