Hornsby Aldermen Accused of Violating Open Meetings Act
Alderman from the town of Hornsby have been accused of attempting to violate Tennessee’s Open Meetings Act (Sunshine Law). Hornsby Mayor Megan Hedwall claimed an alderman called a meeting on October 20, 2022, to discuss water projects in the town, but only notified the public the day of the meeting.
In order to meet the requirements of the Sunshine Law, “adequate public notice” must be given before all meetings to which the act applies.
In addition to the lack of timely public notice, the board was informed the meeting time was 6 p.m. while the notice stated the meeting time was 7 p.m.
When the board convened, at 6 p.m., Mayor Hedwall refused to call the meeting to order.
“I have told this board that it has violated various laws and procedures on numerous occasions. Despite my warnings, this board continues to push forward. When and if Nashville decides to investigate your actions, I will not be the one being deposed or sitting on the witness stand, defending my actions,” said Hedwall. “This board has decided to push for a meeting that has given notice to the public a mere six hours beforehand, instead of waiting the proper time. Because this is yet another violation, I will not call this unlawful meeting to order.”
According to those in attendance, Hedwall made everyone leave city hall, but the alderman continued convening in the parking lot.
At least one alderman, speaking on condition of anonymity, disagrees that any meeting requirements were broken and stated they were only trying to discuss possible water projects with an engineer and the meeting time of 6 p.m. was set at their previous meeting.
A review of the draft minutes from the previous meeting on October 17, 2022, makes no mention of board members setting a special meeting for October 20, 2022.
This is not the first time Mayor Hedwall has warned the board about meeting without adequate public notice. According to the draft minutes from the October 7, 2022, meeting, “Mayor Hedwall informed the Board that adequate notice had not been given to the public in regard to the meeting. She informed the Board that they were once again, acting in a roguish and unlawful manner.” The draft minutes continue, “[A] motion was made [by] Wayne Isabell and seconded [by] Raymond Cox to proceed with the meeting, despite this illegality. The motion passed unanimously with a roll-call vote . . .”
The alderman and Mayor Hedwall’s relationship has been described as “not good” as they have continued to quarrel over use of grant money for the town of Hornsby.
The unofficial meeting on October 20, 2022, represented the fourth meeting of the Hornsby board this month. Three of those were special called meetings to discuss issues related to the town applying for a $592,000 water grant and water related projects.
According to the Tennessee Comptroller, the Tennessee Court of Appeals outlined a three-prong test for “adequate public notice” of special meetings under the Sunshine Law, which includes the following:
(1) Notice must be posted in a location where a member of the community could become aware of the notice,
(2) The contents of the notice must reasonably describe the purpose of the meeting or the action to be taken, and
(3) The notice must be posted at a time sufficiently in advance of the meeting to give citizens an opportunity to become aware of the meeting and to attend.
The board will meet again for its regularly scheduled monthly meeting on Tuesday, November 1, 2022, at 7 p.m. at Hornsby City Hall.
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