The state attorney general's office has ruled that, under a section of the state Sunshine Law, that the board of a public hospital is not allowed to meet privately to discuss employee bonuses.
The Erlanger Health System board recently discussed $1.7 million in management bonuses during a closed-door session.
The board then approved the controversial bonuses without discussion at a public meeting afterwards.
Several years ago, Erlanger was able to obtain an amendment to the Sunshine Law allowing closed sessions for items deemed as strategic planning.
The board routinely holds closed dinner sessions prior to the monthly board meetings.
The ruling says the law does not require that minutes be kept on what was discussed or agreed on at the private meeting.
However, it says, if a specific marketing strategy or plan is decided upon, then it must be made available for public inspection at least a week prior to a public vote.
County Attorney Rheubin Taylor said recently that a cure for a violation of the Sunshine Law is simply to have a revote in public.
Here is the full opinion:
http://www.tn.gov/attorneygeneral/op/2015/op15-08.pdf