Tennessee Code Annotated

Tenn. Code Ann. § 8-44-102 (2026)

Open meetings - "Governing body" defined - "Meeting" defined

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

(a) All meetings of any governing body are declared to be public meetings open to the public at all times, except as provided by the Constitution of Tennessee.

(b)
- (1) "Governing body" means:
  - (A) The members of a public body which consists of two (2) or more members, excluding a county mayor in accordance with § 5-6-106(b)(1)(B), with the authority to make decisions for or recommendations to a public body on policy or administration and also means a private nonprofit community organization eligible to receive funds from the community services block grant program under 42 U.S.C. §§ 9901 - 9926. Any governing body so defined by this section shall remain so defined, notwithstanding the fact that such governing body may have designated itself as a negotiation committee for collective bargaining purposes, and strategy sessions of a governing body under such circumstances shall be open to the public at all times;
  - (B) The board of directors of any nonprofit corporation which contracts with a state agency to receive community grant funds in consideration for rendering specified services to the public; provided, that community grant funds comprise at least thirty percent (30%) of the total annual income of such corporation. Except such meetings of the board of directors of such nonprofit corporation that are called solely to discuss matters involving confidential doctor-patient relationships, personnel matters or matters required to be kept confidential by federal or state law or by federal or state regulation shall not be covered under this chapter, and no other matter shall be discussed at such meetings;
  - (C) The board of directors of any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more counties, cities, towns and local governments pursuant to title 7, chapter 54 or 58. This subdivision (b)(1)(C) shall not apply to any county with a metropolitan form of government and having a population of four hundred thousand (400,000) or more, according to the 1980 federal census or any subsequent federal census;
  - (D) The board of directors of any nonprofit corporation which through contract or otherwise provides a metropolitan form of government having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, with heat, steam or incineration of refuse;
  - (E)
    - (i) The board of directors of any association or nonprofit corporation authorized by the laws of Tennessee that:
      - (a) Was established for the benefit of local government officials or counties, cities, towns or other local governments or as a municipal bond financing pool;
      - (b) Receives dues, service fees or any other income from local government officials or such local governments that constitute at least thirty percent (30%) of its total annual income; and
      - (c) Was authorized as of January 1, 1998, under state law to obtain coverage for its employees in the Tennessee consolidated retirement system.
    - (ii) This subdivision (b)(1)(E) shall not be construed to require the disclosure of a trade secret or proprietary information held or used by an association or nonprofit corporation to which this chapter applies. In the event a trade secret or proprietary information is required to be discussed in an open meeting, the association or nonprofit corporation may conduct an executive session to discuss such trade secret or proprietary information; provided, that a notice of the executive session is included in the agenda for such meeting.
    - (iii) As used in this subdivision (b)(1)(E):
      - (a) "Proprietary information" means rating information, plans, or proposals; actuarial information; specifications for specific services provided; and any other similar commercial or financial information used in making or deliberating toward a decision by employees, agents or the board of directors of such association or corporation; and which if known to a person or entity outside the association or corporation would give such person or entity an advantage or an opportunity to gain an advantage over the association or corporation when providing or bidding to provide the same or similar services to local governments; and
      - (b) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
- (2) "Meeting" means the convening of a governing body of a public body to make a decision or to deliberate toward a decision on any matter. "Meeting" does not include any on-site inspection of any project or program.

(c) Nothing in this section shall be construed as to require a chance meeting of two (2) or more members of a public body to be considered a public meeting. No such chance meetings, informal assemblages, or electronic communication shall be used to decide or deliberate public business in circumvention of the spirit or requirements of this part.

(d) Notwithstanding subsection (a), one (1) or more members of a local legislative body who meet with one (1) or more members of the state legislative delegation that represent the county or city is not a meeting under this section; provided, that the meeting is an exchange of information and not deliberative in nature or the member or members of the state legislative delegation conduct the meeting to discuss state matters. A meeting under this subsection (d) must not be used to decide or deliberate public business in circumvention of the spirit or requirements of this part.

Amended by 2024 Tenn. Acts, ch. 1030,s 2, eff. 5/28/2024.

Amended by 2024 Tenn. Acts, ch. 818,s 1, eff. 4/29/2024.

Amended by 2024 Tenn. Acts, ch. 580,s 2, eff. 3/15/2024.

Amended by 2018 Tenn. Acts, ch. 545, s 1, eff. 3/9/2018.

Acts 1974, ch. 442, § 2; 1979, ch. 411, §§ 1, 2; T.C.A., § 8-4402; Acts 1985, ch. 290, § 1, 2; 1986, ch. 594, § 1; 1988, ch. 908, §§ 3, 5; 1997 , ch. 346, § 1; 1998, ch. 1102, §§ 1, 3.

Notes of Decisions

Cited in 50 cases (7 in the last 5 years), 1984–2025 · leading case: Bob Fannon, Individually & as a City Councilman for the City of LaFollette v. City of LaFollotte, 329 S.W.3d 418 (Tenn. 2010).

Sort: Relevance Newest Treatment

Bob Fannon, Individually & as a City Councilman for the City of LaFollette v. City of LaFollotte, 329 S.W.3d 418 (Tenn. 2010). · cites it 8× “” Tenn. Code Ann. § 8-44-102 (a). A “governing body” includes “members of any public body which consists of two (2) or more members, with the authority to make decisions for or recommendations to a public body on policy or administration .”

Mayhew v. Wilder, 46 S.W.3d 760 (Tenn. Ct. App. 2001). · cites it 4× “” Tenn. Code Ann. § 8-44-102 (a). A “governing body” is defined as the members of any public body which consists of two (2) or more members, with the authority to make decisions for or recommendations to a public body on policy or administration and also means a community action…”

Johnston v. Metro. Gov't of Nashville & Davidson Cnty., 320 S.W.3d 299 (Tenn. Ct. App. 2009). · cites it 21× “” T.C.A. § 8-44-102(a) (2002). The term “meeting” is statutorily defined as “the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter.”

Smith Cnty. Educ. Ass'n v. Anderson, 676 S.W.2d 328 (Tenn. 1984). · cites it 6× “§ 49-5-609, and had violated the Tennessee Open Meetings Act, T.C.A. § 8-44-102(a). Following a jury trial, the Chancellor took the case from the jury and dismissed the complaint, deciding that both sides were negotiating in good faith, that the Defendants had not engaged in any…”

Gautreaux v. Internal Med. Educ. Found., Inc., 336 S.W.3d 526 (Tenn. 2011). · cites it 6× “Tennessee Code Annotated section 10-7 — 503(d)(1) provides that the “records of any association or nonprofit corporation described in § 8-44-102(b)(l)(E)(i) 3 shall be open for inspection.”

Cooper v. Williamson Cnty. Bd. of Educ., 746 S.W.2d 176 (Tenn. 1987). · cites it 4× “f the Board to consult with the Board's attorney concerning the legal ramifications of bringing charges against Plaintiff, in view of the possibility of being found in contempt of the standing Federal District Court order to reinstate Plaintiff as a principal of a county high…”

Neese v. Paris Special Sch. Dist., 813 S.W.2d 432 (Tenn. Ct. App. 1990). · cites it 8× “The PSSD is a “Governing body” as that term is defined at T.C.A. § 8-44-102 and it operates three schools consisting of kindergarten through grade 6.”

Arnold v. Tennessee Bd. of Paroles, 956 S.W.2d 478 (Tenn. 1997). · cites it 3× “Tennessee Code Annotated § 8-44-102(a) requires that all meetings of any governing body be public.”

Souder v. Health Partners, Inc., 997 S.W.2d 140 (Tenn. Ct. App. 1998). · cites it 6× “(b)(1) “Governing body” means: (A) The members of any public body which consists of two (2) or more members, with the authority to make decisions for or recommendations to a public body on policy or administration.”

Dossett v. City of Kingsport, 258 S.W.3d 139 (Tenn. Ct. App. 2007). · cites it 4× “They do, however, disagree as to whether the sessions in the City Manager’s office on September 14, 2005, and November 29, 2005, were “meetings” as that term is defined in the Open Meetings Act.”

Metro. Air Rsch. Testing Auth., Inc. v. Metro. Gov't of Nashville, 842 S.W.2d 611 (Tenn. Ct. App. 1992). · cites it 2× “” Tenn.Code Ann. § 8-44-102(e). It has never been interpreted to apply to meetings pertaining to decisions made by single public officials.”

Van Hooser v. Warren Cnty. Bd. of Educ., 807 S.W.2d 230 (Tenn. 1991). · cites it 4× “T.C.A. § 8-44-102(c). Given testimony that the Conditions were discussed in the meeting and the fact that these Conditions are not mentioned anywhere else in the minutes, we must assume that the board acted to approve the Conditions in this private meeting.”

Show all 50 citing cases →

— Tenn. Code Ann. § 8-44-102(2002) — 1 case

Thompson v. Memphis Light, Gas & Water Div., 244 S.W.3d 815 (Tenn. Ct. App. 2007).

— Tenn. Code Ann. § 8-44-102(a) — 8 cases

Smith Cnty. Educ. Ass'n v. Anderson, 676 S.W.2d 328 (Tenn. 1984). “§ 49-5-609, and had violated the Tennessee Open Meetings Act, T.C.A. § 8-44-102(a). Following a jury trial, the Chancellor took the case from the jury and dismissed the complaint, deciding that both sides were negotiating in good faith, that the Defendants had not engaged in any…”

Mayhew v. Wilder, 46 S.W.3d 760 (Tenn. Ct. App. 2001). “” Tenn. Code Ann. § 8-44-102 (a). A “governing body” is defined as the members of any public body which consists of two (2) or more members, with the authority to make decisions for or recommendations to a public body on policy or administration and also means a community action…”

Bob Fannon, Individually & as a City Councilman for the City of LaFollette v. City of LaFollotte, 329 S.W.3d 418 (Tenn. 2010). “” Tenn. Code Ann. § 8-44-102 (a). A “governing body” includes “members of any public body which consists of two (2) or more members, with the authority to make decisions for or recommendations to a public body on policy or administration .”

Dossett v. City of Kingsport, 258 S.W.3d 139 (Tenn. Ct. App. 2007). “They do, however, disagree as to whether the sessions in the City Manager’s office on September 14, 2005, and November 29, 2005, were “meetings” as that term is defined in the Open Meetings Act.”

Arnold v. Tennessee Bd. of Paroles, 956 S.W.2d 478 (Tenn. 1997). “Tennessee Code Annotated § 8-44-102(a) requires that all meetings of any governing body be public.”

— Tenn. Code Ann. § 8-44-102(b)(1) — 4 cases

Johnston v. Metro. Gov't of Nashville & Davidson Cnty., 320 S.W.3d 299 (Tenn. Ct. App. 2009). “” T.C.A. § 8-44-102(a) (2002). The term “meeting” is statutorily defined as “the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter.”

Hastings v. South Cent. Human Resource Agency, 829 S.W.2d 679 (Tenn. Ct. App. 1991).

Forbes v. Wilson Co. Emergency (Tenn. Ct. App. 1996).

State of Tennessee ex rel., Herbert S. Moncier v. Nancy S. Jones (Tenn. Ct. App. 2013).

— Tenn. Code Ann. § 8-44-102(b)(1)(A) — 1 case

— Tenn. Code Ann. § 8-44-102(b)(1)(E)(i) — 4 cases

Gregory Fodness v. Newport & Cocke Cnty. Econ. Dev. Comm'n, Inc. (Tenn. Ct. App. 2005).

Gregory Fodness v. Newport & Cocke Cnty. Econ. Dev. Comm'n, Inc. - Dissenting (Tenn. Ct. App. 2005).

Memphis Publ'g Co. d/b/a The Com. Appeal v. City of Memphis (Tenn. Ct. App. 2017).

Thomas M. Gautreaux v. Internal Med. Educ. - Dissenting (Tenn. Ct. App. 2009).

— Tenn. Code Ann. § 8-44-102(b)(2) — 3 cases

Arnold v. Tennessee Bd. of Paroles, 956 S.W.2d 478 (Tenn. 1997). “Tennessee Code Annotated § 8-44-102(a) requires that all meetings of any governing body be public.”

— Tenn. Code Ann. § 8-44-102(b)(l) — 1 case

Bundren v. Peters, 732 F. Supp. 1486 (E.D. Tenn. 1989).

— Tenn. Code Ann. § 8-44-102(b)(l)(E)(i) — 1 case

Gautreaux v. Internal Med. Educ. Found., Inc., 336 S.W.3d 526 (Tenn. 2011). “Tennessee Code Annotated section 10-7 — 503(d)(1) provides that the “records of any association or nonprofit corporation described in § 8-44-102(b)(l)(E)(i) 3 shall be open for inspection.”

— Tenn. Code Ann. § 8-44-102(c) — 6 cases

Cooper v. Williamson Cnty. Bd. of Educ., 746 S.W.2d 176 (Tenn. 1987). “f the Board to consult with the Board's attorney concerning the legal ramifications of bringing charges against Plaintiff, in view of the possibility of being found in contempt of the standing Federal District Court order to reinstate Plaintiff as a principal of a county high…”

Van Hooser v. Warren Cnty. Bd. of Educ., 807 S.W.2d 230 (Tenn. 1991). “T.C.A. § 8-44-102(c). Given testimony that the Conditions were discussed in the meeting and the fact that these Conditions are not mentioned anywhere else in the minutes, we must assume that the board acted to approve the Conditions in this private meeting.”

Neese v. Paris Special Sch. Dist., 813 S.W.2d 432 (Tenn. Ct. App. 1990). “The PSSD is a “Governing body” as that term is defined at T.C.A. § 8-44-102 and it operates three schools consisting of kindergarten through grade 6.”

Auburn Univ. v. ADVERTISER Co., 867 So. 2d 293 (Ala. 2003).

— Tenn. Code Ann. § 8-44-102(d) — 1 case

Bundren v. Peters, 732 F. Supp. 1486 (E.D. Tenn. 1989).

— Tenn. Code Ann. § 8-44-102(e) — 2 cases

Metro. Air Rsch. Testing Auth., Inc. v. Metro. Gov't of Nashville, 842 S.W.2d 611 (Tenn. Ct. App. 1992). “” Tenn.Code Ann. § 8-44-102(e). It has never been interpreted to apply to meetings pertaining to decisions made by single public officials.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.