Monday, September 26, 2011

Broyles Misses her Own Directional Training By 4 Hours

On Saturday we posted this item on Shock And Awe. Broyles notice was only sent to the 10 Commissioners, herself and the Commission Secretary. No media entities were noticed. So, it wasn't an adequate notice in informing the media or public.  

So, I decided to ask the Law Director Joe Jarrett's opinion on just the timeliness of the notice. So my message to him was, "Amy Broyles at 7 pm Friday notices a meeting at 3 pm Sunday. Is that enough notice".

His reply
"Sir, as you are aware, the Tennessee Code requires local government entities to give "reasonable/adequate notice" in anticipation of public meetings, albeit, fails to define either term. Our courts have ruled that, what constitutes adequate public notice depends on the totality of the circumstances. In Memphis Publishing Company v. City of Memphis, 513 S.W.2d 511, 513 (Tenn. 1974), the Tennessee Supreme Court declared that, "[a]dequate public notice means adequate public notice under the circumstances, or such notice based on the totality of the circumstances as would fairly inform the public." See also Neece v. Paris Special School District, 813 S.W.2d 432 (Tenn. Ct. App. 1990). Other courts have ruled that less than 48 hours notice is inadequate, albeit, that is not the law of the land. If a court concludes that less than adequate notice was given at a public meeting, and a quorum was present, and action taken, then that action would be considered a nullity. I always caution the Commission and Board of Education during my periodic trainings to give at least 48 hours."

So, Law Director Jarrett cautions the Commission to give at least 48 hours. So, Broyles through her own training knew not to schedule the meeting until 7:51 pm or later on Sunday. However, I contend a notice at 7:51 pm on Friday might is still not an adequate notice, even if she had noticed any media entity.

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