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Wlaf1450
By Charlotte Underwood
Posted: Apr 15, 2025/06:00 AM ET
JACKSBORO, TN (WLAF)- At the beginning of Monday’s workshop, County Commissioner Chairman Johnny Bruce read a letter from County Commissioner Sue Nance, who formerly requested the Commission offer a virtual attendance option for meetings for those who were unable to attend in person due to “legitimate reasons.”
“The request is made specifically on behalf of commissioner Sue Nance who is temporarily unable to attend meetings due to a medical diagnosis. Providing a virtual attendance option would allow commissioner Nance and any further commissioners facing similar circumstances to continue participating in discussion, representing their constituents, and fulfilling their elected duties effectively. In today’s digital age, remote participation is a practical and inclusive solution that many government bodies have already adopted successively. Maintaining full engagement and accessibility in county matters is essential, especially when circumstances prevent physical attendance. This accommodation would allow Commissioner Nance to remain active and involved while prioritizing her health. I appreciate your thoughtful consideration to this request and look forward to your response. Sincerely, Sue Nance, County Commissioner, 4th District.” Bruce read.
After Bruce read the letter into record, commissioners discussed the possibility of adding this option. Chairman Bruce had asked County Attorney Joe Coker about the legality of doing this and Coker had sent the question onto the legal experts in Nashville at the County Technical Advisory Service (CTAS).
Coker said the first response that CTAS gave was a “flat out no” that the state could do it, but counties could not because there was not a statute that gave counties that authority.
“And then it was either Tabitha (Davis) or you Mr. Bruce that asked, ‘what about Americans with Disabilities Act’, so we sent that back to them (CTAS) and they came back and said we have never been asked this question before, and we can’t believe it’s the first time it’s come up. They found some case with California and some other authority and said well, you may be able to do that, you might be in violation of state statute, because it’s not enabled and there’s not any specific authority for it, or you might be in violation of the Americans with Disabilities Act, so take your choice,” Coker said.
Commissioner Rusty Orick said he knew there is a House Bill and Senate Bill brought before the state this year concerning the same thing and that it had been “requested by the county commission association to strongly support that action.”
“If we can do this, I’m all for it. If we have a loophole that sets in front of us to let a commissioner that is incapacitated with her health, then we need to try to do it. It’s already set aside for the school board, and I can never grasp why the let the school board do it and not the county commission,” Orick said.
Coker said that according to CTAS, if the county wanted to proceed with it, “it would probably be okay,” Coker said, adding that there had only been a time or two that CTAS had been unable to give a definite answer to the county on a question.
“So, if we go further with this and vote on this Monday night, I guess if there’s a problem with it, I guess the state will step in and will they then have to fight with the American Disabilities Act?” Orick questioned.
“Will it be a willful violation of the law as they tell us it is arguable, so probably not,” Coker said.
Commissioner Zach Marlow asked for clarification.
“So, basically what you are telling us is we are choosing between state litigation or federal litigation?”
“Yes,” Coker responded.
“Well, you know, under ADA, I think you should provide reasonable accommodations. I am not a fan of work from home, and I think virtual, I don’t want to down anyone, but I think it was abused by multiple counties during covid, but in this instance, it’s for health issues and I don’t have an issue with it,” Marlow said.
Orick said he thought there needed to be criteria set, such as having something set that “you have to be under doctor’s orders” that way it covers us on the back end. Orick said he didn’t think being on vacation was a suitable reason to attend a meeting virtually.
“I think we need to set the parameters, and then vote on it,” Orick said.
Chairman Bruce asked if it was approved first thing at next Monday’s meeting if Nance would be able to “go ahead and attend that meeting virtually.”
Coker said in his opinion yes. He also said that CTAS had given a little bit of guidance and that the option of attending meetings virtually would not be for short-term situations.
“It has to be something that is not just for one or two meetings,” Coker said.
“The thing about the state is that they are just now looking into this, but they gave that permission to the school board, and since I have been a commissioner and I have known school board members that have been in other countries and gotten do attend school board meetings because of technology, isn’t that kind of discrimination against your legislative bodies,” Orick said.
Marlow said he thinks “to ensure fairness with the law”, if the state general assembly does not pass this legislation, then he wants the commission to request the state change the law on school boards and city councils and state boards so it’s consistent.