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e-Li: Electronic Library

Electronic Participation in Meetings

County legislative bodies are authorized by T.C.A. § 5-5-106 to allow members to participate in meetings electronically under certain circumstances. Opting in to this law requires a two-thirds (2/3) vote. Once a county legislative body opts into the section, members may participate in meetings by electronic means, including videoconferencing or other web-based media. Members may only participate electronically for the following reasons: family or medical emergencies, military service, or inclement weather. Legislative bodies may opt out of the section in the same manner they opted in. Under the law, a physical quorum of members must be present at the location of the meeting and no more than twenty percent (20%) of members, not to exceed three (3), may participate in a particular meeting electronically. The law limits members’ use of electronic participation to two (2) times per year.  

All meetings of a legislative body conducted by electronic means under the authority of this section must remain open and accessible to the public by providing real-time, live audio or video access to the public. A clear audio or video recording of the meeting must be made available to the public as soon as practicable following the meeting, and in no event more than two (2) business days after the meeting. In the public notice required by § 8-44-103, the county legislative body must provide information regarding how the public can obtain real-time, live access to, or a broadcast of, the meeting, and the legislative body is strongly urged to provide an agenda for the meeting in such notice. County legislative bodies adopting this section must develop a policy for conducting meetings with electronic participation.