More Open Meeting Act Violation Complaints

The Jefferson County Commission may have cause for concern regarding an alleged Open Meeting Act violation following their March 18, 2013 meeting. In a letter addressed to Jefferson County Commission Chairman Mills and Nominating Committee Chairman Tucker, Open Records Counsel for the State of Tennessee, Elisha Hodge, addressed a complaint that had been filed regarding an Open Meetings violation by several members of the Nominating Committee. The letter stated that information had been presented to the Tennessee Comptrollers Office that outlined the events of the March meeting, in their relation to the alleged violation, including an terse exchange between two Commission about how a meeting of the Nominating Committee had been scheduled and actions of some members of the Nominating Committee following the adjournment of the County Commission meeting. The Complaint is based on an alleged assembly of some (5-10) members of the Nominating Committee, after adjournment of the regular Commission meeting, to discuss and decide the date of a Called Meeting of the Nominating Committee and the agenda of the meeting which involved action and discussion related to the Chairman of the Nominating Committee, as well as discussion and action related to setting a schedule of meetings. Further, it alleges that one member of the Nominating Committee was offered the position of Chairman of the Nominating Committee, the Committee member stated that he was unsure if he wanted the position of Chairman and was informed that if he was not present at the Called Meeting he would most likely be elected to the Chair position.

In her letter, Hodges stated Tennessee Law which, while allowing for chance meetings, does not allow for deliberation or discussion of public business nor does it allow for a body to circumvent the spirit of the Open Meetings Act. Hodge asserted that, based on the information provided, it appears that an Open Meetings violation may have occurred. She cautioned both County Commission Chairman Mills and Nominating Committee Chairman Tucker to confer with County attorneys because the County could be subject to suit by a citizen if he or she feels that an Open Meetings violation has occurred.

This is the second time that the Jefferson County Commission has been under the spotlight for allegations of Open Meeting violation since the seating of the current Commissioners. Information regarding the correspondence from Hodge to Mills and Tucker was provided by Blake Fontenay, Communications Director for the State of Tennessee. The Called Meeting for the Nominating Committee is for April 2, 2013 at 5:30 pm in the Historic Jefferson County Courthouse.

Source: K. Depew, News Director