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ALWTIX. -II 78711
August 31, 1977
Honorable A. R. Schwartz Opinion No. H-1947
Chairman, Jurisprudence Committee
Senate of the State of Texas Re: Whether the Open Meetings
Austin, Texas Act prohibits a governmental
body from choosing its officers
in closed session.
Dear Senator Schwartz:
You ask two questions regarding the phrase "public of-
ficer or employee" in section 2(g) of article 6252-17, V.T.C.S.,
the Texas Open Meetings Law. The Open Meetings Law requires
that deliberations of governmental bodies be conducted publicly,
after notice. See Attorney General Opinion R-238 (1974). Dis-
cussion of certn subjects may, by express exception, be held
in closed session. Subsection 2(g) makes such an exception:
Nothing in this Act shall be construed
to require governmental bodies to hold:
meetings open to the public in cases in-
volving the appointment, employment,
evaluation, reassignment, duties, dis-
cipline, or dismissal of a public officer
or employee or to hear complaints or
charges against such officer or employee,
unless such officer or employee requests
a public hearing.
You ask whether a city council may select a mayor pro tern
in closed session. You also ask whether a governmental body
may choose officers for its governing board in closed session.
In essence, you inquire whether the Open Meetings Act permits
a governing body to discuss the appointment or reassignment of
one of its own members in closed session.
A city council is, of course, subject to the Open Meetings
Act. See V.T.C.S. art. 6252-17, 9 l(c). Although subsection
2(g) ofhe Act is commonly referred to as the personnel
p. 4312
. .
” . .
Honorable A. R. Schwartz - Page 2 (H-1047)
exception, the actual term used in the subsection is 'public
officer or employee.' We believe the mayor pro ternchosen by
a city council is a public officer within subsection 2(g), and
that the Open Meetings Act does not require his selection to
take place in open session. The language of 2(g) does not
distinguish between officers who are members of the govern-
mental body and other officers. The Open Meetings Act does not,
therefore, require the council to meet in open session when it
discusses the appointment of a mayor pro tern.unless the person
under consideration requests a public-hearing. See Corpuk
Christi Classroom Teachers Ass'n v. Corpus ChrisTIndependent
School Dist., 5,35S.W.Zd 429 (Tex. Civ. App. -- Corpus Christi
1976 , no wrrt). The meetinu must be Dublicised as reauired bv
section 3A, and any closed session must first be announced in
open meeting as specified in section 2(a). All formal action
must be taken in public. Sec. 2(L); -see Attorney General Opinion
H-496 (1975).
A city council must, of course, comply with any charter
provision requiring it to select officers in open meeting.
Black v. Tobin, 250 S.W. 251 (Tex. Civ. App. -- San Antonio
1923, no writ). Other governmental bodies may also conduct
closed meetings to discuss selection of public officers and
employees without violating the Open Meetings Act. Of course,
there may in some cases be other statutes and regulations
relevant to the question of closed sessions which ought to be
considered in conjunction with the Open Meetings Act.
In conclusion, we note that while section 2(g) of the Open
Meetings Act generally permits public bodies to consider the
selection of officers of a governing board in a closed session,
it certainly does not require that a meeting of this kind be
closed. Rather, such a meeting may be opened to the public
either by request of a prospective appointee, by charter or
rule, or by a determination by the public body that the process
of selecting its officers should be fully open to public scru-
tiny.
SUMMARY
The Open Meetings Act does not prevent
a city council from meeting in closed ses-
sion to discuss the selection of a mayor
pro tern,unless the person under consid-
eration objects. Other governmental bodies
may meet in closed session to discuss the
appointment of public officers. A meet-
ing to consider selection of the officers
p. 4313
Honorable A. R. Schwartz - Page 3 (H-1017)
of a city council or governing board may
be opened by request of a prospective
appointee, by charter or rule, or by the
council or board itself.
ry truly yours,
AL+
JOHN L. HILL
Attorney General of Texas
APPROVED:
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c. ROBERT HEATH, Chairman
Opinion Committee
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p. 4314