The Attorney General of Texas
March 10, 1983
JIM MATTOX
General
Attorney
Honorable James W. Smith. Jr. opinion No. Jn-6
Supreme Cowl Building Frfo County Attorney
P. 0. BOX 12546 P. 0. Box V RI?: Whether the commissioners
Auslin. TX. 76711. 2546
Pearsall. Texas 78061 court may exclude the county
51214712501
clerk from its executive
Telex 9101674-1387
Tekcopiar 51214750266
session meetings
Dear Mr. Skith:
1607 Main St.. Suite 1400
Dallas, TX. 75201.4709
You have asked whether the commissioners court of Frio County may
2141742-6944
exclude the county clerk from executive sessions of the court. You
contend that inasmuch as the county clerk is ex officio clerk of the
4624 Alberta Ave.. Suile 160 commissioners court, articles 1940 and 2345, V.T.C.S.. she Is. in most
El Paso. TX. 79905.2793 instances, entitled to attend such sessions.
,,,,,1
Section 2(a) of article 6252-17, V.T.C.S.. the Open Meetings Law.
,220 Dallas Ave.. Suite 202 provides in part as follows:’
HO”SlO”. TX. 77002.6966
71MqOae6
Except as otherwise provided. . . every. . .
meeting or session of every governmental body
806 Broadway. suite 312 shall be open to the public; and no closed or
L,ibbock. TX. 794013479 executive meeting or session of .any governmental
606l747.5236 body for any of the purposes for which closed or
executive meetings or sessions are hereinafter
authorized shall be held unless. . . . (Emphasis
4309N. Tenth. Suite B
McAlkn. TX. 76501.1665 added).
5121882-4547
Section 1 of this article provides:
200 Main Plaza. Suite 400
San Anlonio. TX. 76TO5.2797
(a) ‘Meeting’ means any deliberation between a
5121225.4191 quorum of members of a governmental body at
which. . . .
An Equal Opportunityl
Allirmrlivc Aclion Employer
. . . . ,
(6) ‘Governmental body’ means. . . every
Commissioners Court. . . in the state. . . .
(Emphasis added).
These provisions clearly establish that only the members of a
governmental body -- in this instance. the commissioners court -- have
p. 25
Honorable James W. Smith, Jr. - Page 2 (JM-6)
the right. when authorized by section 2 of the Open Meetings Act, to
convene In executive session. The fact that the county clerk is ex
officio clerk of the commissioners court does not make her a member of
that court. Article V. section 18 of the Texas Constitution provides
in relevant part that “[t]he County Cowmissioners so chosen, with the
County Judge as presiding officer, shall compose the County
Commissioners Court. . . .‘I Article 2342, V.T.C.S., contains
virtually the same language. We therefore answer your question In the
affirmative.
SUMMARY
The connaissloners court of Frio County may
exclude the county clerk from executive sessions
of the court held under article 6x52-17, V.T.C.S.
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Jon Bible
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
George Gray
Jim Moellinger
Bruce Youngblood
.
p. 26