Open Meetings

Plain English Breakdown

The official summary does not provide specific details on penalties for non-compliance or how the bill will affect voting procedures when some members are present physically and others join electronically.

Allowing Electronic Participation in Community Meetings

This bill allows local government groups to hold community meetings where members can join and participate using electronic means like video or audio calls, but they cannot vote during these virtual meetings.

What This Bill Does

• Allows local governing bodies to permit members to attend community meetings through electronic communication methods such as video or audio calls.
• Requires that all participants in a meeting who are joining electronically must be able to hear and speak with each other clearly throughout the meeting.
• Ensures that public members can view, listen to, and participate in these virtual meetings if they would normally be allowed to do so at an in-person meeting.
• Necessitates that local governing bodies provide clear notice about when and how community meetings will take place, including details on electronic participation.
• Requires the recording of all community meetings and posting them online within four business days for public access.

Who It Names or Affects

• Local government groups in Tennessee
• Members of the public who wish to attend or participate in community meetings

Terms To Know

Community meeting

A gathering where members of a local governing body discuss and receive information about community public business.

Local governing body

A group within the local government that has the authority to make decisions or give recommendations on policy or administration for a public body.

Limits and Unknowns

• The bill does not specify what happens if members of the public cannot access electronic means of communication.
• It is unclear how this will affect voting procedures in community meetings where some members are present physically and others join electronically.
• There are no details on penalties for non-compliance with the requirements set forth by the bill.

Official Summary Text

This bill authorizes a local governing body to allow
participation in community meetings by electronic means of communication. However, local governing bodies are prohibited from voting on any matter during a community meeting where the members are participating by electronic means of communication. As us
ed in this bill, a "local governing body" means a local governmental public body that consists of two or more members with the authority to make decisions for, or recommendations to, a public body on policy or administration.

PARTICIPATION
–
IDENTIFICATION

This bill requires that each member of a local governing body participating by electronic means of communication be able to simultaneously hear and speak to each other during the meeting. Additionally, the local governing body must allow members of the
public to view and listen to the community meeting by electronic means in real time and participate by electronic means of communication, if participation would normally be allowed.

This bill requires any person in the room from which a member is participating in the meeting to be identified. Further, any member participating electronically must be identifiable by name to the public throughout the duration of the meeting.

NOTICE
–
RECORD

This bill requires the local governing body to provide notice of the meeting by publishing a statement that the meeting will include members participating by electronic means of communication; the address of the physical location where members of the pub
lic may attend the meeting; and information necessary to access the community meeting by electronic means of communication.

This bill requires a recording of the community meeting to be made and posted on the local governing body's website no later than four business days after the meeting.

Current Bill Text

HOUSE BILL 1858
By Wright

SENATE BILL 1944
By Briggs
SB1944
011240
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 5;
Title 6; Title 7 and Title 8, Chapter 44, relative to
community meetings conducted with electronic
participation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 8-44-108(a), is amended by adding
the following new subdivisions:
( ) "Community meeting" means the convening of members of a community in a
political subdivision to discuss and receive information about community public business;
( ) "Local governing body" means a local governmental public body that consists
of two (2) or more members with the authority to make decisions for or
recommendations to a public body on policy or administration;
SECTION 2. Tennessee Code Annotated, Section 8-44-108, is amended by adding the
following as a new subsection:
(i) A local governing body may allow participation in community meetings by
electronic means of communication. A local governing body holding a community
meeting with a member or members of the local governing body participating by
electronic means of communication shall:
(1) Allow members of the public to:
(A) View and listen to the community meeting by electronic
means in real time if the community meeting is conducted using video
conference, or listen to the community meeting by electronic means in
real time if the meeting is conducted using audio conference with no
video; and

- 2 - 011240

(B) Participate by electronic means of communication, if
participation would normally be allowed at the community meeting;
(2) Provide notice of the community meeting by publishing:
(A) A statement that the meeting will include members of the local
governing body participating by electronic means of communication;
(B) The address of the physical location where members of the
public may attend the meeting, if there is to be an in-person component of
the community meeting; and
(C) Information necessary for members of the public to access
the community meeting by electronic means of communication to
participate, view, or listen;
(3) Make a recording of the community meeting, and post the recording
or a link to the recording on the local governing body's website. The local
governing body shall post the recording or link to the recording as soon as
possible but no later than four (4) business days after the community meeting.
The governing body shall continue to publish on its website the recording or link
to the recording for at least one (1) year, and shall retain the recording for at least
three (3) years after the recording was created;
(4) Ensure that each member of the local governing body participating by
electronic means of communication is able to simultaneously hear each other
and speak to each other during the meeting. A member participating by
electronic means of communication shall identify the persons present in the room
from which the member is participating;

- 3 - 011240

(5) Ensure that members of the local governing body participating in a
community meeting by electronic means are identifiable by name to the public
throughout the duration of the meeting; and
(6) Not vote on any matter during a community meeting where the
members are participating by electronic means.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.