Wilson County commissioner reads Comptroller opinion, urges TOMA training

Lauren Breeze, identified in the meeting as County Commissioner for District 18, read an email from Seth May, assistant general counsel at the Tennessee Comptroller's Office, saying the Tennessee Open Meetings Act (TOMA, TCA 8-44-1-110) requires agendas to be posted at least 48 hours in advance but allows non-agenda matters to be addressed if a body follows its bylaws and other state laws.

"Based on my review of the recording, your motion appeared relevant to the topic being discussed," Breeze read, adding that because the subject (the school budget and the insurance fund) was tied to an agenda item, "it could have been considered without violating TOMA." Breeze said she contacted the Comptroller's office after being told at a prior meeting she could not raise a motion that had not been posted on the agenda.

Unidentified Speaker (S3), responding later in the meeting, said he would "err on the side of caution" in similar situations: "If we make a mistake and we get sued, nobody from the state comes to defend you. I've got to do that. So I'm always gonna air on the side of caution." The speaker urged members to put significant spending items on the agenda to avoid legal risk.

Breeze told the committee a training session is scheduled for June 10 at 10 a.m., run by the Council of Open Records, and encouraged attendance to clarify how the county should handle non-agenda motions and new-business items.

The matter will return to committee practice and agenda-setting procedures; no formal change to local rules or bylaws was recorded during the meeting.