Commissioners use desk phones in meetings

Hamilton County commissioners routinely make calls on land-line phones next to their seats during public meetings, sometimes to each other.

But commissioners say the nature of the calls does not violate the state's Sunshine Law, which insists that all official business be conducted in full view - and hearing - of the public.

"I've gotten a couple of phone calls from some commissioners, maybe once a year," said Commissioner John Allen Brooks, who recently lost re-election. "Mine have been in compliance with the Sunshine Law."

Calls Commissioner Larry Henry received during meetings "didn't have anything to do with whatever we were voting on," he said.

"I think one time I was asked by one commissioner if I was going to some reception or something that afternoon," Henry said.

The calls would violate the law if someone could prove that commissioners were discussing official business, according to Frank Gibson, executive director of the Tennessee Coalition for Open Government.

And it leaves the commission open to a lawsuit if a member of the public who doesn't like a commission action alleges that the members are secretly handling commission business.

"It gives the public reason to be suspicious," Gibson said. "It raises doubt."

Employees of Tennessee's three other large county boards - Knox, Shelby and Davidson - said their elected officials do not have access to individual land-line phones during public meetings.

The Hamilton County Commission's phones could be unique in Tennessee, said Robin Roberts, manager of field services for the University of Tennessee County Technical Assistance Service, which gives guidance to county government. He said he's never seen such phones in any commission meeting he's attended.

Under Tennessee's Sunshine Law, when two or more members of a public body get together to discuss an issue, the meeting is public. The act also says elected officials cannot use electronic communications to get around the law.

After discussing the issue with a CTAS attorney, Roberts said any private phone conversation about county business is a violation. It's also a violation if commissioners whisper to each other about county business during a meeting, which Roberts said happens during meetings he's observed around the state.

"I have seen commissioners get up and go talk to another commissioner," Roberts said. "They didn't do it through a telephone."

Whether Hamilton County commissioners call each other around the time of important votes is impossible to determine.

While the calls commissioners make to outside lines are logged and a matter of public record, the internal calls are not recorded, according to County Auditor Bill McGriff, whose office oversees billing for the phone service. The county decided it would cost too much to log them, he said.

He said there has been a phone on the commission dais since 1978, but said he cannot recall when it was expanded so each commissioner could have one.

Former Hamilton County Executive Dalton Roberts, who served from 1978 to 1994, said the commissioners' phones were probably installed during renovations in the early 1980s. He said he likes the phones because they encourage communication between commissioners.

"If they're deliberating toward a decision, it is a violation. ... But you can certainly share information about whatever is the topic of the day," said Roberts, who writes a column for the Times Free Press.

Commissioners said they don't use the phones to talk about issues being voted upon. They say it's small talk or calls to other elected officials, such as County Mayor Claude Ramsey.

Because Ramsey is not a member of the commission, conversations between him and individual commissioners are not subject to the Sunshine Law.

Chairman Fred Skillern said he uses the phone to call his wife, but only occasionally other commissioners. He said he has called another commissioner after a vote to ask why the commissioner voted the way he did.

"About 90 percent of the time, it's some joke or something like that," Skillern said.

Commissioners indicated they might call one another to find out what events they are attending after the meeting. Commissioner Warren Mackey said sometimes commissioners might discuss whether to share a ride.

"Nobody's going to violate the Sunshine Law as far as I know," Mackey said. "At least they haven't around me."

County Attorney Rheubin Taylor said when he was a county commissioner he also used the phones to call fellow members. He said the phones are there for the convenience of members, and are used for personal matters. He said the commissioners are fully aware of what the Sunshine Law says.

"You're not going to be able to find out every conversation going on," he said. "This is a trust factor."

Continue reading by following these links to related stories:

Article: Ramsey, Littlefield differ on open meetings law

Article: State panel loosens "Sunshine Law"

Article: Senate panel approves bill promoting open records

Upcoming Events