Government officials fight Sunshine Law changes

Proposed changes to the open meetings law in Tennessee have local officials across the state up in arms, including officials in Warren County.

A meeting of the Procedures and Rules Committee, which is made up of the chairs of the county?s standing committees, was called to vote on a resolution directed at our state legislators in opposition to bills SB2471 and HB2495 currently on the hill in Nashville.

A newsletter circulated by the Tennessee County Services Association stated that the update to the state?s open meeting laws, the first since the Sunshine in Government law was passed in 1974, would have ?unbearable consequences? for local elected officials.

?The enforcement provisions and other aspects of this act will have a substantial chilling effect on the activities and decision making of governmental bodies,? the newsletter said.

Proponents of the amendments, including the Tennessee Press Association and the Tennessee Coalition for Open government, say it simply puts teeth in a law that has been ignored all too often.

Under the changes, city councils and county commissions could be levied a $50 fine and attorneys? fees for knowingly violating open meeting rules. The bills are also designed to clarify when and how governmental bodies can hold a closed meeting, how notice of meetings should be distributed, and what sort of activities actually constitute an official meeting.

One of the main problems Warren County officials have with the changes is the perception the burden of proving their innocence will be put on them.

?We?ve got to prove ourselves innocent,? said County Executive Kenneth Rogers at the meeting. ?We?re guilty until we can prove ourselves innocent.?

Rogers said those who have violated the law have potentially made it difficult for those who have abided by its rules.

?We?ve been abiding by the Sunshine Law,? Rogers told commissioners. ?But with restrictions like this, I couldn?t even be out in the hall talking to a commissioner or you all couldn?t go out and have a cup of coffee. They could charge you with breaking the Sunshine Law. If you couldn?t prove you didn?t violate the law, you could get a $50 fine and be required to pay lawyers fees. This could be devastating to the county.?

The newsletter warned legislators of the possible consequences of even a chance meeting. Existing law says that even two members of the same governmental body are prohibited from privately discussing public matters. Opponents say this could result in frivolous lawsuits.

?If you attend the same church, eat together, fish together or happen to be seen chatting at the same Friday night high school football game, you could be put in a position of being taken to court,? the newsletter said.

Meanwhile, Frank Gibson, executive director of the Tennessee Coalition for Open Government, has said these scenarios are highly unlikely.

?It?s ludicrous to suggest that somebody is going to sue for something like that,? Gibson said, ?and even more ludicrous to think they would win.?

But Warren County legislators weren?t so sure, and felt strongly enough to have a resolution drawn up voicing their opposition.

?My feeling is we need to pass this resolution and send it in to the state,? Rogers said, ?and tell them we?re not for this. It seems to me they have better things to do than put a financial burden on the counties like this.?

Warren County isn?t the only county government in the state in opposition to the changes. The Bedford County Board of Commissioners has drafted a similar resolution, according to the Shelbyville Times-Gazette.

The Procedures and Rules Committee voted unanimously to pass the resolution, which will have to pass the full commission at its meeting April 17 before it will be sent to state legislators.