Open Meetings

Policy-Construction
(a) The general assembly hereby declares it to be the policy of this state that the formation of public policy and decisions is public business and shall not be conducted in secret.
(b) This part shall not be construed to limit any of the rights and privileges contained in article I, § 19 of the Constitution of Tennessee.

Open meetings-"Governing body" defined-"Meeting" defined
(a) All meetings of any governing body are declared to be public meetings open to the public at all times, except as provided by the Constitution of Tennessee.
(b)(1) "Governing body" means: (A) The members of any public body which consists of two (2) or more members, with the authority to make decisions for or recommendations to a public body on policy or administration and also means a community action agency which administers community action programs under the provisions of 42 U.S.C. § 2790. Any governing body so defined by this section shall remain so defined, notwithstanding the fact that such governing body may have designated itself as a negotiation committee for collective bargaining purposes, and strategy sessions of a governing body under such circumstances shall be open to the public at all times;
(B) The board of directors of any nonprofit corporation which contracts with a state agency to receive community grant funds in consideration for rendering specified services to the public; provided, that community grant funds comprise at least thirty percent (30%) of the total annual income of such corporation. Except such meetings of the board of directors of such nonprofit corporation that are called solely to discuss matters involving confidential doctor-patient relationships, personnel matters or matters required to kept confidential by federal or state law or by federal or state regulation shall not be covered under the provisions of this chapter, and no other matter shall be discussed at such meetings; or
(C) The board of directors of any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more of counties, cities, towns, and local governments pursuant to the provisions of title 7, chapter 54 or 58. The provisions of this subdivision (b)(1)(C) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more according to the 1980 federal census or any subsequent federal census.
*(b)(2) "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. "Meeting" does not include any on-site inspection of any project or program.
*(c) Nothing in this section shall be construed as to require a chance meeting of two (2) or more members of a public body to be considered a public meeting. No such chance meetings, informal assemblages, or electronic communication shall be used to decide or deliberate public business in circumvention of the spirit or requirements of this part.

Notice of public meetings
(a) Notice of Regular Meetings. Any such governmental body which holds a meeting previously scheduled by statute, ordinance, or resolution shall give adequate public notice of such meeting.
(b) Notice of Special Meetings. Any such governmental body which holds a meeting not previously scheduled by statute, ordinance, or resolution, or for which notice is not already provided by law, shall give adequate public notice of such meeting.
(c) The notice requirements of this part are in addition to, and not in substitution of, any other notice required by law.

Minutes recorded and open to public-Secret votes prohibited
(a) The minutes of a meeting of any such governmental body shall be promptly and fully recorded, shall be open to public inspection, and shall include, but not be limited to, a record of persons present, all motions, proposals and resolutions offered, the results of any votes taken, and a record of individual votes in the event of roll call.
(b) All votes of any such governmental body shall be by public vote or public ballot or public roll call. No secret votes, or secret ballots, or secret roll call shall be allowed. As used in this chapter, "public vote" means a vote in which the "aye" faction vocally expresses its will in unison and in which the "nay" faction, subsequently, vocally expresses its will in unison.

Action nullified-Exception
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.

Public Records

"Public records" defined
Public records within the county shall be construed to mean:
(1) All documents, papers, records, books, and books of account in all county offices, including, but not limited to, the county clerk, the county register, the county trustee, the sheriff, the county assessor, the county executive and county commissioners, if any;
(2) The pleadings, documents, and other papers filed with the clerks of all courts including the courts of records, general sessions courts, and former courts of justices of the peace, and the minute books and other records of these courts;
(3) The minutes and records of the county legislative body; and
(4) All documents, papers, records, books of account and minutes of the governing body of any municipal corporation within the county, or of any office or department of such municipal corporation within the definition of "permanent records," and/or "records of archival value" as defined in § 10-7-301, constitute "public records" of such municipal corporation. All documents, papers or records of any municipal corporation within the county or of any office or department of such municipal corporation which constitute "temporary records" and/or "working papers" within the definition set forth in § 10-7-301 (13) and (14) constitute "public records" of the municipality.

Government records kept on computer or removable computer storage media
(a)(1) Notwithstanding any other provision of law on the contrary, any information required to be kept as a record by any government official may be maintained on a computer or removable computer storage media, including CD ROM disks, instead of bound books or paper records if the following standards are met:
(A) Such information is available for public inspection, unless it is a confidential record according to law;
(B) Due care is taken to maintain any information that is a public record during the time required by law for retention.
(C) All daily data generated and stored within the computer system shall be copied to computer storage media daily, and the newly created computer storage media more than one (1) week old shall be stored at a location other than at the building where the original is maintained; and
(D) The official can provide a paper copy of the information when needed or when requested by a member of the public.
(2) Nothing in this section shall be construed to require the government official to sell or provide the media upon which such information is stored or maintained.
(b) In any county having a population of more than eight hundred thousand (800,000) according to the 1990 federal census or any subsequent federal census, all material that is maintained on a computer or removable computer storage media by the assessor of property that relates to information developed from the assessment of property that is a record of the final assessment of property shall be made available to the public at cost within thirty (30) days of a request by a member of the public.

Referendums

There appears to be practically no provision for the enactment of referendums in the state law of Tennessee. It is lawful for a county to hold a referendum in which voters may choose an alternative county government structure, different from the default structure imposed by the state government. But that is the exception.

Healthy government on the county and town level should allow referendums, Whenever a well-defined group of citizens demands that a question of government action be voted upon, a provision for referendum would accommodate it.