New law broadens scope of executive sessions

LISA HOBBS - News Editor

The 114th Tennessee General Assembly filed more than 1,400 bills in 2026, with over 500 passing into law.

Among the plethora of new legislation was one proposed by Republicans that broadened the scope of executive sessions and now allows government entities to hold the interviewing of “director-level staff” in meetings that are closed to the public.

House Bill No. 2616 by Rep. Jerome Moon, a Republican representing Tennessee’s 8th District (Blount County) and Senate Bill No. 2162 by Senator Richard Briggs, a Republican representing the 7th District (primarily West Knox County) and Senator Ferrell Haile, a Republican representing the 18th District (primarily Sumner and Trousdale counties), proposed the change.

In part, the bill stated:

“A governing body may conduct an executive session for the purpose of interviewing applicants for employment as director-level staff of the body. A governing body conducting an executive session pursuant to this subsection (e):

·         Is not required to provide public notice of such executive session;

·         Shall not make hiring decisions or deliberate in the executive session. All deliberations and voting must be done in an open, publicly noticed meeting;

·         Shall cause the minutes of such session to disclose all persons who were in attendance, except the applicants who attended for the purpose of being interviewed by the governing body;

·         Shall limit attendance to members of the governing body, relevant staff invited by the body, and the applicant;

·         Shall treat an applicant’s application materials as confidential, and such materials are not open to public inspection, upon request by the applicant; and

·         Shall treat the selection applicant’s interview, if recorded, and application materials as public records, subject to a public records request pursuant to (10-7-503), upon the applicant being selected for employment or appointment. Notwithstanding the application materials and interview of applicants not selected must remain confidential upon request.”

Director-level was defined as a position that is filled by the mayor or a vote of the governing body or by the mayor with confirmation by the governing body and has authority over the operation and employees of a department, agency, or division of the governmental entity.

The only stated exception in the bill was the hiring of the chief of police.  

Gov. Bill Lee signed the measure into law on April 15, 2026.

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