Best Practices for Staff Supporting Boards and Commissions of the Metropolitan Government of Nashville and Davidson County

• Transparency: All actions and deliberations should be open and accessible to the public, as mandated by the Tennessee Open Meetings Act.
• Accuracy: Agendas must accurately reflect the business to be conducted at a meeting of the board or commission and be posted publicly in advance of the meeting. Minutes must accurately reflect the actions taken by the board or commission at a meeting. Membership changes and attendance must be accurately reported to the Clerk.
• Clarity: Information should be presented in a clear, concise, and understandable manner.
• Consistency: Supporting staff should maintain a consistent format and approach for documents and other communications.
• Timeliness: Agendas, minutes, supporting materials, membership information, and meeting schedules should be disseminated within established and reasonable timeframes.

The agenda serves as the roadmap for the meeting. Proper agenda preparation is crucial for an effective and compliant meeting.

A. Legal Requirements (Tennessee Open Meetings Act and Metro Code of Laws):

1. Establishing Meeting Locations: Each board or commission of the metropolitan government shall hold its regular and special meetings in a suitable place in one of the buildings of the metropolitan government. All meetings of metropolitan boards and commissions shall be open to the public (MCL 2.68.010).
2. Advance Public Notice:
   • Reasonable Public Notice: The TN Open Meetings Act requires "adequate public notice" of all meetings. While not explicitly defined, "reasonable notice" is generally understood to be at least 48 hours in advance for regular meetings. For special-called meetings, the notice must be as soon as practicable and must include the purpose for which the meeting is being called. Please consult with your Metro Legal attorney for more information.
   • Public notification of meetings: Metro Code requires each board or commission to develop a policy, approved by the department of law, for providing adequate notice of all board or commission meeting dates, times, locations and agendas (MCL 2.68.020.A). Please consult with your Metro Legal attorney for more information.
   • Website Posting: Included in the policy above, each board or commission of the metropolitan government shall include a procedure for submitting meeting notices and agendas to the department of information technology services for posting on the website calendar (MCL 2.68.020.A). Posting the meeting notices and agendas on the Nashville.gov calendar at least 48 hours in advance of the meeting is considered to be in compliance with the state law notice requirements pursuant to Tenn. Code Ann. § 8-44-110(d). The Nashville.gov Support team ([email protected]) can assist with either posting your meeting information for you or they can provide training for a staff member to create posts on Nashville.gov.
3. Specific Meeting Information: The notice and agenda must include:
   • Date of the meeting.
   • Time of the meeting.
   • Exact location of the meeting (physical address, room number, etc.).
4. Agenda Content: While the TN Open Meetings Act doesn't mandate the level of detail for agenda items, it does require that the public be informed of the business to be discussed or acted upon. Avoid vague descriptions that could obscure the true nature of the discussion.
5. ADA Accommodation Notice: Agendas should include an ADA accommodation notice, typically at the bottom of the agenda. Example:
   

If any accommodations are needed for individuals with disabilities who wish to be present at this meeting, please request the accommodation through hubNashville at https://nashville.gov/hub-ADA-boardsor by calling (615) 862-5000. Requests should be made as soon as possible, but 72 hours prior to the scheduled meeting is recommended.

B. Best Practices for Content and Structure (Applying Robert's Rules of Order Principles):

1. Standardized Format: Use a consistent template for all agendas. (see attached example)
2. Clear Heading: Include the full name of the board/commission, date, time, and location.
3. Order of Business (Typical per Robert's Rules): While Robert’s Rules of Order recommends the Old Business/New Business agenda structure, it isn’t necessarily the best structure for every board or commission. Consider the types of “action” items that normally come before the body and structure the agenda in a way that makes sense and is efficient and conducive to discussion and action by the body.
   • Call to Order: The presiding officer formally opens the meeting.
   • Roll Call/Establish Quorum: Confirming the presence of enough members to conduct business.
   • Public Comment Period: Each board and commission should establish a procedure for allowing public comment within their operating rules to comply with state law. The governing body may put reasonable restrictions on the period for public comment, such as the length of the period, the number of speakers, and the length of time that each speaker will be allowed to provide comment. The governing body may require a person to give notice in advance of the desire to offer comments at a meeting. The governing body shall take all practicable steps to ensure that opposing viewpoints are represented fairly, if any. The agenda/meeting notice should provide instructions on how the public can participate in this comment period. (Tenn. Code Ann. § 8-44-112) Please consult with your Metro Legal attorney for more information.
   • Approval of Minutes: Review and approval of minutes from the previous meeting.
   • Action Items/Old Business/Unfinished Business: Items that require discussion or action by the body, potentially carried over from previous meetings
   • New Business (optional): Items presented for the first time for discussion and potential action, either now or at a future meeting.
   • Reports (optional): Informational reports (from staff, committees, or other outside parties) that may or may not require action.
   • Announcements (optional): General information sharing.
   • Adjournment: Formal ending of the meeting.
4. Descriptive Agenda Items:
   • Each item should be clearly and concisely stated, providing enough information for members and the public to understand the topic.
   • For action items, indicate the requested action (e.g., "Discussion and possible action regarding...", "Vote on Resolution 2025-01...").
   • Consider including a brief background or purpose statement for complex items.
5. Supporting Materials:
   • Indicate if supporting documents (e.g., reports, resolutions, ordinances, maps) will be provided for specific agenda items.
   • Be prepared to make these materials available to the public in advance, ideally alongside the agenda or by request, to facilitate informed participation. Consider using an “agenda packet” which includes the main agenda as the cover sheet with all supporting materials included after.
6. "Action" vs. "Discussion" Items: Clearly distinguish between items intended for discussion only and those requiring a vote or formal action.
7. Consent Agendas (Optional):
   • Group routine, non-controversial items that can be approved with a single vote (e.g., minutes from a previous meeting, routine administrative reports).
   • Clearly label "Consent Agenda" and list all items within it.
   • Any member can request to remove an item from the consent agenda for individual discussion and vote.
8. Executive Session (If Applicable and Justified by Law): The courts have established narrow parameters related to when multiple members of a governing body may go into executive session with the municipal attorney. An executive session may be called to discuss a pending lawsuit or threat of a lawsuit where the governing body is a named party. However, the governing body must deliberate towards and/or make decisions related to the subject of the executive session in an adequately noticed public meeting. If an executive session is anticipated, it must be listed on the agenda. Please consult with your Metro Legal attorney for more information.
9. Agenda Deadlines: Establish clear internal deadlines for staff and board members to submit agenda items and supporting materials.
10. Distribution: Distribute agendas and supporting materials to board members and the public (via posting on Nashville.gov) well in advance of the meeting (a minimum of 48 hours in advance).

Minutes are the official record of the proceedings of a meeting. They must accurately reflect the actions taken and are not meant to be a verbatim transcript of discussions.

A. Legal Requirements (Tennessee Open Meetings Act):

1. Public Record: Minutes are public records and must be available for public inspection within a reasonable time after the meeting. Until minutes are adopted at a subsequent meeting, the minutes are considered to be “draft” minutes. Draft minutes can be made available to the public with a statement such as: “these minutes have not been adopted by the board yet and are subject to modification until they have been officially adopted.”
2. Content: While the Act doesn't specify detailed content, minutes should generally include:
   • Date, time, and location of the meeting.
   • Names of members present and absent.
   • A summary of all motions made, the names of the movers, note whether or not the motion was properly seconded, and the outcome of the vote (including individual votes if required or if a roll call vote is taken).
   • Identification of all agenda items discussed.
   • Note of any citizen comments or public hearing participants (though not necessarily the full content of their remarks). Example: John Smith was heard in favor of the proposal.
   • Any decisions or actions taken by the body.

B. Best Practices for Content and Structure (Applying Robert's Rules of Order Principles):

1. Standardized Format: Use a consistent template for all minutes.
2. Clear Heading: Include the full name of the board/commission, date, and type of meeting (e.g., "Regular Meeting," "Special Meeting").
3. Accuracy and Objectivity:
   • Focus on what was done (motions, votes, decisions) rather than what was said (discussions, debates).
   • Avoid personal opinions, editorial comments, or subjective interpretations.
4. Concise and Clear Language: Use plain language. Avoid jargon and acronyms where possible.
5. Key Elements to Include (per Robert's Rules):
   • Kind of meeting: Regular, special, or adjourned.
   • Name of the board/commission.
   • Date and time of the meeting.
   • Place of the meeting.
   • Names of members present and absent. Note the Chair/presiding officer, vice chair, and any ex-officio members.
   • Quorum: Confirmation that a quorum was present.
   • Approval of Previous Minutes: State that the minutes of the previous meeting were approved (or approved as amended).
   • Motions:
     • Record every motion (main motions, subsidiary motions, privileged motions, incidental motions).
     • Include the exact wording of the motion as it was stated.
     • Name of the mover.
     • Note whether or not the motion was properly seconded. If a motion does not receive a second, the motion cannot be considered.
     • Result of the vote (e.g., "Motion approved," "Motion failed," "Unanimously approved").
     • If a roll call vote is taken, list how each member voted.
   • Amendments to Motions: If an amendment is made and adopted, the minutes should reflect the original motion and then the motion as amended. If an amendment fails, just record the motion to amend and its failure.
   • Reports: Briefly summarize reports given, indicating who presented them. If a report requires action, that action should be recorded as a motion.
   • Decisions and Actions: Clearly state the outcome of any vote or decision.
   • Adjournment: Time of adjournment.
   • Signature: Typically signed by the secretary or designated staff member and approved by the presiding officer.
6. No Verbatim Transcripts (Unless Required by Specific Bylaws/Policy): Generally, minutes are a summary of actions, not a transcript of discussions. Lengthy discussions can be summarized briefly if they led to a motion.
7. Correction of Minutes: If errors are found in minutes after approval, they can be corrected by a motion at a subsequent meeting. The minutes of the correcting meeting should reflect the correction made to the previous minutes.
8. Retention: Maintain minutes permanently as official records of the local government.
9. Draft vs. Approved Minutes: Clearly label minutes as "Draft" until formally approved by the board/commission. Once approved, remove the "Draft" label.
10. Public Availability: Make approved minutes readily available to the public in a timely manner (e.g., on Nashville.gov or by public request).

A. Agenda Preparation:

• Collaborate with the board/commission chair and department leadership, if applicable, to develop the agenda.
• Gather all necessary supporting documents for agenda items.
• Ensure proper legal notice is given and documentation is complete.
• Distribute agendas and supporting materials in a timely manner.

B. Meeting Support:

• Scheduling – confirming that a quorum of the board or commission members are available for a meeting, reserving the meeting space, and coordinating with MNN for the recording/broadcast of the meeting.
• Accessibility
  • If requests for ADA accommodations have been received, coordinate with your department’s ADA coordinator for guidance.
  • If you’re aware of someone with limited English proficiency that has an item on the agenda, contact the Metro Human Relations Commission for guidance and assistance with interpretation or translation services.
• Ensure meeting space is prepared and equipped.
• Assist the presiding officer with parliamentary procedure as needed (but avoid directing the meeting).
• Accurately record motions, seconds, and votes.
• Track attendance and quorum.

C. Minutes Preparation:

• Draft minutes promptly after the meeting.
• Review minutes for accuracy and completeness before presenting for approval.
• Ensure minutes are properly formatted and include all required elements.
• Facilitate the approval process for minutes.
• Ensure approved minutes are publicly accessible.

D. Compliance Monitoring:

• Stay informed of updates to the Tennessee Open Meetings Act and Metro Code of Laws.
• Advise the board/commission on compliance matters.
• Maintain records in accordance with retention policies.

E. Training: Periodically review these best practices with board/commission members to ensure a shared understanding of procedures and expectations.

F. Reporting:

• Communicate any vacancies on the board/commission (resignations, deaths, ineligibility due to change in residency) to the Appointing Authority for the board/commission as well as to the Metropolitan Clerk.
• Report any changes in leadership positions (Board Chair, Vice Chair, or any other leadership/officer positions) to the Metropolitan Clerk to ensure the roster can be updated.
• Report any excessive absences by a board/commission member pursuant to MCL 2.64.070.C to the Metropolitan Clerk.
• If a scheduled meeting needs to be canceled, notify the Nashville.gov Support team to post the cancelation notice on the Nashville.gov event calendar and contact the MNN team to cancel any scheduled broadcasts or recordings.

G. New Appointee Support and Management:

• If your board/commission appointees are subject to Metro Council confirmation, be aware of upcoming confirmation interviews or confirmation votes for appointees (including reappointees).
• Evaluate whether to attend confirmation interviews, held by the Metro Council’s Rules, Confirmations, and Public Elections Committee, in order to support your appointee and be available to answer any questions about your board/commission. Most new appointees may not know the staff or leadership that support the board/commission for which they have been nominated. Having a staff member present to support them during their interview process with this committee will allow for initial introduction and support during the interview process with Council.
• Immediately upon approval (confirmation by the full Metro Council if subject to Council confirmation, or immediately upon appointment if not subject to Council confirmation), contact your new member to share information about your board/commission, provide information on meeting schedules and location, and answer questions.

• Send a welcome email or prepare a new member binder in advance of the first meeting for the new board/commission member with information about the next meeting, if scheduled, and any governing or plan documents/information (including bylaws, Metro Charter or Code Sections, etc.) that outline the authority and scope of the board/commission. An example is provided below:

  Good afternoon,

  We want to congratulate you on your appointment to the board/commission and please let me extend welcome from the board/commission and staff. We will be updating our records with your contact information.

  Board/commission meetings are regularly scheduled for the XXX of the month at XXX am. Meetings are generally held in the Sonny West Conference Room in the Howard Office Building on the first floor located at 700 2nd Avenue South. The first meeting of your term is the board/commission meeting at XXX am on XXX date.

  Below are links/attached is information related to the board/commission including board/commission bylaws, list of current members, Metro Charter/Code Section(s) that outline the board/commission authority, scope, functions, and duties, and related plan documents that govern provisions of the board/commission work, and Department of Law handbook (as applicable).

  I serve as the board/commission liaison and coordinate information on board/commission action. At any given time, there are several items under deliberation and I would be happy to help bring you up to speed on any of these items at your convenience. Also, information for each board/commission meeting is normally sent to you via courier/email ahead of meetings. Please let us know your preferred contact information, both publicly for the website and private contact information in case our staff needs to reach you and to provide you information for board/commission meetings.

  Please feel free to contact me via email or call me directly at XXX.

  Thank you.

• Tennessee Open Meetings Act (T.C.A. § 8-44-101 et seq.): Regularly review the current statute. The Tennessee Comptroller of the Treasury's Office often publishes guides and opinions on the Act. Tennessee Open Meetings Act FAQ
• Robert's Rules of Order Newly Revised: The definitive guide for parliamentary procedure. Encourage board members and staff to have access to a copy.
• The Charter and Code of Laws for the Metropolitan Government.
  Charter - Article 11 – Administrative Boards and Commission – General Provisions.
  Metro Code of Laws – Chapter 2.64 – Organization and Operation of Boards and Commissions
• Department of Law: Consult with the legal counsel assigned to your board or commission for specific interpretations and guidance on complex situations related to open meetings or parliamentary procedure.