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HB2616 • 2026

Open Meetings

AN ACT to amend Tennessee Code Annotated, Title 8, relative to executive sessions for consideration of employment by a governing body.

Labor
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Moon, Briggs
Last action
2026-04-14
Official status
Engrossed; ready for transmission to Sen.
Effective date
Not listed

Plain English Breakdown

The bill summary and text do not specify that the names of attendees must be kept secret, only that minutes should disclose all persons who were present except for job applicants.

Allowing Private Job Interviews for Governing Body Staff

This bill allows governing bodies to hold private meetings to interview applicants for director-level positions without giving public notice but requires that hiring decisions be made in open meetings.

What This Bill Does

  • Allows a governing body to conduct executive sessions to interview applicants for director-level staff positions without requiring public notice.
  • Requires that any decision about hiring must be discussed and voted on during an open meeting where the public can attend.
  • Limits who can attend these private interview sessions to only members of the governing body, relevant staff, and job applicants themselves.
  • Keeps the names of people in attendance at the interviews secret except for the job applicants.
  • Permits job applicants to request that their application materials remain confidential if they are not chosen for the position.

Who It Names or Affects

  • Governing bodies and their members
  • Job applicants for director-level positions

Terms To Know

Executive session
A private meeting held by a governing body to discuss sensitive matters.
Director-level staff
High-ranking employees who manage departments or agencies within a government entity.

Limits and Unknowns

  • The bill does not specify what happens if an applicant requests confidentiality but is later selected for the position.
  • It's unclear how this change will affect transparency in hiring processes.
  • There are no details on enforcement mechanisms or penalties for non-compliance.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB2616

Plain English: The amendment allows governing bodies to hold private meetings for interviewing applicants for director-level positions without providing public notice and sets rules for confidentiality and disclosure of information.

  • Governing bodies can now have secret interviews with job candidates for important staff roles, like directors, without telling the public beforehand.
  • The minutes of these secret interview sessions must list everyone who attended but not the applicants themselves.
  • After a decision is made, the chosen candidate's application and interview details become public records, while those of rejected candidates stay confidential upon request.
  • The amendment does not specify what happens if an applicant requests their materials to remain private after being selected for employment.
Amendment 1-0 to SB2162

Plain English: The amendment allows governing bodies to hold private meetings for interviewing applicants for certain high-level positions without providing public notice and sets rules for confidentiality and disclosure of information.

  • Governing bodies can now have secret interviews with job candidates for director-level positions without giving the public advance notice.
  • After a candidate is chosen, their interview recording and application materials become public records upon request.
  • The amendment specifies that only governing body members, relevant staff, and applicants are allowed to attend these private meetings.
  • The exact details of how the confidentiality rules will be enforced or interpreted remain unclear.

Bill History

  1. 2026-04-14 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  2. 2026-04-14 Tennessee General Assembly

    Passed H., as am., Ayes 61, Nays 24, PNV 6

  3. 2026-04-14 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA1101)

  4. 2026-04-13 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/15/2026

  5. 2026-04-09 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/13/2026

  6. 2026-04-08 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/9/2026

  7. 2026-04-08 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  8. 2026-04-08 Tennessee General Assembly

    Placed on cal. Government Operations Committee for 4/8/2026

  9. 2026-04-08 Tennessee General Assembly

    Rec. for pass. if am., ref. to Government Operations Committee

  10. 2026-04-01 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 4/8/2026

  11. 2026-04-01 Tennessee General Assembly

    Action def. in State & Local Government Committee to 4/8/2026

  12. 2026-03-31 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 2 PNV 0

  13. 2026-03-30 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/31/2026

  14. 2026-03-25 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 3/31/2026

  15. 2026-03-25 Tennessee General Assembly

    Action def. in State & Local Government Committee to 3/31/2026

  16. 2026-03-25 Tennessee General Assembly

    Sponsor change.

  17. 2026-03-25 Tennessee General Assembly

    Sponsor(s) withdrawn.

  18. 2026-03-25 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/31/2026

  19. 2026-03-25 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 3/31/2026

  20. 2026-03-25 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/25/2026

  21. 2026-03-24 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/25/2026

  22. 2026-03-24 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 3/25/2026

  23. 2026-03-18 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 3/24/2026

  24. 2026-03-18 Tennessee General Assembly

    Rec for pass if am by s/c ref. to State & Local Government Committee

  25. 2026-03-18 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/24/2026

  26. 2026-03-17 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 3/24/2026

  27. 2026-03-16 Tennessee General Assembly

    Sponsor(s) Added.

  28. 2026-03-11 Tennessee General Assembly

    Placed on s/c cal Public Service Subcommittee for 3/18/2026

  29. 2026-03-11 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/17/2026

  30. 2026-02-12 Tennessee General Assembly

    Sponsor(s) Added.

  31. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Public Service Subcommittee

  32. 2026-02-05 Tennessee General Assembly

    P2C, ref. to State & Local Government Committee

  33. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate State and Local Government Committee

  34. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  35. 2026-02-03 Tennessee General Assembly

    Filed for introduction

  36. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  37. 2026-02-02 Tennessee General Assembly

    Filed for introduction

Official Summary Text

This bill authorizes an executive session to be conducted by a governing body to interview applicants for employment as director-level staff of the body, and public notice of such an executive session is not required. The minutes of such sessions must di
sclose all of the people who were in attendance, except for job applicants who attend for the purpose of being interviewed by said body. Attendance to the session is limited to members of the governing body, relevant staff invited by the body, and job ap
pl
icants. Further, in order to review and consider the contents of an application for employment or appointment by the governing body, a job applicant may request that the applicant's application remain confidential.

This bill prohibits decisions pertaining to the consideration of employment from being made in the executive session. Instead, such decisions must be deliberated and voted on in an open, publicly noticed meeting. Upon being selected for employment or a
ppointment, the selected applicant's interview, if recorded, and application may be subject to a public records request. The application and interview of applicants not selected must remain confidential upon request.

ON APRIL 14, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2616, AS AMENDED.

AMENDMENT #1
rewrites the bill to, instead, authorize a governing body to conduct an executive session for the purpose of interviewing applicants for employment as director-level staff of the body without providing public notice of such session. However, the governin
g body is prohibited from making hiring decisions or deliberating in such session. All deliberation and voting must be done in an open, publicly notice meeting. Attendance at any executive session for the purpose of interviewing applicants m
ust be limited to members of the governing body, relevant staff, and the applicants. The minutes of the session must be disclosed to all persons who were in attendance, except for applicants. If requested by the applicant, application materials must be
kept confidential and are not open to public inspection. However, interviews and application materials must be kept as public records if the applicant is selected for employment or appointment. As used in this amendment, "director-level" means a positio
n
that is filled by the mayor or a vote of the governing body or by the mayor with confirmation by the governing body, excluding the chief of police; and has authority over the operation and employees of a department, agency, or division of the governmental
entity.

Current Bill Text

Read the full stored bill text
SENATE BILL 2162
By Briggs

HOUSE BILL 2616
By Moon
HB2616
012389
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 8,
relative to executive sessions for consideration of
employment by a governing body.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 8-44-102, is amended by adding the
following subsection (e):
(e) Executive sessions for consideration of employment of director-level staff by
a governing body:
(1) An executive session may be conducted by a governing body to
interview applicants for employment as director-level staff of the body. Public
notice of such an executive session is not required;
(2) Decisions may not be made in the executive session but must be
deliberated and voted on in an open, publicly noticed meeting;
(3) The minutes of such session shall disclose all persons who were in
attendance except job applicants who attend for the purpose of being interviewed
by said body;
(4) Attendance is limited to members of said body, relevant staff invited
by the body, and job applicants;
(5) Further, to review and consider the contents of an application for
employment or appointment by said body, a job applicant may request that the
applicant's application remain confidential; and
(6) Upon being selected for employment or appointment, the selected
applicant's interview, if recorded, and application may be subject to a public

- 2 - 012389

records request pursuant to § 10–7–503. Notwithstanding § 10-7-503, the
application and interview of applicants not selected must remain confidential
upon request.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.