This investigation was initiated after the Tennessee Valley Authority (TVA) Office of the Inspector General (OIG) received a complaint alleging the TVA Board of Directors (Board) failed to give proper notice as required by the Government in the Sunshine Act (Sunshine Act) when the Board selected William D. (Bill) Johnson as TVA's President and Chief Executive Officer (CEO).Our investigation found the following:The Sunshine Act requires public meetings by an executive agency be open to the public. However, as a legal matter, the prevailing view as indicated by the District of Columbia, U.S. Appellate Court, is that notational voting does not constitute a meeting, and it does not constitute a violation of the Sunshine Act. Furthermore, because notational voting does not constitute a meeting as described in the Sunshine Act, notice is not required.In selecting a CEO, the Board decided to use the notational process to protect the privacy of applicants and to address the difficulties of obtaining a quorum at that time.The evidence developed by our investigation shows the Board followed notational procedure by not discussing the candidates' qualifications or otherwise deliberating with one another about the selection. Board members voted separately.Because the Sunshine Act does not prohibit the notational procedure and the evidence demonstrates that the Board properly used that procedure, the Board did not violate the Sunshine Act.
Report Date | Agency Reviewed / Investigated | Report Title | Type | Location | |
---|---|---|---|---|---|
Tennessee Valley Authority | Inquiry Into Alleged Violation of the Government in the Sunshine Act | Investigation | Agency-Wide | View Report | |
Government Accountability Office | Semiannual Report: October 1, 2012 - March 31, 2013 | Semiannual Report | Agency-Wide | View Report | |
Department of Justice | Audit of the Office of Community Oriented Policing Services Technology Program and Secure our Schools Grants Awarded to the Westland Police Department, Westland, Michigan | Audit |
|
View Report | |
Appalachian Regional Commission | Home Instruction for Parents of Preschool Youngsters | Audit |
|
View Report | |
Appalachian Regional Commission | Northwest GA Regional Commission | Audit |
|
View Report | |
Appalachian Regional Commission | Regional Labor Market Survey & Web Services Grant | Audit |
|
View Report | |
Office of Personnel Management | Audit of the Federal Employees Health Benefits Program Operations at Humana Health Plan, Inc. - Kansas City | Audit | Agency-Wide | View Report | |
U.S. Postal Service | Response to Bicameral Task Force on Climate Change | Review | Agency-Wide | View Report | |
Department of the Treasury | Semiannual Report to Congress, October 1, 2012 - March 31, 2013, Office of Inspector General, Department of the Treasury | Semiannual Report | Agency-Wide | View Report | |
Election Assistance Commission | Semiannual Report to Congress, October 1, 2012 - March 31, 2013 | Semiannual Report | Agency-Wide | View Report | |