Complaint Filed Says TVA Ignored Sunshine Law Requirements

Monday, November 12, 2012

Garry Morgan, a member of Bellefonte Efficiency & Sustainability Team, has filed a complaint with the TVA Inspector General’s Office noting that Tennessee Valley Authority Board’s appointment of Bill Johnson as the new CEO is invalid.  According to the complaint, TVA, a public agency, did not follow the requirements of the Federal Sunshine Act.   That act states that TVA shall make a public announcement of the time, place, and subject matter of each meeting, whether it is to be open or closed to the public, and the name and telephone number of a TVA official who can respond to requests for information about the meeting. 

Mr. Morgan writes in the complaint, “If the Board of Directors are allowed to conduct business in such a manner that promotes secrecy instead of openness, the public's faith and trust will be seriously diminished in the TVA. I am not asking for the board to disclose personal, confidential information about the candidates for the TVA CEO position, but I am asking the TVA Board of Directors to comply with the notice requirements of the Sunshine Act concerning when they meet, regardless of the manner of the meeting as required by the Sunshine Law. 

In response to an inquiry regarding the process, TVA ombudsman Wilson Taylor, responded by e-mail on Nov. 7 and states, “The board members voted to approve the appointment of Bill Johnson through a notational process, without holding a meeting. This approach maintains the confidentiality of the candidates and provides clear adherence to the governance guidelines.  No further vote of the board is required."   

“The TVA may call it whatever they want, it does not reduce their responsibility to follow the law,” asserts Mr. Morgan, BEST member. He adds, “The TVA did not notify the public as to place or time of the meeting/decision as required by law; they are required to make a public announcement of the time, place, and subject matter of each meeting whether it is to be open or closed to the public, and the name and telephone number of a TVA official who can respond to requests for information about the meeting.”

BEST points out that the selection of the TVA CEO did not comply with the Criteria for Notational Approvals policy and that using that process does not remove the legal requirement for the TVA Board to comply with the Federal Sunshine Act. The criteria for using a notational process require the issue to be both time sensitive and confidential, but neither appear valid in this instance, they maintain. A Board Practices Resolution passed by the TVA Board in 2006 states “This notational approval process must be carried out in a way that is fully consistent with the Board’s responsibility to exercise careful and prudent oversight and their ability to lead TVA with integrity and open and transparent accountability.”  The final vote and announcement should have been conducted in an open and transparent way during the TVA Board meeting after public notification of the ongoing process, BEST officials said.   

The next TVA Board meeting is scheduled for Thursday in Rainsville, Ala.  The meeting is open to the public.  

BEST/MATRR is a chapter of the Blue Ridge Environmental Defense League, a 501(C)3 non-profit organization.


Association Of Fundraising Professionals' Southeastern Chapter To Hold Membership Meeting May 27

The Southeastern Chapter of the Association of Fundraising Professionals (AFP) will hold its monthly membership meeting on  Wednesday, May 27  at the Mountain City Club, located at 729 Chestnut Street, from 11:30 a.m.-1:30 p.m .   This month’s guest speaker is Lynne Wester, Founder and Principal of Donor Relations Guru. Ms. Wester is a frequent conference ... (click for more)

GDOL To Help Automation Personnel Recruit Workers In Dalton Next Week

The Georgia Department of Labor (GDOL) will help staffing company Automation Personnel fill 60 jobs for companies with textile plants in Murray and Whitfield counties. The recruitment will be held on  Wednesday, May 27 , from  9 a.m. to 12 noon  at the GDOL’s Dalton Career Center, 1406 Chattanooga Ave. The company is recruiting extrusion, ... (click for more)

City Seeking Grant To Improve Signals At 32 Intersections

The city is seeking a $2 million federal grant to go along with $500,000 in city funds for a project to improve signals at 32 intersections. There would also be bike and pedestrian improvements. The routes include Brainerd Road, Lee Highway, Shallowford Road, Gunbarrel Road and Hamilton Place Boulevard. The application is for a Congestion Mitigation and Air Quality Grant. (click for more)

Olympian Kristin Armstrong Sets Course Record; Talansky Is Men's Winner

Two-time Olympic goal medal winner Kristin Armstrong won the USA Cycling Professional Time Trial Championship in a record time at the Volkswagen course on Saturday morning. She finished the 19.2-mile course in 42 minutes, 8 seconds. The time trial victory assures the 41-year-old Armstrong of a spot as one of three American women to compete in the world championship time trial ... (click for more)

Shame On The Housing Authority - And Response

With Chattanooga and other cities around the nation struggling to find solutions to chronic homelessness it's cruel to evict families likely with children over a fight.   When you evict the adults you're also evicting any and all children in the household.  Intelligence would dictate looking for a root cause. Compassion would dictate looking for alternatives. Both ... (click for more)

Roy Exum: Buy Ping Golf Clubs

As we set the charcoal, ice the drinks and prepare for Memorial Day, the first thing on my mind is to ask any golfers within my reach to consider buying and playing with Ping-brand golf clubs. Pings are made in America but there is a little something else you need to know, as told in an email I received earlier this week. I regret I do not know the author: * * * “On Monday, ... (click for more)