BY BOB BASS ALLISON, BASS & ASSOCIATES, LLP Texas Open Meetings.

BYBOB BASS

ALLISON, BASS & ASSOCIATES, LLP

Texas Open Meetings

551.001-Definition of Meeting

A deliberation between a quorum of a governmental body…during which public business or public policy…is discussed or considered, or during which the governmental body takes formal action.

Does not include a social function unrelated to the public business, or attendance at a regional, state, or national convention or workshop.

551.001-Definition of Deliberations

A verbal exchange during a meeting between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business

551.005-Open Meetings Training

Each elected or appointed official shall complete a course of training of not less than one nor more than two hours within 90 days of the date the member takes the oath of office, or otherwise assumes responsibilities.

551.021-Minutes or Tape Required

A governmental body shall prepare and keep minutes or make a tape recording of each open meeting of the body, stating the subject of the deliberation and each vote, order, decision or other action taken.

551.041-Notice of Meeting

A governmental body shall give written notice of the date, hour, place and subject of each meeting.

551.042-Responding to Inquiry

If a member of the public inquires about a subject outside the subject matter of the notice, new provision allows: A statement of specific factual information given in

response to inquiry, or Recitation of existing policy in response to inquiry Limited discussion regarding posting for a later

meeting

551.043-Sufficiency of Notice

Must be posted in a place readily accessible to the general public at all times

For at least 72 hours before the posted time of meeting. Alternatives, such as Internet, does not negate the

need for public posting.

551.045-Emergency Meeting

Emergency meeting requires only 2 hours notice, BUT Emergency is defined as an “imminent threat to public

health and safety”, or A reasonably unforeseeable situation.

Notice for Emergency Meeting must clearly identify the emergency or public necessity.

551.047-Special Notice to Media

Emergency meeting notice must also be given to media, but only if: Media outlet has filed a request for such notice, and Agreed to pay the cost of providing such notice.

551.049-County Place of Posting

A county shall post notice of each meeting on a bulletin board at a place convenient to the public in the county courthouse. Usually post at glass door in order to satisfy Section

551.043

551.071-Attorney Consultation Exception

Closed session permitted to seek advice of legal counsel on Pending or contemplated litigation Settlement of litigation On a matter in which Attorney Client privilege

conflicts with open meeting obligation.

551.072-Real Property Exception

Closed session to discuss purchase, exchange, lease, or value of real property if deliberation would have detrimental effect on the position of the governmental body in negotiations with a third party.

551.0725-Contract being Negotiated

Closed session with a population of 400,000 or more, if the Commissioners Court votes unanimously that deliberations in an open meeting would have detrimental effect in negotiations with third party, and

Attorney issues written opinion that open meeting would have detrimental effect.

Tape recording required.

551.073-Prospective Give Exception

Closed to deliberate the negotiated contract for a prospective gift or donation, if open meeting deliberation would have detrimental effect on negotiations with a third party

551.074-Personnel Exception

Personnel matters may be discussed in closed session to deliberate appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee.

Closed meeting exception does not apply if subject of meeting requests a public hearing.

551.075-Security Exception

Closed session permissible to discuss deployment or specific occasions for implementation of security personnel or devices

551.084-Investigation Exception

IF Commissioners Court acting as an investigatory body, my exclude witnesses from hearing during examination of another witness.

551.087-Economic Development-

Closed meeting permitted to discuss commercial or financial information from a business prospect that the governmental body seeks to locate, stay or expand in or near the territory of the governmental body, or

To deliberate a financial or other incentive to a business prospect.

551.102-Vote in Open Meeting

No vote in closed sessionAll votes in public meeting

551.103-Tape or Agenda of Closed Meeting

Must keep certified agenda orTape recording, containing statement of

subject of deliberation, Announcement of beginning and end of

closed session

551.104-Preservation of Tape or Agenda

Agenda or Tape must be preserved to at least two years.

If litigation involving alleged violation of Act, a Court may Examine agenda or tape in camera (chambers) Determine if all or part of tape is admissible as

evidenceOtherwise privileged without Court Order

551.127-Videoconference Allowed

Now allows video/telephonic or other means of conducting public meetings, and where appropriate, closed sessions. See Section 551.129 for Attorney Conference by telephonic or video conference call.

551.035-Legislative Exception

Open meeting does not include attendance by a quorum of a governmental body at a meeting of a committee or agency of the legislature if the members are there to testify at the meeting, or responding to inquiry by the committee