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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) Notwithstanding any law to the contrary, an application for a position of chief executive officer of a public institution of higher education, materials submitted with an application, letters of recommendation or references concerning an applicant, and any other records or information relating to or arising out of the process of searching for and selecting an individual for a position of chief executive officer of a public institution of higher education must be treated as confidential and are not open for public inspection, if the records could be used to identify a candidate for the position; provided, however, that after a search committee has selected candidates as finalists for a position of chief executive officer of a public institution of higher education, which must occur no later than fifteen (15) calendar days before the final vote of the governing board or commission to appoint or elect a person to fill the position, a record relating exclusively to the candidates selected as finalists is not confidential and must be open for public inspection, except for a record otherwise confidential under state or federal law. This section does not apply to information relating to a candidate who did not expressly request that the candidate's information be kept confidential.
(b) As used in this section:
(1) “Chief executive officer of a public institution of higher education” includes:
(A) The president of the University of Tennessee system;
(B) The chancellor of the state university and community college system;
(C) A chancellor of a University of Tennessee campus or institute;
(D) A president or director of an institution of the state university and community college system; and
(E) The executive director of the Tennessee higher education commission; and
(2) “Finalists” means no fewer than three (3) candidates selected by a search committee as the group from which one (1) or more candidates must be recommended to the governing board or commission.
(c)(1) Notwithstanding subsections (a) and (b), a search committee may select up to three (3) candidates to be recommended to the governing board or commission for the following positions:
(A) A president of a locally governed state university;
(B) The president of the University of Tennessee system;
(C) A chancellor of a University of Tennessee campus or institute;
(D) The chancellor of the Tennessee board of regents;
(E) A president of a community college;
(F) A president or director of a Tennessee college of applied technology; or
(G) The executive director of the Tennessee higher education commission.
(2) Prior to initiating a search to fill a position listed in subdivision (c)(1), the governing board or commission must hold a meeting that is open to the public and subject to the requirements of title 8, chapter 44, part 1, to establish the search process, a timeline, and a statement of qualifications for the position.
(3) No later than fifteen (15) calendar days before the final vote of the governing board or commission to appoint or elect a person to fill a position listed in subdivision (c)(1), records relating exclusively to the candidates identified pursuant to subdivision (c)(1) must not be treated as confidential and are open for public inspection, except for a record otherwise confidential under state or federal law.
(4) No later than seven (7) calendar days before a meeting at which the governing board or commission will vote to appoint or approve the appointment of a candidate to fill a position listed in subdivision (c)(1), the governing board or commission shall hold at least one (1) public forum with the candidate.
(5) A meeting at which the governing board or commission will vote to appoint or approve the appointment of an individual to fill a position identified in subdivision (c)(1) must be open to the public and subject to the requirements of title 8, chapter 44, part 1.
Cite this article: FindLaw.com - Tennessee Code Title 49. Education § 49-7-154 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-49-education/tn-code-sect-49-7-154/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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