Presented by:Stefanie Albright

Dr. No?Texas Open Meetings Act – What CAN I Do?

Presented to:Capital Area Suburban Exchange

Annual ConferenceJune 13, 2013

816 Congress Avenue Suite 1900

Austin, Texas 78701(512) 322-5800

(512) 472-0532 Faxwww.lglawfirm.com

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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

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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 email/text by a majority of the Board will be considered a quorum

Social media◦Facebook and twitter may count as

deliberation

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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

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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

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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

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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

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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

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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

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

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Stefanie AlbrightLloyd Gosselink Rochelle & Townsend

816 Congress Avenue Suite 1900

Austin, Texas 78701(512) 322-5814

(512) 472-0532 Faxwww.lglawfirm.com

salbright@lglawfirm.com

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