More Sunshine in Nashville

March 2, 2006

It's really pretty simple: Either our state legislators believe they have an obligation to meet in public or they don't.

And if they do, then there are ways to make sure that actually happens.

Legislators are expected to consider a bill soon that would overhaul the state's "Sunshine in Government" law for the first time since it was adopted more than three decades ago. One of the changes that's been proposed would require the General Assembly to follow open meeting requirements, just as city and county governments across the state must.

However, Atty. Gen. Paul Summers raised legal questions last week about whether the assembly can take that step. According to Summers' opinion, lawmakers could only pass restrictions that apply to the current legislative session. They can't adopt longer-lasting restrictions because each new assembly has the responsibility to make its own rules.

Summers' opinion isn't necessarily the final word on the subject. The assembly could adopt a permanent open meetings requirement for itself, then allow the courts to interpret whether the law passes constitutional muster.

That's assuming someone would object to open state government meetings strongly enough to challenge the new law in court, of course.

If legislators don't want to go that route, there's an even simpler option: Each year, they could adopt a set of rules binding themselves to follow the law that's already on the books for local governments.

Citizens do, in fact, have a right to know not only what decisions state elected officials make, but also how those decisions are made. That's only possible if deliberations are conducted in public, not in a smoky back room in the bowels of the Legislative Plaza, or a bar, or the deck of somebody's fishing boat.

Adopting an open meetings rule at the start of each new assembly could be the start of a great new tradition. It would be a way of showing that legislators take their commitment to work in the public's interest seriously.

And if legislators decided at some point in the future that they didn't want to adopt that rule, they would have to answer to voters at the polls.

There is a process by which citizens could amend the state constitution to guarantee open meetings at all levels of government in Tennessee. But it would be better for legislators to act in good faith by adopting rules to police themselves.

The open meetings bill that's been proposed would make several other revisions to the current law, including a provision requiring violators to pay $50 fines and attorneys' fees. Also, the bill would clarify rules for when and how governments can hold a closed meeting, how notice of meetings should be given and what activities constitute official meetings.

All of those changes are needed and shouldn't be overshadowed by any discussions about what Summers' opinion means for state legislators.

So far this year, legislators have taken some steps to shore up public confidence in government. Improving the open meetings law is another great way to do that.

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