§ 8-44-106 — Enforcement - Jurisdiction

Tennessee § 8-44-106

• Jurisdiction: Tennessee
• Title: 8

Text

(a) The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of this part upon application of any citizen of this state. (b) In each suit brought under this part, the court shall file written findings of fact and conclusions of law and final judgments, which shall also be recorded in the minutes of the body involved. (c) The court shall permanently enjoin any person adjudged by it in violation of this part from further violation of this part. Each separate occurrence of such meetings not held in accordance with this part constitutes a separate violation. (d) The final judgment or decree in each suit shall state that the court retains jurisdiction over the parties and subject matter for a period of one (1) year from date of entry, and the court shall order the defendants to report in writing semiannually to the court of their compliance with this part. (e) If a court finds that a governing body knew that a meeting of the body was subject to the requirements of this part and willfully refused to comply, the court may, in its discretion, assess all or part of the reasonable costs incurred by the petitioners in enforcing the provisions of this part, including reasonable attorneys' fees, against the governing body. In determining whether the action of the governing body was willful, the court may consider the testimony and other guidance provided to the governing body by staff of the office of open records counsel created pursuant to § 8-4-601 .

Legislative History

Amended by 2024 Tenn. Acts, ch. 1030,s 1, eff. 5/28/2024. Acts 1974, ch. 442, § 6; T.C.A., § 8-4406.