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Board receives refresher on Tennessee Open Meetings and Public Records laws
Summary
Counsel reviewed requirements for public notice, quorum rules, electronic participation and prohibitions on private deliberations under the Open Meetings Act and Public Records Act.
Michael Bryant, the board’s counsel, gave members a detailed refresher on the Tennessee Open Meetings Act and the Public Records Act during the Oct. 14 meeting. He outlined what constitutes a public record, what counts as a meeting and when members may participate electronically.
Bryant emphasized that government decision‑making must occur in public and that informal encounters or chance meetings cannot be used to deliberate board business. He reiterated that electronic participation is permitted but that votes must be taken by roll call to preserve transparency. Bryan cautioned that violations of the Open Meetings Act can render board actions void and may expose the department to litigation costs.
Board members asked practical questions about process—for example, whether an email cc: to multiple members could create a prohibited deliberation and whether the department could provide state email accounts. Bryant advised members not to cc the whole board on private correspondence and explained that executive sessions are narrowly tailored to legal advice and litigation matters.
No formal vote was required; the presentation was informational. Board members acknowledged the refresher and asked Bryant and staff to provide follow‑up materials.
