Tennessee § 8-44-108 - Participation by electronic or other means.

§ 8-44-108. Participation by electronic or other means.

As used in this section, unless the context otherwise requires: “Governing body” refers to boards, agencies and commissions of state government, including state debt issuers as defined in this section and municipal governing bodies. For the purpose of this section only, “municipal governing bodies” means only those municipal governing bodies organized under title 6, chapter 18, and having a city commission of three (3) members, and having a population of more than two thousand five hundred (2,500), according to the 2000 federal census or any subsequent federal census; “Meeting” has the same definition as defined in § 8-44-102; “Necessity” means that the matters to be considered by the governing body at that meeting require timely action by the body, that physical presence by a quorum of the members is not practical within the period of time requiring action, and that participation by a quorum of the members by electronic or other means of communication is necessary; and “State debt issuers” means the Tennessee state funding board, Tennessee local development authority, Tennessee housing development agency, and Tennessee state school bond authority, and any of their committees. A governing body may, but is not required to, allow participation by electronic or other means of communication for the benefit of the public and the governing body in connection with any meeting authorized by law; provided, that a physical quorum is present at the location specified in the notice of the meeting as the location of the meeting. If a physical quorum is not present at the location of a meeting of a governing body, then in order for a quorum of members to participate by electronic or other means of communication, the governing body must make a determination that a necessity exists. Such determination, and a recitation of the facts and circumstances on which it was based, must be included in the minutes of the meeting. If a physical quorum is not present at the location of a meeting of a governing body other than a state debt issuer, the governing body other than a state debt issuer must file such determination of necessity, including the recitation of the facts and circumstances on which it was based, with the office of secretary of state no later than two (2) working days after the meeting. The secretary of state shall report, no less than annually, to the general assembly as to the filings of the determinations of necessity. This subdivision (b)(3) does not apply to the board of regents, the board of trustees of the University of Tennessee, the Tennessee higher education commission, a state university board, or an advisory board for a University of Tennessee system if the advisory board has had a physical quorum present at the location of the advisory board meeting at least one (1) time in the previous twelve (12) months. Nothing in this section shall prohibit a governing body from complying with § 8-44-109. Any meeting held pursuant to the terms of this section shall comply with the requirements of the Open Meetings Law, codified in this part, and shall not circumvent the spirit or requirements of that law. Notices required by the Open Meetings Law, or any other notice required by law, shall state that the meeting will be conducted permitting participation by electronic or other means of communication. Each part of a meeting required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting. Each member participating electronically or otherwise must be able to simultaneously hear each other and speak to each other during the meeting. Any member participating in such fashion shall identify the persons present in the location from which the member is participating. Any member of a governing body not physically present at a meeting shall be provided, before the meeting, with any documents that will be discussed at the meeting, with substantially the same content as those documents actually presented. All votes taken during a meeting held pursuant to the terms of this section shall be by roll call vote. A member participating in a meeting by this means is deemed to be present in person at the meeting for purposes of voting, but not for purposes of determining per diem eligibility. However, a member may be reimbursed expenses of such electronic communication or other means of participation. Notwithstanding this chapter to the contrary, members of an emergency communications district board of directors may participate in meetings by any electronic means approved by such board. A board member who participates in a meeting electronically under this subsection (d) is present for purposes of creating a quorum and voting on matters presented to the board for consideration during the meeting to the same extent as a board member who is physically present at the meeting. Subdivisions (c)(1), (2), and (3) shall apply to meetings held pursuant to this subsection (d). Acts 1990, ch. 815, § 1; 1999, ch. 490, § 1; 2005, ch. 82, § 1; 2008, ch. 923, § 1; 2012, ch. 1054, § 3; 2017, ch. 217, § 2; 2020, ch. 692, § 2. Compiler's Notes. Former § 8-44-110 , which provided that subdivision (b)(4) be repealed on July 1, 2011, was repealed by Acts 2009, ch. 175, § 1, effective May 7, 2009. Acts 2008, ch. 923, § 3 provided that the office of open records counsel shall study the issue of governing bodies allowing electronic communication between members by means of computer conferencing on the Internet. Acts 2012, ch. 1054, § 5 provided that the act, which amended subdivision (b)(3), shall be implemented within the existing resources of the higher education systems. For table of populations of Tennessee municipalities see Volume 13 and its supplement. Amendments. The 2017 amendment added (d). The 2020 amendment rewrote the former last sentence of (b)(3), which read: “This subdivision (b)(3) shall not apply to the board of regents, to the board of trustees of the University of Tennessee or to the Tennessee higher education commission.”. Effective Dates. Acts 2017, ch. 217, § 3. April 28, 2017. Acts 2020, ch. 692, § 4. June 11, 2020. Cross-References. Reporting requirements satisfied by notice to general assembly members of publication of reports, § 3-1-114 . Attorney General Opinions. County school board — telephone meeting, OAG 99-152, 1999 Tenn. AG LEXIS 156 (8/16/99). Parole grant hearings may be conducted by the use of two way video conferencing, OAG 05-175, 2005 Tenn. AG LEXIS 177 (12/13/05). The members of the Underground Utility Damage Enforcement Board may receive reimbursement for travel expenses or per diem for travel and incidental expenses incurred in attending Board and executive committee meetings. The Board may include in its “annual operating cost” expense reimbursements and per diem allowances. It must adhere to the quorum requirements of T.C.A. § 8-44-108(b)(1) but may, under appropriate circumstances, invoke the “necessity” provisions, which allow for a quorum by electronic or other means when there is a demonstrable necessity. OAG 16-25, 2016 Tenn. AG LEXIS 25 (7/15/2016).