Meetings of Tennessee School Boards:
Questions and Answers Regarding the Tennessee Open Meetings Act

What is the Open Meetings Act?

The Open Meetings Act states generally that it is the public policy of Tennessee that the formation of public policy is the public’s business and shall not be conducted in secret. Sometimes called the “Sunshine Law,” the Act is remedial; therefore, it should be construed broadly to promote openness and accountability in government, and to protect the public against closed door meetings at every stage of a governmental body’s deliberations.

Are school boards a governmental body as defined by the Act?

Yes. A governing body means members of any public body that consists of two or more members with the authority to make decisions for or recommendations to a public body on policy or administration…. School boards are clearly a governmental body as defined by the Act.

Do school board meetings constitute “public policy making,” whereby subjecting school boards to the Open Meetings Act?

Yes. (Dorrier v. Dark, 537 S.W.2d 888 (Tenn. 1976)). The term “Public body” is intended to include any board, commission, committee or any other body by whatever name whose origin may be traced to state, city or county and whose members have authority to make decisions or recommendations on policy or administration. It is well settled in Tennessee law that school boards are subject to the guidelines of the Open Meetings Act.

What exactly defines a “meeting of the school board,” in whole or in part, which is subject to the Open Meetings Act?

According to the Act, “meeting” means the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter. An Attorney General Opinion states that two or more members of a governing body should not deliberate toward a decision on public business without complying with the Act. “To deliberate is to examine and consult in order to form an opinion … [T]o weigh arguments for and against a proposed course of action.” Neese v. Paris Special Sch. Dist., 813 S.W.2d 432 (Tenn.Ct.App. 1990). A meeting specifically does not include any on-site inspection of any project or program

What are the Notice requirements for school board Meetings under the Act?

“ Adequate notice” must be provided to the public of all regular and special meetings of governmental bodies. Notice of a public meeting must be posted in a location where a member of the community could become aware of such notice. The contents of the Notice must reasonably describe the purpose of the meeting or the action proposed to be taken. Additionally, notice must be posted at a time sufficiently in advance of the meeting in order to give citizens an opportunity to become aware of, and attend the meeting. Englewood Citizens v. Englewood, (Tenn.Ct.App. 1999).

Do school boards have to record minutes at every meeting? What information must they contain and are they open for the public to review?

Yes. Minutes of every meeting shall be “promptly and fully recorded.” Minutes must contain, but are not limited to, a record of persons attending, all motions, proposals and resolutions offered, the results of any votes taken, and a record of individual votes in the event of a roll call. The minutes also shall be made available for public inspection

If a controversial matter is up for a vote, or a person’s employment is at issue, may the school board take the vote by secret ballot?

No. All votes shall be by public vote or public ballot or public roll call. This means a verbal response of “aye” or “nay.” No secret votes, secret ballots, or secret roll calls shall be allowed.

May a school board member and superintendent discuss items on the agenda of a board meeting without violating the open meetings act?

A superintendent is not a member of a public body as defined by the Act. Therefore, there is no “meeting” as defined by the Act. However, this response refers to one board member talking to the superintendent. If there are two board members or more talking to the superintendent about items on the school board’s agenda, it is likely subject to the Act.

Are telephone conversations between two school board members subject to the guidelines of the open meetings act?

Any time two or more school board members are deliberating an issue, they are subject to the provisions of the open meetings act. Therefore, if the two members are having a telephone conversation about school board matters, and possibly deliberating, that is a violation. However, conversation between two members about some unrelated topic is probably not a violation.

Are e-mails between school board members subject to the open meetings act?

This answer is about the same as above. If there is deliberation about a public matter between two or more school board members, no matter what the medium, that is communication which is subject to open meetings law.

What is the penalty for violating the open meetings act?

Tennessee Code Annotated section 8-44-105 states that, “any action taken at a meeting in violation of this part shall be void and of no effect; provided, that this nullification of actions taken at such meetings shall not apply to any commitment, otherwise legal, affecting the public debt of the entity concerned.” Tenn. Code Ann. section 8-44-16 states that courts with equity jurisdiction have the authority to issue injunctions, impose penalties, and otherwise enforce the provision of the open meetings act. The court is required to file written findings of fact and conclusions of law. If it finds a violation, the court “shall permanently enjoin any person adjudged by it in violation of this part from further violation….” Further, the statute states that each separate occurrence of meetings, held in violation of the law, constitutes a separate violation. Any final judgment or decree “shall” state that the court will retain jurisdiction over the parties and subject matter for one year from the date of entry of the judgment, and the defendants are required to report to the court, semiannually of their compliance with the court’s order.

Does the open meetings act prohibit board members from participating in social functions attended by other board members?

No. Tenn. Code Ann. section 8-44-102(d) expressly permits “chance meetings, informal assemblages, or electronic communication” as long as they are not “used to decide or deliberate public business in circumvention of the spirit or requirements” of the Act.