Hamilton County Commissioner Joe Graham said Wednesday that talking privately with other commissioners about withholding money from county schools did not violate the state Sunshine Law.
Graham talked to three commissioners — Fred Skillern, Larry Henry and Jim Coppinger – before presenting a plan at the Jan. 27 agenda session to hold back money received from payments in lieu of taxes agreements.
Used to attract businesses to the county, PILOT deals eliminate property tax payments – except for the percentage slated for schools – for years, sometimes decades.
The state’s open meetings law requires elected officials to discuss most business in public meetings.
Graham said the talks were about whether to introduce the plan.
“We didn’t break the Sunshine Law,” he said. “It’s up to the chairman to decide to send it to a committee. It wasn’t about the resolution itself.”
Skillern, Coppinger and Henry all said the conversations were very brief.
“I told him something like this needs to be heard by a committee as a whole,” Skillern said at the Jan. 27 meeting.
Commissioner Greg Beck said he was caught off guard when Graham brought up the plan.
“I think there’s more to it than meets the eye,” Beck said.
County Attorney Rheubin Taylor said talking about the need to discuss the plan wouldn’t be a violation.
Frank Gibson, executive director of the Tennessee Coalition for Open Government, agreed, but said that if commissioners had solicited votes, it “might be an issue.”