Item8-Texas Open Meetings Act — original pdf

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Texas Open Meetings Act Dave Sullivan Former Planning Commission Parliamentarian & Chair Current member of Housing Investment Review Committee, Environmental Commission, Cultural Trust Advisory Committee, ATP Finance & Risk Committee CDC Retreat May 4, 2024 1 Resources • TOMA online handbook: • https://www.texasattorneygeneral.gov/sit es/default/files/files/divisions/open- government/openmeetings_hb.pdf • CoA meeting rules: • https://library.municode.com/tx/austin/c odes/code_of_ordinances?nodeId=TIT2A D_CH2-1CIBO CDC Retreat May 4, 2024 2 The TOM Act • Adopted in 1967 as article 6252-17 of the Revised Civil Statutes, • Substantially revised in 1973 • Codified without substantive change in 1993 as Government Code chapter 551.5 • The Act has been amended many times since its enactment, e.g., with development of the Internet, and most recently to allow some remote attendance at meetings during the COVID period. CDC Retreat May 4, 2024 3 Details • Quorum requirement. • Majority vote. • Meeting in public, some executive sessions allowed. • Meeting must be pre-noticed. • Err on the side or open government. • May use Robert’s Rules of Order to conduct meetings. • May not conduct meetings with procedures inconsistent with TOMA. CDC Retreat May 4, 2024 4 Quorum & Voting • “Absent an express provision to the contrary, a proposition is carried in a deliberative body by a majority of the legal votes cast, a quorum being present. Thus, if a body is “composed of twelve members, a quorum of seven could act, and a majority of that quorum, four, could bind the body.” • For CoA Boards & Commissions, a quorum must be present to hold a meeting, and a majority of “seats” must support any resolution to pass. So if a CoA panel has 11 seats, and only 6 members are present (or online) for a meeting, a quorum is met, but only unanimous resolutions pass. (CITY CODE: CHAPTER 2-1. - CITY BOARDS) CDC Retreat May 4, 2024 5 Posting requirements • Notice must be posted for a minimum length of time before each meeting. Section 551.043(a) states: “The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting.” • Posting must be on the Website, and in a hard-copy public space. • Posting must give the public a good idea of what will be discussed. I.e., Agenda listings such as “City Manager Report” alone, without listing topics to be discussed, is not sufficient. CDC Retreat May 4, 2024 6 No snoring during meetings • No dirty jokes • No meanness • No cry babies • No hair pulling • Etc…. CDC Retreat May 4, 2024 7