As one of the many actions Tennessee’s Governor Lee has taken to address the risks that the COVID-19 pandemic is creating for public health in our state, the governor issued Executive Order No. 16 (EO 16) to permit local governing bodies to conduct meetings electronically. Shortly thereafter, the State Comptroller’s Office issued guidance, which was subsequently revised, on how local governing bodies should conduct electronic public meetings consistent with EO 16. Copies of EO 16 and the revised guidance from the Comptroller’s Office are attached and we would urge you to carefully review these materials before undertaking an electronic meeting.

The validity of actions taken by public governing bodies is often critical to the work that our public finance attorneys undertake for local governments. Such actions could include bond resolutions, actions relating to economic incentives, and other actions involving public finance. After having observed the undertaking of a number of electronic meetings of local government entities pursuant to EO 16, we would encourage you to consider the issues outlined below in undertaking an electronic public meeting. Please note that many of the points discussed are not legally mandated but should be considered as best practices, in our judgment, for conducting an electronic meeting...