The Honorable M. L. Brockcttc Opinion No. H- 496
Commissioner of Education
The Texas Education Agency Re: May a governmental body
201 East Eleventh St. meet in executive session to
Austin, Texas 78701 discuss matters relating to
salaries of governmental
employees?
Cear Commissioner Brockette:
In reference to the Open Meetings Law you have asked:
May a school district board legally discuss in
a closed session matters relating to the establish-
ing, raising, or lowering of salaries of school
district personnel?
The Texas Open Meetings Law, article 6252-17, V. T. C. S.,
provides that, with a limited number of exceptions, all meetings of
governmental bodies covered ‘by the law shall be conducted in open
session. Sec. Z(a). Meeting is defined as “any deliberation between
a quorum of members of a governmental body at which any public
business or public policy over which the governmental body has super-
vision or control is discussed or considered. or at which say formal
action is taken. ” Sec. l(a).
Section 2(g) of the Act states:
Nothing in this Act shall be construed to require
governmenral bodies to hold meetings open to the
public in cases involving the appointment. employ-
ment, evaluation, reassignment, duties,discipline,
or dismissal of s public officer or employee or to
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& Honorable M. L. Brockettr pagr 2 (H-496)
hear complaints or charges against such officer or
employee, unless such officer or employee requests
a public hearing. (Emphasis added)
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 ression is first announced in
open meeting as specified in section 2(a). Also, note the requirement of
section 2(lJ 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.
The present question is to be distinguished from those situations
where salaries or salary scales are discussed without reference to a
specified individual. In the latter case. the discussions fall outside
section 2(g), and must be conducted in public.
SUMMARY
Under the Open Meetings Act a school board
of trustees may meet in closed session to discuss
salaries of individual employees, but it may not
meet in closed session when it is considering
salaries of a class of employees.
Very truly yours,
Attorney General of Texas
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1 * The Honorable M. L. Brockrltr p#r 3 (H-496)
APPROVED:
-L-L
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
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Untitled Texas Attorney General Opinion
Combined Opinion