July 28, 1975
The Honorable M. L. Brockette Opinion No. H- 651
Commissioner of Education
Texas Education Agency Re: Whether a school district
201 East Eleventh Street operating under a consultation
Austin, Texas 78701 agreement may meet in closed
session.
Dear Dr. Brockette:
You have asked our opinion on a question involving the legality of
certain closed meetings by school boards operating under const&ation agreements.
The Texas Open Meetings Act, article 6252-17, V. T. C. S. provides in
part:
Sec. 2 (a) Except as otherwise provided in this Act
or specifically permitted in the Constitution, every
regular, special, or called meeting or session of
every governmental body shall be open to the public;
and no closed or executive meeting or session of any
governmental body for any of the purposes for which
closed or executive meetings or sessions are herein-
after authorized shall be held unless the governmental
body has first been convened in open meeting or session
for which notice has been given as hereinafter provided
and during which open meeting or session the presiding
officer has publicly announced that a closed or executive
meeting or session will be held and identified the section
or sections under this Act authorizing the holding of such
closed or executive session.
. . .
p.2858
“_
. .
The Honoratie M. L. Brockette - page 2
(g) Nothing in this Act shall be construed to require
governmental bodies to hold meetings open to the
public in cases involving the appointment, employment,
evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee or to hear
complaints orcharges against such officer or ~employee,
unless such officer or employee requests a public hearing.
. . .
(m) Nothing in this Act shall be construed to require
school boards operating under consultation agreements
provided for by Section 13.901 of the Texas Education Code
to deliberate in open meetings regarding the standards,
guidelines, terms or conditions it will follow or instruct
its representatives to follow, in consultation with represent-
atives of employee groups.
Attorney General Opinion H-496 (1975) involved section 2(g) of the Open
Meetings Act. In that opinion we said:
It is evident that section 2(g) was intended to cover the various
aspects of an individual’s employment relationship with the
governmental body and in our opinion the section includes
discussions pertaining to the setting and adjusting of an
individual’s salary since such discussions necessarily
involve an evaluation of the employee’s performance.
Consequently, you are advised that a school district may
discuss in closed session the raising, lowering, or
establishing of the salary of an individual employee,
provided that the meeting is publicized as required by
section 3A and that any closed session is first announced
in open meeting as specified in section 2(a). Also, note
the requirement of section 2(l) that all formal action be
taken in public and the provision of section 2(g) giving
employees and officers the right to a public hearing on
their request.
p. 2859
The Honorable M. L. Brockette - page 3
In light of that opinion you ask:
in view of the express provisions of Section 2(m) of
Article 6252-17, may a school district board meet
in executive (closed) meeting for discussion on
salary schedules for a class of employees represented
under a district (Education Code Section [13.901])
consultation agreement?
The question discussed in Attorney General Opinion H-496 concerned
only section 2(g) and did not involve or discuss section Z(m). Section 2(m)
specifically permits a school district operating under a section 13.901 agree-
ment to meet in executive session regarding the standards, guidelines, terms
or conditions it will follow or instruct its representatives to follow in consul-
tation with representatives of an employee group. Therefore, a school board
represented under a district consultation agreement may meet in executive
session to discuss salary schedules for a class of employees to the extent
that the discussion regards the terms or conditions it will follow in the
consultation proceedings.
SUMMARY
A school district operating under a consultation
agreement pursuant to section 13.901 of the Education
Code may meet in closed session regarding standards,
guidelines, terms or conditions it will fol1o.w or instruct
its representatives to follow in consultation with repre-
sentatives of an employee group.
Very truly yours,
p. 2860
The Honorable M. L. Brockette - page 4
irst Assistant
c. dOBERT HEATH, Chairman
Opinion Committee
jwb
p. 2861