There were several changes to the Open Meetings Act passed during the 2026 legislative session. Those changes impacted the laws on public comment, agendas, community meetings, and interviews for director-level positions.
The law providing for public comment periods, T.C.A. § 8-44-112, was revised by Public Chapter 620 to require local governing bodies, including county legislative bodies, to allow for public comment on not only matters germane to agenda items but also on any matter germane to the jurisdiction of the local governing body. This greatly expands the items the public is entitled to comment upon during the reserved public comment period. Please note this expansion only applies to local governing bodies such as county legislative bodies and school boards. It does not currently apply to other bodies such as planning commissions or election commissions. It also does not apply to state agencies or entities.
This past legislative session also saw changes to the law on publishing meeting agendas, T.C.A. § 8-44-110. Public Chapter 699 extended the agenda publication requirements to governing bodies of local education agencies and to any other local governing bodies (as defined in T.C.A. § 8-44-102) that have authority to make binding decisions or the ability to appropriate funds.
Changes were also made related to electronic participation. Public Chapter 895 amended T.C.A. § 8-44-108 to allow members of local governing bodies and the public to participate in community meetings by electronic means. The law defines “community meeting” as “the convening of members of a community in a political subdivision to discuss and receive information about community public business.” No votes may be taken during community meetings.
Finally, Public Chapter 1048 amended T.C.A. § 8-44-102 to authorize governing bodies to conduct executive sessions for the purpose of conducting interviews for “director-level” employees. Those positions are defined in the law as being “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 having “authority over the operation and employees of a department, agency, or division of the governmental entity.” While the interviews may be conducted in executive session, the law provides that all deliberation and voting must occur in open, publicly noticed meetings. No hiring decisions may be made in the executive session. The law also sets out certain confidentiality provisions related to the application materials.
If you have any questions on these legislative changes, please reach out to your county government consultant.