Tennessee Code Annotated

Tenn. Code Ann. § 8-44-104 (2026)

Minutes recorded and open to public - Secret votes prohibited

✓ current as of May 2026

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(a) The minutes of a meeting of any such governmental body shall be promptly and fully recorded, shall be open to public inspection, and shall include, but not be limited to, a record of persons present, all motions, proposals and resolutions offered, the results of any votes taken, and a record of individual votes in the event of roll call.

(b) All votes of any such governmental body shall be by public vote or public ballot or public roll call. No secret votes, or secret ballots, or secret roll calls shall be allowed. As used in this chapter, "public vote" means a vote in which the "aye" faction vocally expresses its will in unison and in which the "nay" faction, subsequently, vocally expresses its will in unison.

Acts 1974, ch. 442, § 4; T.C.A., § 8-4404; Acts 1980, ch. 800, § 1.

Notes of Decisions

Cited in 16 cases (2 in the last 5 years), 1996–2023 · leading case: Abdur'Rahman v. Bredesen, 181 S.W.3d 292 (Tenn. 2005).

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Abdur'Rahman v. Bredesen, 181 S.W.3d 292 (Tenn. 2005). · cites it 2× “2004); violated the Open Meetings Act, see Tenn.Code Ann. § 8-44-104 (2002); is contrary to the Nonlivestock Animal Humane Death Act, see Tenn.”

Zseltvay v. Metro. Gov't of Nashville & Davidson Cnty., 986 S.W.2d 581 (Tenn. Ct. App. 1998). · cites it 4× “§ 8 — 44-104(a), and that *584 all votes of governmental bodies be public, Tenn.Code Ann. § 8-44-104(b). The chief violation of the Act alleged by the appellant involves Tenn.”

Souder v. Health Partners, Inc., 997 S.W.2d 140 (Tenn. Ct. App. 1998). · cites it 2× “T.C.A. § 8-44-104 (1993). In the event that these requirements are not met, “[a]ny action taken at a meeting in violation of this part shall be void and of no effect.”

Thompson v. Memphis Light, Gas & Water Div., 244 S.W.3d 815 (Tenn. Ct. App. 2007). · cites it 2× “Tenn.Code Ann. § 8-44-104 (2002). Action nullified — Exception.”

George Hutsell & Teresa Hutsell v. Jefferson Cnty. Bd. of Zoning Appeals (Tenn. Ct. App. 2005). · cites it 7× “Tenn. Code Ann. § 8-44-104 1 provides that the minutes of any meeting subject to the Open Meetings Act shall be “promptly and fully recorded.”

Steven Sudbury v. Sumner Cnty. Reg'l Airport Auth. (Tenn. Ct. App. 2020). · cites it 4× “Tenn. Code Ann. § 8-44-104 . Further, the Act requires that the minutes of a meeting of a governing body to be promptly and fully recorded, and open to the public.”

Dennis Allen v. City of Memphis, Tennessee (Tenn. Ct. App. 2004). · cites it 6× “Tenn. Code Ann. § 8-44-104 (a) (1995). Finally, Tenn.”

Grace Fellowhip Church v. Lenoir City Beer Bd. & KVAT Food Stores, Inc. (Tenn. Ct. App. 2001). · cites it 6× “, the “Sunshine Law”, and the efforts of Food City to present to the Court what transpired before the Board is a cogent reminder of why Tenn. Code Ann. §8-44-104 (a) was enacted.”

Matthew Keith Hubbard v. Claiborne Cnty. Bd. of Educ. (Tenn. Ct. App. 2021). · cites it 2× “See Tenn. Code Ann. § 8-44-104 (2016). The Board members posed questions to counsel for both parties about the evidence at the hearing and the hearing officer’s decision.”

Benefit Consulting All., LLC v. Clarksville Montgomery Cnty. Sch. Sys. (Tenn. Ct. App. 2013). · cites it 2× “No public notice was given of this meeting in strict violation of Tenn. Code Ann. § 8-44-103 (b). 24. No minutes of this meeting were kept in strict violation of Tenn.”

Fred H. Wright, Ph.D. v. Tennessee Bd. of Examiners in Psychology (Tenn. Ct. App. 2004). · cites it 2× “Wright contends this ex parte communication violated the following: (1) section 4-5-304(a) of the Tennessee Code prohibiting ex parte communications in contested case hearings; (2) the administrative law judge’s own instruction to the Board prior to deliberating; (3) section…”

Long v. City of Coopertown, 801 F. Supp. 2d 674 (M.D. Tenn. 2011). · cites it 2× “Tenn.Code Ann. § 8-44-104(a) (providing that meeting minutes "shall be promptly and fully recorded .”

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— Tenn. Code Ann. § 8-44-104(a) — 4 cases

Zseltvay v. Metro. Gov't of Nashville & Davidson Cnty., 986 S.W.2d 581 (Tenn. Ct. App. 1998). “§ 8 — 44-104(a), and that *584 all votes of governmental bodies be public, Tenn.Code Ann. § 8-44-104(b). The chief violation of the Act alleged by the appellant involves Tenn.”

Fred H. Wright, Ph.D. v. Tennessee Bd. of Examiners in Psychology (Tenn. Ct. App. 2004). “Wright contends this ex parte communication violated the following: (1) section 4-5-304(a) of the Tennessee Code prohibiting ex parte communications in contested case hearings; (2) the administrative law judge’s own instruction to the Board prior to deliberating; (3) section…”

Long v. City of Coopertown, 801 F. Supp. 2d 674 (M.D. Tenn. 2011). “Tenn.Code Ann. § 8-44-104(a) (providing that meeting minutes "shall be promptly and fully recorded .”

Sorey v. Wilson Cnty. Book Review Comm. (M.D. Tenn. 2023).

— Tenn. Code Ann. § 8-44-104(b) — 1 case

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