2010 Tennessee Code
Title 4 - State Government
Chapter 35 - State of Tennessee Audit Committee Act of 2005
4-35-108 - Notice of meetings Open meetings Exceptions.

4-35-108. Notice of meetings Open meetings Exceptions.

(a)  Except as provided in subsection (b), all meetings of an audit committee created pursuant to this chapter shall abide by the notice requirements adhered to by the state governing board, council, commission, or equivalent body to which the audit committee is attached.

(b)  All meetings of an audit committee created pursuant to this chapter shall be subject to the open meetings provisions of title 8, chapter 44, except that the audit committee may hold confidential, nonpublic executive sessions to discuss:

     (1)  Items deemed not subject to public inspection under §§ 10-7-503 and 10-7-504, and all other matters designated as confidential or privileged under this code;

     (2)  Litigation;

     (3)  Audits or investigations;

     (4)  Information protected by federal law; and

     (5)  Matters involving information under § 4-35-107(a), where the informant has requested anonymity.

(c)  No business, other than that described under subdivisions (b)(1)-(b)(5), shall be considered during a confidential, nonpublic executive session by the audit committee.

(d)  For purposes of providing notice of a confidential, nonpublic executive session, the agenda must disclose the general nature of discussion as described under subdivisions (b)(1)-(b)(5).

(e)  A meeting at which both subject matter open to the public and confidential subject matter will be discussed shall be conducted as follows:

     (1)  All business relating to subject matter that is public in nature shall be conducted first; and

     (2)  At the conclusion of the meeting relating to subject matter that is public in nature, the chair shall announce that the public portion of the meeting is adjourned and that the remainder of the meeting will concern matters that are confidential under subdivisions (b)(1)-(b)(5). When everyone at the meeting who is not authorized to attend the confidential portion of the meeting has departed, the confidential portion of the meeting shall commence.

(f)  This chapter is not intended to prevent the full state governing board, commission, council, or equivalent body from going into confidential, nonpublic executive session for the purpose of further discussing those matters as described under subdivisions (b)(1)-(b)(5). All portions of meetings of the full state governing board, commission, council, or equivalent body, where matters described under subdivisions (b)(1)-(b)(5) will be discussed, shall be exempt from the provisions of title 8, chapter 44; provided, that the full state governing board, commission, council or equivalent body shall abide by the notice requirements of subsections (c)-(e).

[Acts 2005, ch. 310, § 9.]