Sunshine Law violation admitted by Alderman Cain
North Ward Alderman Alex Cain acknowledged a recent misstep with the Tennessee Sunshine Law, admitting it during Farragut Board of Mayor and Aldermen’s meeting Thursday, July 24.
“I want to comment (that) I had a really good discussion with Mr. (Tom) Hale (Town attorney) the last couple of days in regard to the question of the Sunshine Law,” Cain said. “I appreciated his insight … it revolved around a 15-second conversation I had with Alderman (David) White (privately) about an item that was on the (Farragut Municipal) Planning Commission agenda, and it was a discussion item with the Planning Commission.
“But, Mr. Hale, I tell you, I appreciate the conversation we had and the insight you gave and the candidness you gave,” the alderman added.
“Alderman Cain, we appreciate you coming forward,” Mayor Ron Williams said.
The Sunshine Law, officially known as the Tennessee Open Meetings Act, “generally requires that meetings of public bodies be open to the public,” according to Tennessee Comptroller of the Treasury’s website. “This law aims to ensure transparency in the formation of public policy and decision-making.
“The Tennessee Open Meetings Act declares that the formation of public policy and public business must be transacted transparently and not in secret,” according to the counsel for Tennessee Comptroller of the Treasury’s website.
“If two officials from a governing body meet to discuss or deliberate toward a decision on public business, this could be considered a meeting subject to the Open Meetings Act,” the website further stated. “The crucial element is whether the discussion involves deliberation toward a decision or recommendation on public policy or administration.
“Actions taken at a meeting in violation of the Open Meetings Act are void, except for those related to public debt.”
“I sent out an updated memo that generally discusses the Sunshine Law, the Open Meetings Act and how it applies,” Hale said during the meeting. “As you all probably know, but don’t think about, this is a statutory law that is interpreted by courts on a regular basis, and they issue decisions frequently that interpret terms within the law (and) how it applies to certain situations.”
Not only do Board members have to abide by the Sunshine Law, but Hale said every member of every Town committee must abide by it as well, as they also are governing bodies of the Town.
“The law sounds simple; but as you might imagine, like all serious litigation, the facts change with every case,” he said. “So, every time you have to think about how to apply the Sunshine Law in the setting in which you were in.
“It’s not intuitive always,” Hale added. “You have to really think about the purposes behind the law and how it applies to the situation that you were in.
“It’s not always clear whether there’s been a Sunshine Law violation or not. The one thing you need to remember: That is, if the Sunshine Law has been violated, that doesn’t mean that on the issue about which it’s violated, the government can never act.”
About censoring a violator, “Usually the way it works, if there’s a violation of the Sunshine Law, then there is a vote later on the matter, then that later matter is not a valid decision because it was made in violation of the Sunshine Law,” Hale said. “But that doesn’t mean that the body can’t then take up the matter at a later time and — with clear compliance of the Sunshine Law — act on whatever it was in the original matter.
“We’re going to try to be a little better in getting the word out to the people who are affected by this so we don’t have any violations of the Sunshine Law,” he added.
(See related Letter to the Editor.)
