List of Sunshine Law incidents reported between January 2003 and
     October 2005

The following is a list of state "sunshine law" incidents as reported by various Tennessee newspapers and received by the Tennessee Coalition for Open Government over the last three years. As a rule, it takes a judge to determine whether a particular meeting violates the open meetings act, but few cases end up in court. Some on the list represent continuing practices so in some cases they count for more than one incident.

February; University of Tennessee Athletics Board meets to hire a consultant to search for a new athletics director.

February: Some members of the Franklin Board of Mayor and Aldermen meet to discus firing fire chief.

March: White County E-911 Board does not record votes in its minutes, suggesting the use if secret ballots.

March: Huntingdon. Reporter asked to leave board meeting of the publicly funded H.O.P.E. Center. Follows reports the community action agency has a $14,000 operating deficit.

April: Bradley County Commission holds a budget retreat with no public notice. When questioned, accuses school board of having private meetings.

April: Bradley County Board of Education acknowledges private meeting, but chairman says sunshine law not violated because "no action was taken."

May: City of Unicoi Board of Mayor and Aldermen meet in private for training on improving intra-board relations.

May: Unicoi County Economic Development Board refuses to release minutes of meetings.

May: Shelby County Election Commission elects chairman in secret ballot.

June: Members of Bradley County Commission and local school board meet with only notice to teacher union.

June: University of Tennessee Foundation votes to open its meetings to the public following scandals involving two former UT presidents, Wade Gilley and John Shumaker, and reports of lavish spending of foundation funds on perks for Shumaker.

June: Manchester Board of Education meets to discuss hiring a new school superintendent. No record of public notice being given before the meeting.

June: Bedford County Commission meets to adopt rules allowing county hospital board to hold meetings by telephone. Sunshine law allows telephone meetings for state boards only.

July: Erwin Record reports that Unicoi County Economic Development Board cancelled meeting when a reporter showed up to cover meeting.

July: Johnson City Press reports that two Washington County commissioners meet with fire department officials.

July: Six Madison County Commission members meet at a Jackson restaurant to compare information. Teacher questions whether they discussed strategy for killing a wheel tax proposal.

July: Unicoi County Board of Education tries to elect school director by secret ballot and to reduce the board’s size from seven to five members.

August: Murfreesboro city school board elected school board chairman by secret ballot.

August: Some members of Madison County Commission meet at a local restaurant.

August: Centerville Board of Mayor and Aldermen hires three employees despite complaints that the issue had been discussed in telephone conferences between members beforehand.

August: Knoxville News Sentinel reports that Knox County schools superintendent using school credit card to entertain board members with post-meeting dinners.

August: The Leaf-Chronicle in Clarksville reports that the Clarksville City Council discussing business via email.

August: Complaints surface about Centerville Town committee trying to hold private meetings.

August: Red Bank city commissioner complains about not getting notice of a commission meeting on waste water issues.

August: Baxter City Council votes to cut city employee benefits without any public discussion or debate.

August: Unicoi County Economic Development Board votes to open its meetings to the public and press after the Tennessee Attorney General’s Office says earlier meetings were subject to the open meetings act.

November: Elizabethton Board of Education members meet with school superintendent candidate at the Opryland Hotel in Nashville – 300 miles away from. Elizabethton Star reports later that minutes show meeting at 10 p.m. on a Sunday night and at 9 a.m. on a Monday morning.

December: Reporter from The Daily Herald forced to leave a Maury County Commission committee meeting where workplace harassment case being discussed.

December: Two Nashville city councilmen end a meeting with the city’s E911 director and fire chief when a reporter shows up to cover the gathering. One councilman, a law student, argued the meeting was legal because three members were required before the state’s open meetings act would apply. The law says two or more members cannot gather to discuss business.

January: Carter County Commission member says commission not giving adequate notice of all meetings.

January: Memphis Light, Gas and Water public utility board meets with Memphis mayor in an unannounced meeting.

January: Blount County citizen sues county commission charging that commissioners used email to discuss giving themselves a pay raise before the commission voted 15-5 to do so. Suit later dismissed over a technicality.

February: Franklin Board of Mayor and Aldermen meet to discuss investigative report on conduct of fire chief.

March: Mayor of City of Decherd says he is suing over unannounced meetings between the city recorder and aldermen.

March: Lebanon city attorney says Lebanon City Council violated notice requirement of the open meetings act.

March: Franklin city attorney says Board of Mayor and Aldermen are using email to discuss business.

March: Hamilton County Commission chairman says private meetings with commission members do not violate the sunshine law. Latter says he will stop the practice.

April: Citizens file complaints with Gov. Phil Bredesen and the state Comptroller, claiming the Bristol City Council not giving adequate public notice. Neither have jurisdiction over such matters, but citizens have no place to file complaints except in court and no way to get advice on what the law requires.

April: Cleveland citizen complains to city council that Cleveland school board violated open meetings law in meeting to review of the school director. City Council says it will refer matter to the state Attorney General. The AG lacks jurisdiction and a citizen cannot request a legal opinion from that state office.

April: Campbell County county executive says he will ask the local District Attorney General to investigate two county commissioners for violating sunshine law. Outcome unknown.

April: Gainesboro school board member accuses chairman of violating sunshine law during a board recess, but the board’s attorney says the problem can be fixed by the school board holding a ratifying vote.

April: A Nashville judge finds that the Davidson County Solid Waste Region Board failed to give a citizens group notice that it was going to vote on whether to expand a construction landfill in their neighborhood.

May: Haywood County Commission refuses to release agenda of meeting where indicted county mayor is expected to resign.

May: Candidate for director of the Tennessee Bureau of Investigation accuses a selection committee appointed by Gov. Phil Bredesen of hiring the outside International Association of Chiefs of Police to subvert the open meetings act by conducting the search in private.

May: Bedford County Commission’s finance subcommittee meets in private "so as not to alarm county hospital employees."

May: Blount County Planning Commission meets in a 20-minute lawyer-client meeting before going into open session and approving, without discussion, a big development.

June: The Courier in Savannah reports that the Hardin County Commission’s jail committee met for five years with no minutes of the meetings kept.

June: Fayette County Commission enjoined by a judge from holding further private meetings after a local church filed suit.

June: Overton County Beer Board has a lawyer-client meeting but does not announce it as such.

June: Six members of the Nashville Metro Council meet on the eve of a major budget vote.

June: Seven members of the Nashville Metro Council hold an unannounced meeting before budget vote.

July: Memphis Board of Education meets in private with lawyer to discuss problems with poor construction.

July: Lawrenceburg City Commission members meet before a scheduled public meeting, but mayor reminds reporter that the sunshine law includes no penalties for violations.

July: Oak Ridge Industrial Development Board meets without giving required notice.

July: Cookeville Regional Medical Center board accepts resignation of top administrator during a five-minute meeting at 7 a.m. Agrees to pay him $500,000.

July: Five Hamblen County commissioners put forth a new budget apparently prepared in pre-meetings.

July: Burns City Commission meets at the home of one commissioner to discuss way to pay for a pay raise for city workers.

August: Campbell County judge enjoins City of Jellico from holding private meetings after the city hired a city administrator in a secret meeting.

August: Hardin County Commission approves on the first of two readings a $28 wheel tax hike to build a new jail, but citizens and some county commissioners complain that no notice was given that the issue was on the agenda. Voters overturned the hike in a November public referendum. In the fall of 2005, the Commission approved a $36 wheel tax hike after explaining in public debate that the only other option was a property tax increase. This time, the Commission gave proper notice, and opponents failed to get enough signatures to put it on to a referendum.

August: Germantown Board of Mayor and Aldermen meet to discuss a library dispute, claiming attorney-client privilege but no suit is pending.

August: Monroe County Commission meetings usually last for a few minutes, prompting local observers to speculate deliberations are done in pre-meetings. Most votes are unanimous.

August: Hardin County citizen activist Ted G. Cook charges that the Hardin County Commission doesn’t follow the state’s sunshine or open records law. He later led fight and killed a $28 wheel tax hike by referendum in November. The issue wound up on a referendum after the County Commission failed to give notice on the first of two votes.

September: Six members of the Giles County Commission meet before an important tax vote. The tax failed 13-6.

October: Three Hamilton County Commission members meet with county administrators to discuss employee benefits.

November: Two Obion County commissioners complain when the county nursing home board goes into "administrative" session to discuss health care issues with the commissioners sitting in the audience.

December: Citizen accuses three members of the Collierville Board of Mayor and Aldermen of meeting to discuss issues before an important vote in an upcoming public meeting.

December: Members of the Fayette County Commission accused of having a private meeting to discuss a zoning change for an Islamic cemetery.

January: McKenzie City Council adopts a nepotism policy with no public discussion.

February: Memphis City Council committee meets in unannounced session to discuss FedEx Forum construction.

February: Mosheim Board of Mayor and Aldermen (in Greene County) have an unannounced committee work session to discuss canceling or rescheduling a popular Civil War re-enactment.

February: White House Board of Mayor and Aldermen met privately after asking a reporter to leave a meeting where it discussed applications for city administrator. Earlier the same day, The News-Examiner in Gallatin had been refused the right to inspect the applications. The following day the city attorney said he was not aware the meeting was taking place and apologized for the board’s actions.

February: A Benton County citizens’ group retained an out-of-county attorney and sued eight county officials, charging the county commission had not given notice of several meetings.

March: Citizens in Linden say they’re suing Perry County Commission over meetings to discuss the county becoming a controversial prison site.

March: Sweetwater City Commission members meet in private to discuss personnel issues in the fire department.

March: State auditor reportedly tells Town of Tellico Plains how to meet without violating the open meetings law.

April: Official with the Municipal Technical Advisory Service advises Athens City Council members not to use email to transact public business.

April: One of the seven members of the Hawkins County Commission’s Building Committee said he refused to attend an unannounced meeting to discuss a proposed jail expansion because he thought it violated the open meetings law.

April: Paris resident complains in a letter to the editor that members of the Paris City Commission met before a regular commission meeting to discuss election for mayor.

May: State Senate and House finance committees hold unannounced meetings at the Ellington Agricultural Center – miles away from the Capitol and Legislative Plaza -- to discuss budget planning and priorities. The meetings occurred on a Sunday afternoon. Courts have ruled the open meetings law doesn’t apply to the legislature because it has exempted itself. One state representative said a House budget subcommittee has been meeting in secret throughout his seven terms in the legislature, and a ranking state Senator said he attended the unannounced meeting out of fear he might miss something. Officials of both committees told reporters that no votes were taken.

May: Jackson Sun reported that a Madison County Commission committee had met in private on three occasions before recommending a fellow commissioner for the position of county finance director. Following the disclosure of the unannounced meetings, committee members started the process over and made the same recommendation in a public meeting.

May: Six Benton County commissioners say they are asking the local District Attorney General to investigate the county mayor for not giving notice of certain meeting covered by the sunshine law.

June: Several members of the Nashville Metro Council use email to construct a budget despite warnings from the Metro Department of Law weeks earlier that email could not be used to discuss city business without violating the open meetings act.

June: Lawyer for a landowner accuses Bell Buckle Town Council Planning Commission of meeting in private to discuss a moratorium on annexation to block a controversial, large development.

June: Rutherford County Board of Education members evaluate the director of schools in unsigned performance review memos.

June: Claiborne County Commission votes in a secret ballot to ask the county mayor to resign. Secret ballots are illegal under the open meetings law. One unidentified commissioner said the motion received 16 votes.

July: The Daily Post-Athenian reports that the Athens City Council is using the Municipal Technical Advisory Service in Knoxville to tabulate individual council member recommendations on a pay raise for the city manager.

July: Madison County Commission draws curtain closed to discuss controversy with the City of Jackson on operations of a landfill.

July: Red Boiling Springs city attorney announces that city council had illegal meeting on June 22 by not giving adequate notice. Said only 24-hours notice given when the matter to be discussed was not an emergency and that at least a week’s notice should be given for non-emergency meetings.

July: City and county officials and state lawmakers in Sumner County meet privately with TVA representatives to discuss controversial plans to ship coal to a Gallatin power plant by rail, a move that would cause traffic problems. When a reporter complained, county officials said the federal public utility had called the meeting and they had no choice.

July: Bedford County Commission budget and finance committee makes budget recommendations in a private "study session" with an auditor present. Committees making recommendations to public bodies are covered by the sunshine.

July: Collierville Board of Mayor and Aldermen members meet to elect a vice mayor and to discuss tearing down a local Baptist church building.

July: Milan Housing Authority warned about not announcing its meetings.

August: Bulls Gap Board of Mayor and Aldermen meet with a paving contractor in an unannounced meeting.

August: Elizabethton City Council meets in private to hire a new manager for the city’s public electric utility. Meeting followed reports of an audit showing financial irregularities at the utility.

August: Attorney says Washington County Emergency Medical Service Board may not have given notice of a meeting.

August: Citizens of Haywood and Fayette counties charge county commissions of violating sunshine law in discussions of a development "mega-site."

August: Savannah City Commission gives its fired city manager an extra month’s pay after the manager’s wife accuses three members of the five-member commission of discussing the issue in an unannounced meeting. Two other commissioners said they didn’t know about the meeting.

September: Madisonville council has unannounced meeting to discuss salaries.

September: Sweetwater city commission holds two meetings to discuss unspecified employee issues in the city’s Parks and Recreation Department.

September: Maury County Board of Education goes into private session to discuss a "legal matter," apparently invoking the lawyer-client privilege. The Daily Herald reported that no lawyer was present at the meeting – a prerequisite for such a meeting.

September: Member of the Hamilton County Board of Education sues the board, charging it violated the sunshine law by discussing details of a consultant’s contract with the director of schools who planned to step aside with a year remaining on his contract. The member who sued said the arrangement was never discussed in an open meeting.

September: Mayor of Franklin holds one-on-one briefings with aldermen to discuss why two suspended police officers were paid $80,000 while on suspension and then allowed to retire.

September: Wayne County Nursing Home Board holds an early morning meeting to fire the nursing home director. When a local reporter inquired, she was told the action would be ratified later in a public meeting.

October: Newspaper reports that members of the Hamilton County Commission are discussing a school board vacancy via email, phone conversations and confidential memos.

October: Member of the Sharon Board of Mayor and Alderman denies what he says are rumors that the board holds secret meeting to discuss issues before members go into public session.

October: Loudon County resident accuses some members of the county’s Air Quality Task Force of meeting and making decision in private meetings.