Presented by: Stefanie Albright

1. Dr. No? Texas Open Meetings Act – What CAN I Do? Presented to: Capital Area Suburban Exchange Annual Conference June 13, 2013 816 Congress Avenue Suite 1900 Austin, Texas 78701 (512) 322-5800 (512) 472-0532 Fax www.lglawfirm.com Presented by: Stefanie Albright

2. Know the LawTexas Open Meetings ActTexas Government CodeChapter 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 email/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 • 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

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…

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

16. Stefanie Albright Lloyd Gosselink Rochelle & Townsend 816 Congress Avenue Suite 1900 Austin, Texas 78701 (512) 322-5814 (512) 472-0532 Fax www.lglawfirm.com salbright@lglawfirm.com