(September 3, 2014, Jackson, TN) – Jackson Madison County School (JMCS) Board members, along with JMCS Central were invited to superintendent Verna Ruffin’s home but was it a violation of the state’s open meeting law?
On Friday, August 29th a day long retreat was held for JMCS Central Office employees. The event was moderated by a contracted consultant and was organized by the superintendent’s office. Part of the event included an evening function at Dr Ruffin’s home that included invitations to the members of the school board.
According to an interview with the Jackson Sun, board chairman Jim Campbell stated that part of the evening included a presentation of the information covered during the retreat. The evening included dinner and was attended by central office staff as well as board members, Jim Campbell, Truman Murray, Janice Hampton, and Dave Bratcher. Board member David Clifft said he was invited but didn’t attend, he was concerned that the get together might conflict with the state’s Sunshine Law. Board member Dave Bratcher said the evening was primarily a social evening that included a short presentation by a consultant about the 10 points that Central Office staff covered in the retreat.
There have been prior instances of the school board chairman host events for fellow board members and central office personnel. Former chairman Bob Alvey hosted two events, one dinner (which he described at the time as a get to know you evening), and once more to watch the a film presentation. Both instances public notice was given and the press was invited.
The Tennessee Open Meeting Law, also known as the Sunshine Law, says that any meeting is open when it consists of two or more members of a governing body (empowered to deliberate toward a decision) or a group making recommendations to a governing body. Any planned meeting of two or more elected officials meets the Sunshine law. It also means that any citizen body organized by an elected body is subject to the Open Meeting law. https://www.comptroller.tn.gov/openrecords/pdf/open%20meetings%20draft8-44-101.pdf
An opinion by the state’s Attorney General is being tested across the state by some elected bodies. CLICK HERE
In June of 2012 State Attorney General Robert Cooper said The private discussion of public business at a meal by two or more members of a governing body could present the potential issue of whether a chance meeting, or informal assemblage, was used to decide or deliberate public business in circumvention of the spirit or requirements of the Open Meetings Act. Court decisions under the Act are necessarily fact dependent.
Nonetheless, to avoid any violation of the Act the best advice is that, while two or more members may share a meal together in which public business is discussed, such discussion should not constitute deliberations CLICK HERE TO READ THE ENTIRE OPINION
In a phone interview with Tennessee Coalition for Open Government Executive Director, Deborah Fisher said “A school board should be very careful when they decide to meet outside of a public meeting and discuss board business. If they end up deliberating or talking with each to form an opinion about a particular course of action — that would be a violation of the Sunshine Act. That’s the kind of discussion that our Sunshine law says should not be in secret.”. According to the TCOG website, Tennessee Coalition for Open Government seeks to preserve, protect and improve citizen access to public information and open government in Tennessee”
The content of the consultants presentation, discussion, and any other details of the evening were not released.
The Jackson Madison County School Board will meet Thursday September 11, at 5:00 PM for a combined work session and school board meeting. the meeting will be held at the Central Office School Service Center on North Parkway.
