"Meeting" means a deliberation among a quorum of the Board, or between a quorum of the Board and another person, during which public business or public policy over which the Board has supervision or control is discussed or considered, or during which the Board takes formal action. "Meeting" also means a gathering:
Gov't Code 551.001(4)
"Deliberation" means a verbal exchange during a meeting among a quorum of a board, or between a quorum of a board and another person, concerning any issue within the jurisdiction of the board or any public business.
Gov't Code 551.001(2)
The term "meeting" does not include the gathering of a quorum of a board at a social function unrelated to the public business that is conducted by the board, or the attendance by a quorum of the board at a regional, state, or national convention or workshop, if formal action is not taken and any discussion of public business is incidental to the social function, convention, or workshop.
Gov't Code 551.001(4)
The attendance by a quorum of a board at a meeting of a committee or agency of the legislature is not considered to be a meeting of a board if the deliberations at the meeting by the board members consist only of publicly testifying, publicly commenting, and publicly responding to a question asked by a member of the legislative committee or agency.
Gov't Code 551.0035
Every meeting of the Board shall be open to the public. The Board may, however, exclude a witness from a hearing during an examination of another witness in a matter being investigated, and may enter into closed meeting, as provided by law.
Gov't Code 551.084, Ch. 551, Subch. D, Subch. E (See TSBVI policies BDB and BEC)
A parent, as defined in Education Code 26.002, is entitled to complete access to any meeting of the Board, other than a closed meeting held in compliance with the Open Meetings Act.
Education Code 26.007(a)
All or any part of an open meeting may be recorded by any person in attendance by means of a tape recorder, video camera, or any other means of aural or visual reproduction. The Board may adopt reasonable rules to maintain order at a meeting, including rules related to the location of recording equipment and the manner in which the recording is conducted. These rules shall not prevent or unreasonably impair a person from exercising the right to record a meeting that is open to the public.
Gov't Code 551.023
The Board shall prepare and keep minutes or make a tape recording of each open meeting. The minutes shall state the subject matter of each deliberation and indicate each vote, order, decision, or other action taken. The minutes and tapes are public records and shall be available for public inspection and copying on request to the Superintendent or designee.
Gov't Code 551.021, 551.022
The Board shall give written notice of the date, hour, place, and subjects(s) of each meeting it holds.
Gov't Code 551.041
If the Board recesses an open meeting to the following regular business day, the board is not required to post notice of the continued meeting if the action is taken in good faith and not to circumvent Government Code Chapter 551. If an open meeting is continued to the following regular business day and, on that following day, the board continues the meeting to another day, the board body must give the required written notice of the meeting continued to that other day.
Gov't Code 551.0411(a)
If a member of the public or of the Board inquires at a meeting about a subject for which notice has not been given, the notice provisions do not apply to a statement of specific factual information given in response to the inquiry or a recitation of existing policy in response to the inquiry. Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda of a subsequent meeting.
Gov't Code 551.042
Notice of a Board meeting shall be posted on a bulletin board in a place convenient to the public in the central administration office for at least 72 hours before the scheduled time of the meeting. That notice or a notice posted at another Board-designated place shall at all times be readily accessible to the public for at least 72 hours before the scheduled time of the meeting.
Gov't Code 551.043, 551.051; City of San Antonio v. Fourth Court of Appeals, 820 S.W. 2d 762 (Tex. 1991)
The School satisfies the requirement that the notice must be posted in a place readily accessible to the general public at all times by making a good-faith attempt to continuously post the notice on the Internet during the prescribed period.
The School must still comply with the duty to physically post the notice in the central administration office and if the School makes a good-faith attempt to continuously post the notice on the Internet during the prescribed period, the physically posted notice must be readily accessible to the general public during normal business hours.
Gov't Code 551.043(b)
In addition to the other place at which notice is required to be posted, the Board must also concurrently post notice of a meeting on the Internet Web site.
Assuming the School has made a good-faith attempt to comply with the Internet posting requirements, the validity of the posting is not affected by a failure to comply that is due to a technical problem beyond the School's control.
Gov't Code 551.056
Agendas for all meetings shall be sufficiently specific to inform the public of the subjects to be deliberated at the meeting, setting out any special or unusual matters to be considered or any matter in which the public has a particular interest. Deliberations or actions pertaining to the Superintendent and principals are of particular public interest, and notice of those subjects must be worded with such clarity that the public will understand what the Board proposes to discuss or accomplish.
Cox Enterprises, Inc. v. Austin ISD, 706 S.W.2d956 (Tex. 1986); Point Isabel ISD v. Hinojosa, 797 S.W.2d 176 (Tex. App.--Corpus Christi, 1990, writ denied; Atty. Gen. Ops. M-494 (1969), H-419 (1974), H-662 (1975), H-1045 (1977)
The terms "employee briefing" or "staff briefing" do not give adequate notice of the subject matter to be presented to the Board by employees or staff members. Atty. Gen. Op. JC-0169 (2000)
In an emergency or when there is an urgent public necessity, the notice of a meeting or the supplemental notice of a subject added to an agenda posted in accordance with law is sufficient if it is posted at least two hours before the meeting is convened.
An emergency or urgent public necessity exists only if immediate action is required because of an imminent threat to public health and safety or a reasonably unforeseeable situation.
The Board shall clearly identify the emergency or urgent public necessity for each item in the notice of an emergency meeting and each item added in a supplemental notice.
Gov't Code 551.045
If, because of a catastrophe, the Board is prevented from convening an open meeting that was otherwise properly posted under Government Code Section 551.041, the Board may convene the meeting in a convenient location within 72 hours pursuant to Government Code Section 551.045 if the action is taken in good faith and not to circumvent Government Code Chapter 551. If the board is unable to convene the open meeting within those 72 hours, the board may subsequently convene the meeting only if the board gives the required written notice of the meeting.
"Catastrophe" means a condition or occurrence that interferes physically with the ability of the Board to conduct a meeting, including:
Gov't Code 5541.0411(b), (c)
The School shall provide special notice of each meeting by telephone or telegraph to any news media that has requested it and agreed to reimburse the School for the cost of providing the special notice. When an emergency meeting is called or an emergency item added to an agenda, the Board President shall notify by telephone or telegraph any news media who have previously requested special notice of all meetings.
Gov't Code 551.047, 551.052
Five members of the School's nine member Board shall constitute a quorum (regardless of the number of vacancies on the Board at a given time)
Gov't Code 551.001(6); 311.013(b)
No vote shall be taken by secret ballot.
Atty. Gen. Op. H-1163 (1978)
The Board may hold a meeting by telephone conference call if an emergency or public necessity exists within the meaning of Government Code 551.045 and the convening at one location of a quorum of the Board is difficult or impossible, or if the meeting is held by an advisory board.
Each part of the telephone conference call meeting that is required to be open shall be audible to the public at the location specified in the notice of the meeting. The location designated in the notice as the location of the meeting shall provide two-way communication during the entire telephone conference call meeting and the telephone conference shall be clearly stated prior to speaking.
The telephone conference call meeting is subject to the notice requirements applicable to other meetings. The notice must specify as the location of the meeting, the location where meetings of the governmental body are usually held.
The conference call meeting shall be tape-recorded and made available to the public.
Gov't Code 551.12
The Board may hold a board meeting by videoconference call only if a majority of the quorum of the board is physically present at one location of the meeting. A meeting held by videoconference call is subject to the notice requirements applicable to other meetings, in addition to the notice requirements applicable to meetings by videoconference call.
The notice of a meeting to be held by videoconference call must specify as a location of the meeting the location where a quorum of the Board will be physically present and specify the intent to have a quorum present at that location. In addition, the notice of the meeting must specify as a location of the meeting where a Board member will participate in the meeting will be physically present during the meeting. Each of the locations shall be open to the public during the open portions of the meeting.
Each portion of a meeting held by videoconference call that is required to be open to the public shall be visible and audible to the public at each location specified in the notice.
Each location specified in the notice shall have two-way communication with each other location during the entire meeting.
Each participant in the videoconference call, while speaking, shall be clearly visible and audible to each other participant and, during the open portion of the meeting, to the members of the public in attendance at a location in the meeting.
The Board shall make at least an audio recording of the meeting. The recording shall be made available to the public.
The quality of the audio and video signals perceptible at each location of the meeting must meet or exceed standards specified by the Department of Information Resources. The quality of the audio and video signals perceptible by members of the public at each location or the meeting must:
The Board may allow a member of the public to testify at a meeting from a remote location by videoconference call even if a Board member is not participating in a meeting from a remote location.
Gov't Code 551.126
The Board may broadcast an open meeting over the Internet. If the Board broadcasts a meeting over the Internet, it shall establish an Internet site and provide access to the broadcast from that site. The Board shall provide on the Internet site the same notice of the meeting, within the time required for posting that notice, that the Board is requested to post under the Open Meetings Act.
Gov't Code 551.128
The Board may use a telephone conference call, videoconference call, or communications over the Internet to conduct a public consultation with its attorney in an open meeting of the Board or a private consultation with its attorney in a closed meeting of the Board. [See BEC]
Each part of a public consultation by the Board with its attorney in an open meeting must be audible to the public at the location specified in the notice of the meeting as the location of the meeting.
This does not apply to a consultation with an attorney who is an employee of a district. An attorney who receives compensation for legal services performed, from which employment taxes are deducted by a district, is an employee of a district.
Gov't Code 551.129
In a proceeding before the Board in which the legal rights, duties, or privileges of a party are to be determined by the Board after an adjudicative hearing, the Board shall supply for a party who is deaf or hearing impaired an interpreter who has qualifications approved by the Texas Department of Assistive and Rehabilitative Services.
For purposes of this requirement, "deaf or hearing impaired" means having a hearing impairment, regardless of the existence of a speech impairment, that inhibits comprehension of a proceeding or inhibits communication with others.
Gov't Code 558.001, 558.003
Adopted: 3/7/80
Amended: 9/10/82, 10/25/85, 11/12/87, 3/26/93, 3/25/94, 11/18/94, 11/15/96, 11/6/98, 1/24/02, 1/31/03, 3/26/04, 1/28/05, 1/26/07
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