Suddenly, seemingly out of nowhere, various elected officials around the state all started talking about how hard it’s been to do their jobs all these years because meeting in public is such a big hassle. The panel ended up recommending a change that would dramatically weaken the law, which will possibly be considered by state legislators next year.
Memphis City Councilman-elect Shea Flinn responds:
Unfortunately in a world where the definition of "is" can be up for debate, the definition of "deliberate" is a possible gray area. We all want to follow the law, but laws prohibitting [sic] conversations (no matter how necessary) are by their nature tricky things. If I attend a neighborhood meeting, and another City Council person is there because they represent the same neighborhood. Neither of us would be allowed to address the group about issues affecting the area without violating the law. This might be a small price to pay to prevent abuses, and it might not be as complicated as an MLGW bill, but I think simple overstates the premise somewhat.
The example cited here is not a violation of the open meetings law (where is the deliberation?), and therefore not a justification for changing it. It really isn't that difficult. Why the sudden interest in conducting the public's business in secret?
Submitted by Anonymous on Thu, 12/13/2007 - 02:43.
You see it is just that some of these elected officials do not want it to seem in public session that they have not read up on all the data proposed in the various codes and laws. Much better for a few to sort it all out and vote by the good ole buddy system. They say so and we vote so. Just that the they is a few elected officials and not the citizenry.
The example that incoming Memphis City Council member Shea Flinn and current Shelby County Commissioner, Steve Mulroy cite is illegal if notice of the meeting was not posted on a "magic sunshine bulletin board" in the basement of 160 N. Main St. 48 hours in advance, the media was not notified of their attendance, and there was an exchange between the two members.
Seems like a lot of conditions huh?
In reality, no one would be stupid enough to prosecute two members for attending and speaking at a neighborhood meeting they both represent. If anything, they would acquaint them with the bulletin board, and ye olde press release, and wag their finger at them.
Submitted by persimmon on Sat, 12/22/2007 - 20:09.
I don't think notice is required for that meeting. Neither official called the meeting, and since they are on separate legislative bodies, they can not possibly deliberate. It's just a chance meeting, and the presence of members of the public means it is not a secret meeting.
The law is really not that complicated or restrictive. It seems like some law directors, including Knox County's, have given advice that is far more restrictive than the law itself. Best as I can tell, this is out of frustration over trying to explain words like "deliberate" to closed-minded twits with little capacity for learning and comprehension. Basically, the advice is, "If you guys are too stupid to figure this out, just stop talking to each other at all."
You see it is just that some of these elected officials do not want it to seem in public session that they have not read up on all the data proposed in the various codes and laws. Much better for a few to sort it all out and vote by the good ole buddy system. They say so and we vote so. Just that the they is a few elected officials and not the citizenry.
The example that incoming Memphis City Council member Shea Flinn and current Shelby County Commissioner, Steve Mulroy cite is illegal if notice of the meeting was not posted on a "magic sunshine bulletin board" in the basement of 160 N. Main St. 48 hours in advance, the media was not notified of their attendance, and there was an exchange between the two members.
Seems like a lot of conditions huh?
In reality, no one would be stupid enough to prosecute two members for attending and speaking at a neighborhood meeting they both represent. If anything, they would acquaint them with the bulletin board, and ye olde press release, and wag their finger at them.
That is all...
I don't think notice is required for that meeting. Neither official called the meeting, and since they are on separate legislative bodies, they can not possibly deliberate. It's just a chance meeting, and the presence of members of the public means it is not a secret meeting.
The law is really not that complicated or restrictive. It seems like some law directors, including Knox County's, have given advice that is far more restrictive than the law itself. Best as I can tell, this is out of frustration over trying to explain words like "deliberate" to closed-minded twits with little capacity for learning and comprehension. Basically, the advice is, "If you guys are too stupid to figure this out, just stop talking to each other at all."