AG Says Legislature Can't Be Bound By Open Meetings Law

By ERIK SCHELZIG
Associated Press Writer

NASHVILLE, Tenn. (AP) -- The state attorney general said he believes it would be unconstitutional to try to place the General Assembly under Tennessee's Open Meetings Act.

State lawmakers are considering a bill to overhaul the state's "Sunshine in Government" law for the first time since it was created in the aftermath of Watergate in 1974.

Some opponents have argued it's unfair for local governments to be held to a different standard than the state Legislature, which is exempt from the open meetings requirement.

State Attorney General Paul Summers issued the opinion last week in response to a question from state Rep. Frank Buck, D-Dowellton.

The opinion cites a 2001 state court of appeals decision that found no indication lawmakers meant to bind the General Assembly to the Open Meetings Act when they passed the law.

Even if that General Assembly had wanted to bind itself to the sunshine law, the court found, the act would not apply to the next two-year legislative session because each assembly is responsible for establishing its own rules under the state constitution. To make the rules permanent, the constitution would have to be amended.

Under the proposed changes, city councils and county commissions could get hit with a $50 fine and attorneys' fees for knowingly violating open meetings rules.

The bill would also clarify rules for when and how governments can hold a closed meeting, how notice of meetings should be given and what activities constitute an official meeting.

The proposal comes in the wake of last year's Tennessee Waltz sting operation, which led to the arrests of four sitting lawmakers, a former lawmaker and others on bribery charges.

Gov. Phil Bredesen earlier this month signed an ethics reform bill into law following a four-week special legislative session called in response to shaken public confidence following the sting involving undercover FBI agents posing as lobbyists.

Buck said he disagrees with the opinion, but said he would challenge the House rules regarding open meetings if he is re-elected this fall.

"I'm going to make people vote on this, and then we'll see where they stand on open meetings," he said.

See SB2471/HB2495 on the General Assembly Web site at: http://www.legislature.state.tn.us

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