Tennessee Code Annotated (TCA) 8-44
Open Meetings Law (Tennessee Sunshine Law)

Tenn. Code Ann. § 8-44-101, et. seq
The formation of public policy and decisions is public business and shall not be conducted in secret.
Construed broadly in favor of the public.
Provides the right to attend AND the right to participate.
Applies to all “meetings” of any “governing body.”

What is a “Governing Body”?
Members of a public body of 2 or more members with authority to make decisions for or recommendations to a public body on policy or administration.
“Public Body”
 1. Origin or authority traced to state, city or county
legislative action; and
 2. Possess authority to make decisions or
recommendations concerning policy or administration.

What is a “Meeting”?
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.
“Deliberation” about an issue a quorum would have to vote upon
 Weigh arguments for or against a proposed course of action

TOMA Requirements
“Meetings” must be open to the public
“Adequate Public Notice”
Agenda 48 hours in advance
Meeting Minutes
 Persons present
 Motions, proposals and resolutions offered
 Results of any votes
All votes by public vote, public ballot or public roll call
Opportunity for public comment

“Adequate Public Notice”
Under the totality of the circumstances, does notice give interested citizens a reasonable opportunity to exercise their right to attend?
Regular Meeting: Only Time & Place of Meeting
Special Meeting:
 Reasonably describe proposed actions to be taken or decisions to be made
 Cannot discuss other matters during the meeting

Public Comment Period
Still relatively new provision, effective July 1, 2023
Requires a governing body for each public meeting reserve time for public comment Reasonable restrictions are allowed
 Length of time for total comments
 Length of time that each speaker may comment
 May require advance notice
 Number of speakers
Opposing viewpoints represented fairly

TOMA OOPS!
What if a governing body violates TOMA?
Any action taken in violation of TOMA is null and void, except commitments affecting public debt.
 Tenn. Code Ann. § 8-44-105
Court has broad jurisdiction to issue injunctions, impose penalties and otherwise enforce purpose of TOMA.
 Tenn. Code Ann. § 8-44-106
 Court retains jurisdiction and governing body must report to the court semi-annually re TOMA compliance