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.


Over Qualified

The loss of a job can be somewhat of a traumatic experience.  Many emotions accompany this life altering event, there are many highs and just as many lows, I will explore the highs and lows at a later time, but what I want this article to focus on are two little words that have a very demoralizing affect on the job seeker, “Over Qualified.” Being labeled “Over Qualified,” ... (click for more)

Discover Italy In 2015 With The Chamber

The Chattanooga Area Chamber of Commerce will host Destination Italy, a trip to Tuscany and Rome, Aug .  18-26, 2015.   Destination Italy will explore Rome, Florence, Montecatini, Portofino and Pisa, visiting sites including the Colosseum, the Leaning Tower of Pisa and Florence’s Gallery of Fine Arts where Michelangelo’s David statue is housed. Leisure time is also ... (click for more)

Architect/Contractor Selected By Erlanger For New Children's/Women's Hospital

HKS has been selected as the architect and McCarthy as the construction manager for a new Children’s and Women’s Hospital at the Erlanger campus on East Third Street. The Atlanta team competed against another Atlanta group for the major construction project. Erlanger officials announced Monday that $11.5 million is being set aside in a debt restructuring for the new $30 ... (click for more)

Westfield Charged In Burning, Torture Of Kitten At Cleveland

An arrest has been made in the case of a kitten who was burned and tortured in Cleveland, Tn. At 12:50 p.m. on Tuesday, Gary A. Westfield, 31, of Cleveland, was placed in custody on a warrant obtained by Lt. Robert Harbison and Detective Matt Jenkins of the Criminal Investigations Division. Westfield was charged with aggravated cruelty to animals, which is a Class E felony. ... (click for more)

Chattanooga Has Lost Its Most Popular Citizen - Luther Masingill

Chattanooga has lost its most popular citizen – Luther Masingill. Although we are saddened we cherish the memories.  All of us have a Luther story.  Mine is the first time I met Luther.  This was before TV and all of Chattanooga listened to Luther on the radio.  I was 12-years-old.  Some of my buddies and I had gone to the State Theater in downtown ... (click for more)

Roy Exum: An Election Day Fable

Every day I am peppered with emails that friends send to me from across the country so I am unsure of where the fable you are about to read originated. But with early voting for the November general election now in full swing, I think everyone who will -- or will not -- take part in freedom’s greatest privilege should read this story because I believe there is a great lesson contained ... (click for more)