Section 8-44-108 - Participation by electronic or other means(a) As used in this section, unless the context otherwise requires: (1) "Electronic means of communication" means communication by video conference or audio conference and may include the use of an internet-based platform, but does not include email;(2) "Governing body" means the governing body of a board, agency, or commission of state government, including state debt issuers;(3) "Meeting" has the same definition as defined in § 8-44-102;(4) "Necessity" means that the matters to be considered by the governing body at that meeting require timely action by the body, that physical presence by a quorum of the members is not practical within the period of time requiring action, and that participation by a quorum of the members by electronic or other means of communication is necessary; and(5) "State debt issuers" means the Tennessee state funding board, Tennessee local development authority, Tennessee housing development agency, and Tennessee state school bond authority, and any of their committees.(b)(1) A governing body may, but is not required to, allow participation by electronic or other means of communication for the benefit of the public and the governing body in connection with any meeting authorized by law; provided, that a physical quorum is present at the location specified in the notice of the meeting as the location of the meeting.(2) If a physical quorum is not present at the location of a meeting of a governing body, then in order for a quorum of members to participate by electronic or other means of communication, the governing body must make a determination that a necessity exists. Such determination, and a recitation of the facts and circumstances on which it was based, must be included in the minutes of the meeting.(3) If a physical quorum is not present at the location of a meeting of a governing body other than a state debt issuer, the governing body other than a state debt issuer must file such determination of necessity, including the recitation of the facts and circumstances on which it was based, with the office of secretary of state no later than two (2) working days after the meeting. The secretary of state shall report, no less than annually, to the general assembly as to the filings of the determinations of necessity. This subdivision (b)(3) does not apply to the board of regents, the board of trustees of the University of Tennessee, the Tennessee higher education commission, a state university board, or an advisory board for a University of Tennessee system if the advisory board has had a physical quorum present at the location of the advisory board meeting at least one (1) time in the previous twelve (12) months.(4) Nothing in this section shall prohibit a governing body from complying with § 8-44-109.(c)(1) Any meeting held pursuant to the terms of this section shall comply with the requirements of the Open Meetings Law, codified in this part, and shall not circumvent the spirit or requirements of that law.(2) If a meeting will be conducted permitting participation by members by electronic means of communication, then the governing body shall allow members of the public who are not in attendance at the physical location of the meeting to:(A)(i) View and listen to the meeting by electronic means in real time, if the meeting is conducted using video conference; or(ii) Listen to the meeting by electronic means in real time, if the meeting is conducted with audio only with no video; and(B) Participate or provide comment by electronic means of communication, if participation or public comment would normally be allowed at the meeting.(3) A notice required by this part or other law and the agenda for the meeting must:(A) State that the meeting will include members of the governing body who are participating by electronic means of communication;(B) Contain information necessary for members of the public to access the meeting by electronic means to view or listen; and(C) Contain instructions on how to provide public comment by electronic means of communication, which may include contacting the governing body or registering in advance to receive information enabling a person to provide public comment by electronic means. This subdivision (c)(3)(C) does not require a governing body to allow public comment as part of its meetings or alter its rules for public comment or public participation in a meeting.(4) A governing body that conducts a meeting allowing participation by electronic means of communication shall make a recording of the meeting, and post the recording or a link to the recording on its website that contains information about the governing body and its meetings. The governing body shall post the recording or link to the recording as soon as possible but no later than three (3) business days after the meeting. The governing body shall retain the recording or link for at least three (3) years after the recording was created.(5) Each part of a meeting required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting. Each member participating electronically or otherwise must be able to simultaneously hear each other and speak to each other during the meeting. Any member participating in such fashion shall identify the persons present in the location from which the member is participating.(6) Any member of a governing body not physically present at a meeting shall be provided, before the meeting, with any documents that will be discussed at the meeting, with substantially the same content as those documents actually presented.(7) All votes taken during a meeting held pursuant to the terms of this section shall be by roll call vote.(8) A member participating in a meeting by this means is deemed to be present in person at the meeting for purposes of voting, but not for purposes of determining per diem eligibility. However, a member may be reimbursed expenses of such electronic communication or other means of participation.(d) Notwithstanding this chapter to the contrary, members of an emergency communications district board of directors may participate in meetings by any electronic means approved by such board. A board member who participates in a meeting electronically under this subsection (d) is present for purposes of creating a quorum and voting on matters presented to the board for consideration during the meeting to the same extent as a board member who is physically present at the meeting. Subdivisions (c)(1)-(6) apply to meetings held pursuant to this subsection (d).Amended by 2022 Tenn. Acts, ch. 856, Secs.s2, s3, s4 eff. 7/1/2022.Amended by 2022 Tenn. Acts, ch. 856, s 1, eff. 7/1/2022.Amended by 2020 Tenn. Acts, ch. 692, s 2, eff. 6/11/2020.Amended by 2017 Tenn. Acts, ch. 217, s 2, eff. 4/28/2017.Acts 1990, ch. 815, § 1; 1999, ch. 490, § 1; 2005, ch. 82, § 1; 2008 , ch. 923, § 1; 2012, ch. 1054, § 3.