1. Texas Open Meetings Act – What CAN I Do?
Dr. No?
Texas Open Meetings Act – What CAN I Do?
Presented to:
Capital Area Suburban Exchange
Annual Conference
June 13, 2013
Each board is different
Different personalities and issues means that what works for one board won’t for another
This presentation provides some basic tools and suggestions that you can modify and use to help your board meetings
816 Congress Avenue
Suite 1900
Austin, Texas 78701
(512)
(512) Fax
Presented by:
Stefanie Albright

2. Know the Law Texas Open Meetings Act Texas Government Code Chapter 551

3. Open Meetings Basics
Every regular or special meeting of the district must be open and accessible to the public
Written notice of all meetings is required
Date, hour, place and subject
Posted at least 72 hours before the meeting
The district may only act on posted items
Quorum – majority of the board

4. Focus on Deliberation
Deliberation by a quorum is considered a “meeting” subject to the Open Meetings Act
Even a quorum that receives information from a 3rd party may be in violation
Deliberation over /text by a majority of the Board will be considered a quorum
Social media
Facebook and twitter may count as deliberation

5. What you usually hear…

6. What are you allowed to do under the Texas Open Meetings Act?

7. Meet in Closed Session Remember: No action in executive session
Reasons a district can hold an executive session:
Personnel matters
Consultation with attorney
Value or transfer of real property
Security personnel, devices or audit
Certain information regarding emergencies/disasters
Remember: No action in executive session

8. Attend CASE! A “meeting” does not include:
Social functions (unrelated to the public business conducted by the body)
A regional, state, or national convention or workshop
A ceremonial event
A press conference
These exceptions apply only if formal action is not taken and any discussion of the public business of the District is incidental to the event

9. Form Committees
Less than a quorum can deliberate about district public business without being subject to the Texas Open Meetings Act
No action can be taken by the committee
Avoid “rubber stamping” by the Board
No “walking” quorums!
Deliberating about public business without a quorum being present in one place
Example: telephone polling

10. Address Emergencies
With 2 hours posted notice, a meeting can be held to address an emergency or item of “urgent public necessity”
Immediate action required because of:
Imminent threat to public health or safety; or
A reasonably unforeseeable situation.
Includes adding an emergency item to an already posted agenda
Non-emergency items must have 72 hours notice
“Emergency” is very strictly construed
Wildfire/lawsuit

11. Developments from the 83rd Legislative Session

12. House Bill 2414 Authorizes meetings to be held by videoconference
The videoconferencing must allow the meeting participants to speak to one another.
Videoconferencing is authorized only if:
Meeting location at a physical space provided,
Camera and microphone so that members of the public can participate,
Presiding officer is present at the physical space, and
the opportunity of the public to participate is the same as if the meeting did not involve videoconferencing
Previously only allowed if quorum physically present

13. Senate Bill 1297
Authorizes the use of message boards for discussion only
The online message board must be viewable and searchable by the public
All communications must be displayed on the message board for a minimum of 30 days, and retained in the district’s records for 6 years
No voting or action can be taken on the message board or similar application and communications cannot be construed as action by the governmental body

14. Wrapping Up…
Gut check? If a tree falls

15. If a tree falls in the forest and there is no one around to hear it does it still make a sound?

16. Lloyd Gosselink Rochelle & Townsend
Stefanie Albright
Lloyd Gosselink Rochelle & Townsend
816 Congress Avenue
Suite 1900
Austin, Texas 78701
(512)
(512) Fax