A pair of lawmakers who in 2023 shepherded a new public comment requirement for meetings under the Open Meetings Act are seeking to expand the law to require governing bodies to allow public comment on items beyond those on the governing body’s agenda.
Elaine Davis, R-Knoxville.
State Rep. Elaine Davis, R-Knoville, and state Sen. Adam Lowe, R-Calhoun, have introduced a bill that would require governing bodies to allow public comment on “any matter that is germane to the jurisdiction of the governing body, regardless of whether such matter is an item on the agenda for the meeting.”
Citizens would be able to comment on items not on the agenda
The statute enacted in 2023 required governing bodies to reserve a period for public comment at meetings in which there were actionable items on the agenda, but limited the requirement “to matters that are germane to the items on the agenda for the meeting.”
Davis said that was too restrictive and the change would allow members of the public to bring up items that are relevant to the governing body’s work, but may not be on the agenda. Davis, who once served on the Knox County Commission, said citizens sometimes needed an opportunity to tell a governing body about issues they might not otherwise know about.
The public comment bill makes no other changes and still allows a governing body to put “reasonable restrictions” on the period of public comment and the length of time that each speaker would be allowed to provide comment.
Current public comment law, with proposed changes
Here is the law passed in 2023, with the change in boldface.
8-44-112. Reserved period for public comment — Reasonable restrictions allowed — Notice to public commenters — Applicability.
(a) A governing body shall, for each public meeting, reserve a period for public comment to provide the public with the opportunity to comment:
(1) On matters that are germane to the items on the agenda for the meeting; and
(2) On any matter that is germane to the jurisdiction of the governing body, regardless of whether such matter is an item on the agenda for the
meeting.
(b) The governing body may put reasonable restrictions on the period for public comment, such as the length of the period, the number of speakers, and the length of time that each speaker will be allowed to provide comment. The governing body may require a person to give notice in advance of the desire to offer comments at a meeting. The governing body shall take all practicable steps to ensure that opposing viewpoints are represented fairly, if any.(c) A notice for a public meeting shall indicate the manner in which a person may indicate the person’s desire to provide public comment at the meeting.
(d) This section does not apply to:
(1) A meeting of a governing body, or a portion thereof, where the governing body is conducting a disciplinary hearing for a member of the governing body or a person whose profession or activities fall within the jurisdiction of the governing body; or
(2) A meeting for which there are no actionable items on the agenda.
