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Editor's Viewpoint

New State Law Requiring Advance Agendas is Welcomed Addition

Posted

Forty-four years. That’s how long I have attended and reported from government meetings. At some meetings, I walk in with an agenda that was mailed, emailed, hand-delivered, or faxed to me in advance. Those are city government agencies with a desire to inform constituents.

Other meetings, I am clueless to what’s on the agenda. In fact, some times, only the mayor has the agenda. That also applies to board members, who arrive and have no idea what the business meeting is about.

A new state law changes that.

Deborah Fisher of the Tennessee Coalition of Open Government writes, “the Tennessee Open Meetings Act hasn’t changed too much over the years. But this year, the General Assembly made two major improvements that were a long time coming.

“The open meetings law now requires that city and county legislative bodies produce an agenda that is available to the public at least 48 hours before a meeting and that “reasonably describes” each agenda item.

“No more hiding important government business behind vague language or putting out an agenda that is only “new business” and “old business.”

“Another new law requires public comment periods in all governing body meetings in which action is planned. Many governing bodies already have public comment periods, but nothing in state law required it and some do not have them or eliminate them for various meetings.

“Both changes are good for citizens and for the people who serve on our governing bodies. They mean more information gets shared and less funny business can occur through withheld information.

“The new agenda law applies to all meetings of local legislative bodies, which include city councils, boards of aldermen and county commissions.”

It does not apply to other governing bodies, such as school boards, planning and zoning commissions and state boards and commissions.

The agenda must be available 48 hours in advance in a place accessible to the public. This place can be on the governing body’s website, but it also can be in a public building, such as a city hall, if it’s accessible to the public.

A governing body can add an item to the agenda during the meeting only if members follow their bylaws or properly adopted rules and procedures and comply with all other applicable state laws.

However, the governing body is prohibited from circumventing the advance agenda requirements for the purpose of avoiding public disclosure of business to be considered.

No cryptic agenda items can be on the agenda. It must be clear about the item addressed.

The governing body may put “reasonable restrictions” on the comment period, “such as the length of the period, the number of speakers and the length of the time that each speaker will be allowed to comment,” writes Fisher.

The governing body may require people to give notice in advance that they want to speak. The meeting notice must tell citizens how they can express their desire to speak — for example, if they need to sign up.

The law requires that the governing body take steps “to ensure that opposing viewpoints are represented fairly.”

Public comment periods are not required for meetings in which a governing body is conducting a disciplinary hearing for a member of the governing body or for a person whose profession is regulated by the governing body, such as state licensure boards.