Sullivan County, TN past and present attempts to weaken “Sunshine Law”
Sullivan County, TN recent passing of another “Resolution Requesting Amendment to the “Sunshine Law” Regarding Communication Outside Public Meetings” is disturbing because of their past history regarding the “Sunshine Law” or “Open Government”
This resolution will ask state lawmakers to change the legal definition of a “meeting” under Tennessee’s “Sunshine Law” so that two members of a public body could discuss or communicate with each other on any matter — in private — as long as those two members do not constitute a voting quorum.
All citizens of Tennessee should be concerned with this resolution and it’s impact on open government.
No Silence Here blog gives a great perspective on this issue.
What is it about having citizens informed about all aspects of their representative government that politicians don’t like? What on earth could be so sensitive and delicate that it cannot be known by those in whose name it is being done? If citizens must live with the consequences of the decisions of lawmakers, even if those decisions were undertaken in a small “meeting”, why should the contents of that”meeting” not be publicly available? And when will voters insist on Transparency by voting in elected officials who commit to it and then demanding it from them?
It’s good to see some blogs pick up on a county’s attempt to weaken the state’s Sunshine Law.
In December, 2007 the Sullivan County Commissioners sponsored a resolution to change the state’s open meetings law.
Commission debates sunshine law
Bristol Herald Courier
Published: December 17, 2007Commissioner James King of Kingsport sponsored a resolution seeking to lessen restrictions in the state’s open meetings law, which currently prohibits two or more members of the same governing body from meeting in private to deliberate public business.
“This [current law] is not practical,” King said as he presented his resolution to the commission at its Monday meeting. “It doesn’t make sense prohibiting two commissioners from talking one-on-one without it being done in a public meeting. It’s just darn good sense to be able to talk about things before we get here.”
Prior to Commissioner James (Jim) King’s Jr. from Kingport above resolution the following was reported. One can easily form an opinion that the Sullivan County Commissioners do not think much of the “Sunshine Law”. In the article below, County Attorney Street gave his response, but I guess they did not like what they got from the County Attorney and they voted to ask County Mayor Steve Godsey to seek a state opinion on the question.
Committee tweaking ethics policy so Sullivan County officials, employees can accept free BMS tickets
Kingsport Times-News
Published August 1st, 2007
On July 18, Street wrote a memorandum on the meeting.
“Their main question was whether they had to provide minutes to the paper,” Street wrote. “(Kerns) expressed concern that if complaining parties know that their names will be used, they will probably be less likely to come forward. (Moore and Kerns) want to know if they can keep information confidential and even hold hearings in closed sessions.”
On the afternoon of July 17, the Times-News had asked Moore when minutes of an Ethics Committee meeting held that morning would be available.
That’s apparently the day Kerns, as the committee’s chairman, asked District Attorney Greeley Wells to investigate an ethics complaint (see DA rejects criminal allegations) against county officials and employees regarding a trip last month to Honduras.
On July 19, Street sent Moore and Kerns another letter further detailing his legal opinion that the committee is subject to Tennessee’s Open Meetings Law, commonly referred to as the “Sunshine Law.”
“You have asked me two questions with regards to the Sullivan County Ethics Committee,” Street wrote. “Does … (the Sunshine Law) apply to the Ethics Committee? (And) does (state law making records open to public inspection) apply to the Ethics Committee?”
“My answer to both questions is yes.”
Street’s letter also included several paragraphs on the legal requirement for public notice of all meetings of the Ethics Committee, through “timely paid notice in a local newspaper with a countywide circulation.”
Street underlined “paid.”
In all, Street’s July 19 letter included a list of eight points:
•”All your meetings must be open to the public.”
•”Members of the committee cannot deliberate issues to be decided by the committee at any time except in the public meeting.”
•”Notice of every meeting shall be provided to the public as set forth above.”
•”Minutes must be timely taken, prepared and kept as set forth above.”
•”The minutes must include a record of all votes and the results of such votes.”
•”The minutes must include a record of individual votes in the event of roll call votes.”
•”All votes shall be by public vote, or public ballot, or public roll call, no secret votes or secret ballots or secret roll call votes shall be allowed.”
•”Any and all documents, papers, minutes, pictures, e-mails, etc., or any other material, whatever form, whether electronic or paper, made or received by your committee, is a public record subject to inspection and copying by any citizen of the state of Tennessee.”
At what was listed on the county’s meeting calendar as an Ethics Committee “work session” Wednesday morning, the group decided to seek a second opinion on whether or not they must meet and deliberate in public.
They voted to ask County Mayor Steve Godsey to seek a state opinion on the question.
This is a way to weaken the “Sunshine Law”. If the commissioners have got something to say, then do so in public. This resolution can lead to all sorts of problems such as back-room deals, etc. My question to the commissioners is, what do you have to say in private that you can’t say in public?
Shame on the commissioners that voted for this resolution and praise for Commissioner John McKamey who voted against the proposal.
I also urge Tennessee lawmakers to reject this proposal.
See the following link for a list of commissioners/photos: Sullivan County Commissioners