Open Meetings - As enacted, authorizes a governing body to conduct an executive session for the purpose of interviewing applicants for employment as director-level staff of the body without providing public notice of suc, the official text

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                        ~tate of \lrennessee

                         PUBLIC CHAPTER NO. 1048

                                                  HOUSE BILL NO. 2616

                                                By Representative Moon

                                       Substituted for: Senate Bill No. 2162

                                               By Senators Briggs, Haile

          AN ACT to amend Tennessee Code Annotated, Title 8, relative to executive sessions for
consideration of employment by a governing body.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 8-44-102, is amended by adding the
following as a new subsection:

          (e)

                    (1) A governing body may conduct an executive session for the purpose of
          interviewing applicants for employment as director-level staff of the body. A governing
          body conducting an executive session pursuant to this subsection (e):

                              (A) Is not required to provide public notice of such executive session;

                              (B) Shall not make hiring decisions or deliberate in the executive session.
                    All deliberation and voting must be done in an open, publicly noticed meeting;

                              (C) Shall cause the minutes of such session to disclose all persons who
                    were in attendance, except the applicants who attend for the purpose of being
                    interviewed by the governing body;

                              (D) Shall limit attendance to members of the governing body, relevant
                    staff invited by the body, and the applicants;

                              (E) Shall treat an applicant's application materials as confidential, and
                    such materials are not open to public inspection, upon request by the applicant;
                    and

                              (F) Shall treat the selected applicant's interview, if recorded, and
                    application materials as public records, subject to a public records request
                    pursuant to § 10-7-503, upon the applicant being selected for employment or
                    appointment. Notwithstanding § 10-7-503, the application materials and interview
                    of applicants not selected must remain confidential upon request.

                    (2) As used in this subsection (e), "director-level" means a position that:

                              (A) Is filled by the mayor or a vote of the governing body or by the mayor
                    with confirmation by the governing body, excluding the chief of police; and

                              (B) Has authority over the operation and employees of a department,
                    agency, or division of the governmental entity.

          SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.
         HOUSE BILL NO. 2616

PASSED:  April 15, 2026

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                                 CAMERON SEXTON, SPEAKER

                                 HOUSE OF REPRESENTATIVES

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                                SPEAKER OF THE SENATE

APPROVED this /)J -S,- day of  (\(\ Ge , ,,... <  2026

                                    6

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BILL LEE, GOVERNOR