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This month's newsletter features a
refresher on the
Texas Open Meetings Act.
Open Meetings Act Refresher
Written By: Paige Bostic, Former Teacher, Current
Attorney
The beginning of the year comes with the smells of new crayon boxes, a new back-to-school wardrobe, and everyone’s favorite… BOARD MEETINGS. Texas independent school districts and public open-enrollment charter school board meetings must comport with the Texas Open Meetings Act. Texas Gov’t Code§ 551.
Here are some quick tips for smooth and effective public meetings.
Before the Meeting:
Notice must be posted 72 hours before the meeting. Texas Gov’t Code§ 551.043 The notice must include:
- “A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body.” Texas Gov’t Code§ 551.041
The agenda must include: - “A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body.” Texas Gov’t Code§ 551.041 “A governmental body must give the public advance notice of the subjects it will consider in an open meeting or a closed executive session.” Cox Enters., Inc. v. Bd. of Trs., 706 S.W.2d 956, 958 (Tex. 1986).
During the Meeting:
Approve the meeting minutes from the preceding meeting
· No voting unless a quorum is present
· Please try to follow the posted agenda, or make very clear to the public that you are going out of order.
· Public comments are allowed for items posted on an open meeting agenda item. Tex. Gov’t Code § 551.001(3). However, a board may adopt reasonable rules to govern public comments. Tex. Gov’t Code § 551.007(c).
Examples of reasonable rules:
- Ask the public to sign up in advance;
- Limit the amount of time spoken (this time limit must be equally applied to all
speakers)
Closed Meetings:
The Texas Open Meeting Act carves out narrow exceptions to open meeting requirements by allowing a “closed meeting” in certain circumstances.
“If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly: (1) announces that a closed meeting will be held, and (2) identifies the section or sections of this chapter under which the closed meeting is held.”
Closed session topics pertaining to school districts and open enrollment charter schools include:
- Attorney Consultation 551.071
- Real Property Deliberations 551.072
- Prospective Gift Negotiations 551.073
- Personnel Matters 551.074
- Employee vs. Employee Complaints 551.082
- Student Discipline 551.082
- Personally Identifiable Student Information 551.0821
- Medical or Psychiatric Records 551.0785
- Security Personnel, Devices, Audits 551.076, 551.088
- Information Resource Technology Security 551.089
- Assessment Instruments 551.088
- Economic Development Negotiations 551.087
Board meetings are an integral part of district governance. Smooth and effective Board meetings are a hallmark of a district that achieves high standards. If your district would like a more in-depth review of the Open Meetings Act, please email us at pbostic@deugenelaw.com or call at (512) 662-7415.
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