Tennessee Open Meetings Act FAQs

The Tennessee Open Meetings Act defines a “meeting” as “the convening of a governing body of a public body to make a decision or to deliberate toward a decision on any matter.” A “governing body” is generally defined as “the members of a public body [consisting] of two or more members … with the authority to make decisions for or recommendations to a public body on policy or administration...”  with other specific provisions related to certain entities. Tenn. Code Ann. § 8-44-102. 

Meetings of a group that is formed by a single individual, such as a county mayor or dean of an educational institution, are not “meetings” covered by the Open Meetings Act. On-site inspections, chance meetings, and informational workshops are also not considered “meetings” under the Act, so long as there is no discussion or deliberation toward a decision that must be voted on by a a governing body. Advisory meetings with attorneys regarding anticipated or ongoing litigation are also exempt from the Tennessee Open Meetings Act, but actual decisions regarding litigation must be made at an open public meeting. 

Adequate public notice is not defined in the Tennessee Open Meetings Act. Tennessee courts have determined that adequate public notice is sufficient notice under the circumstances that would fairly inform the public of the meeting. Memphis Publ'g Co. v. City of Memphis, 513 S.W.2d 511, 513 (Tenn. 1974).

The Tennessee Open Meetings Act grants the public the right to attend and observe public meetings. It also requires governing bodies to provide a period for public comment at every meeting where there is an actionable item on the agenda. Commenters before a state governing body may provide comments on any matter germane to the items on the agenda, and commenters before a local governing body may provide comments on any matter that is germane to the jurisdiction of the local governing body.  The governing body may put reasonable restrictions on the period for public comment, such as the number of speakers or the time period for public comment. A governing body must take all practicable steps to ensure that opposing viewpoints are fairly represented. Tenn. Code Ann. § 8-44-112. 

The Tennessee Open Meetings Act provides that the formation of public policy is public business and must not be conducted in secret. Tenn. Code Ann. § 8-44-101(a). To accomplish this goal, the Tennessee Open Meetings Act requires that all meetings of a governing body be open to the public, that a governing body provide adequate public notice of the meeting, and in certain circumstances, that the governing body provide a period for public comment. Tenn. Code Ann. §§ 8-44-102, 8-44-103, & 8-44-112. A state governing body or a local governmental body, as defined, must make the agenda for an upcoming regular meeting available to the public at least forty-eight hours in advance of the hearing. Tenn. Code Ann. § 8-44-110.  

The Tennessee Open Meetings Act requires governing bodies to provide adequate public notice of their meetings. Tenn. Code Ann. § 8-44-103. Although most governing bodies must make the agenda of a public meeting available at least 48 hours prior to a meeting, TOMA does not require the meeting notice to include the contents of a regular meeting. Lewis v. Cleveland Mun. Airport Auth., 289 S.W.3d 808 (Tenn. Ct. App. 2009); Tenn. Code Ann. § 8-44-110. Notice of a special-called meeting must include the purpose for which the meeting is being called. Fisher v. Rutherford Cnty. Reg'l Plan. Comm'n, No. M2012-01397-COA-R3CV, 2013 WL 2382300, at *1 (Tenn. Ct. App. May 29, 2013). For meetings requiring a period for public comment, the meeting notice must disclose how a person may indicate their desire to provide public comment at the meeting. Tenn. Code Ann. § 8-44-112. 

The Tennessee Open Meetings Act generally only allows members of state governing bodies to participate by electronic means. Tenn. Code Ann. § 8-44-108. Such authority does not generally exist for city and county governing bodies. Elected governing bodies of counties, cities, metropolitan governments and school boards may establish an internet forum as provided in Tenn. Code Ann. § 8-44-109. However, such internet forums cannot act as a substitute for decision-making by a governing body at a meeting held in accordance with the Tennessee Open Meetings Act. 

A local governing body may allow electronic participation for a meeting of “members of a community in a political subdivision to discuss and receive information about community public business,” provided certain requirements are followed. Tenn. Code Ann. § 8-44-108. 

Actions taken at a meeting in violation of the Tennessee Open Meetings Act, other than actions related to public indebtedness, are void.  Tenn. Code Ann. § 8-44-105. If a court finds that a violation occurred, the court’s findings regarding a violation must be filed with the meeting minutes and the governing body must file semi-annual reports while under the court’s jurisdiction for one year. Tenn. Code Ann. § 8-44-106. 

If a court finds that a governing body knew that a meeting was subject to the requirements of the Tennessee Open Meetings Act and willfully refused to comply, the court may, in its discretion, assess all or part of the reasonable costs incurred by the petitioners, including reasonable attorneys' fees, against the governing body. Id.  

A state governing body or a local governmental body, as defined, is required to make available to the public, at no charge, the agenda in a place accessible to the public at least forty-eight (48) hours prior to a regular meeting. The agenda must reasonably describe what will be deliberated or acted upon at the meeting. If the governing body maintains a website, it must make the agenda available to the public through the website. The website is considered a place that is accessible to the public for purposes of this provision.  

The governing body can still discuss or act on items that are not on the agenda, as long as the body follows all of its bylaws, rules, and procedures. If a body is found to violate the requirement to publish an agenda, a court may find the body to have violated the Tennessee Open Meetings Act.   Tenn. Code Ann. § 8-44-110.