A proposed new law would create a new section in the Open Meetings Act that would require governing bodies to post agendas and supplemental material for upcoming meetings in a place accessible to the public for 48 hours prior to the meeting.
Sen. Todd Gardenhire is sponsoring a bill to improve citizen access to agendas of upcoming public meetings
The bill HB 23/SB 27 is being carried by state Rep. Jerome Moon, R-Maryville, and state Sen. Todd Gardenhire. State Rep. Jeremy Faison, R-Cobsy, is a co-sponsor.
The bill would require that agendas “must clearly describe the matters to be discussed.” Sometimes governing bodies in Tennessee have agendas listing only “old business” and “new business” or including only vague references to action items.
The proposed law would not prevent a governing body from taking action on matters not listed on the agenda “if the matter could not have been reasonably foreseen prior to the posting of the agenda; provided, that the governing body follows its bylaws or properly adopted rules and procedures and is in compliance with other state law.”
Citizens also would have assured timely access to supplemental meeting documents that would allow them to see exactly what the governing body will be discussing or voting on. Supplemental meeting documents would “include, but are not limited to, proposed ordinances, proposed contracts, proposed resolutions, written staff recommendations, reports, and other materials given to governing body members in advance of the meeting.”
In addition, the governing body would be required to have copies of the agenda and supplemental meeting documents available at the meeting for sharing with citizens who attend.
Rep. Jerome Moon, R-Maryville, is the House sponsor of a bill to improve citizen access to public meeting agendas. Moon is a former county commissioner of Blount County.
The proposal would allow governing bodies to meet the advance posting requirements of law by posting the agenda and meeting documents on their website.
Most states have laws that specify timely citizen access to agendas and supplemental meeting documents, as well as rules on the clarity of agendas, but Tennessee does not.
And while many governing bodies in Tennessee do post agendas and supplemental meeting documents to their websites or otherwise make them easily available before the meeting, problems have arisen with others who insist they do not have to give citizens access to material, like a proposed contract, until after a governing body has voted.
The bill would affect local governing bodies, such as boards of aldermen and school boards, as well as state boards and commissions.
Tennessee Coalition for Open Government is working with the sponsors on the initiative after observing several problems across the state in which citizens could not get access to clear agendas and meeting documents, or could not get access before the meeting.
