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HomeMy WebLinkAbout10152009 BSC Agenda Item 6 BUILDING & STANDARDS COMMISSION (2009-2011) Name and Address Position Contact Information Bryant Slimp Position 1 713.666.9676 (h) 3913 Oberlin Chair 713.725.7805 (c) bbslimr)Oswbell.net bslimr)@Qtchouston.com David Flame Position 2 713.661.2797 (h) 3223 Nottingham Vice Chair 713.658.6908 (w) 713.828.1505 (c) dflame Galumni.utexas.net Karen Johnson Position 3 713.429.5902 (w) 3809 Browning 713.668.0062 (h) k*ohnson@athenabuilders.com Laurinda Lankford Position 4 713.662.3442 (h) 3115 Amherst Street I.lankford@sbcglobal.net Frank Griffin Position 5 713-818-0223 (c) 2807 Plumb Frank.o.ariffin@att.net Ed Heathcott Alternate A 281.435.2446 (c) 2729 Arbuckle Street 713.662.2606 (h) erheathbar@sbcqlobal.net Thomas Kearns Alternate B 713.666.4568 (h) 3720 Tangley thmskearns@vahoo.com Gerami Granello Alternate C 713.238.2624 (w) 3122 Amherst 832.660.5448 (h) ggranello@ mayerbrown.com John Tsertos Alternate D 713.526.6101 (w) 4103 Riley 713.660.7255 (h) iohn @ artisantxbuilders.com Revised: September 2009 The Commission meets the 1 st Thursday of the month at 6:00 in the Conference room. All positions expire August 31, 2011. Form BSC-501 City of West University Place Building & Standards Commission REQUEST FOR ALTERNATE MEMBERS TO SERVE I, the undersigned Mayor or City Manager of the City of West University Place, hereby request alternate members of the Building Standards Commission to serve in the absence of one or more regular members, as set out in the chart below. For all meetings during each month indicated, alternate members are requested to serve in the order indicated, depending upon the number of absences, so that all absences are filled. Example: At a given meeting in November where there are two absences, alternate members B and C are requested to serve. If an alternate is requested to serve at a meeting, but is absent, the next indicated alternate for that month is requested to serve in that alternate's place. Example: Alternate C is requested to serve at a meeting in December, but Alternate C is absent; Alternate D is the next indicated alternate, so Alternate D is requested to serve in Alternate's C's lace. Month during which meeting occurs (applies to all meetings Alternate member(s) who are requested to serve, by positions to during the month indicated of each year, until this request is which alternates were appointed* revoked or changed) First Second Third Fourth October A Ed B Thomas C Gerami D John Heathcott Kearns Granello Tsertos November B Thomas C Gerami D John Tsertos A Ed Kearns Granello Heathcott December C Gerami D John Tsertos A Ed B Thomas Granello Heathcott Kearns January D John Tsertos A Ed B Thomas C Gerami Heathcott Kearns Granello February A Ed B Thomas C Gerami D John Heathcott Kearns Granello Tsertos March B Thomas C Gerami D John Tsertos A Ed Kearns Granello Heathcott April C Gerami D John Tsertos A Ed B Thomas Granello Heathcott Kearns May D John Tsertos A Ed B Thomas C Gerami Heathcott Kearns Granello June A Ed B Thomas C Gerami D John Heathcott Kearns Granello Tsertos July B Thomas C Gerami D John Tsertos A Ed Kearns Granello Heathcott August C Gerami D John Tsertos A Ed B Thomas Granello Heathcott Kearns September D John Tsertos A Ed B Thomas C Gera mi Heathcott Kearns Granello * Alternate A Ed Heathcott, Alternate B Thomas Kearns, Alternate C Gerami Granello and Alternate D John Tsertos as of the date this request is signed. This request applies to successors in each position. This request applies to all meetings beginning in October 2009 and continu' until caned or revoked. 000, Ak44~ Date: U T Signed: Name: l-yl tRoss Title: 0 1 T`/ 1JA dAvQ c- Deadline and Meeting Dates for Building & Standards Commission Applications must be submitted by 12:00 p.m. (1St Thursday of every month at 6:00 pm) YEAR 2009-2010 DATES: Deadline Date Meeting Date October 16, 2009 12:00 pm November 5, 2009, 6:00 pm November 13, 2009,12:00 pm December 3, 2009, 6:00 pm December 18, 2009, 12:00 pm January 7, 2010, 6:00 pm January 15, 2010, 12:00 pm February 4, 2010, 6:00 pm February 12, 2010, 12:00 pm March 4, 2010, 6:00 pm March 12, 2010, 12:00 pm April 1, 2010, 6:00 pm April 16, 2010, 12:00 pm May 6, 2010, 6:00 pm May 14, 2010, 12:00 pm June 3, 2010, 6:00 pm June 11, 2010, 12:00 pm July 1, 2010, 6:00 pm July 16, 2010, 12:00 pm August 5, 2010, 6:00 pm August 13, 2010, 12:00 pm September 17, 2010, 6:00 pm September 17, 2010,12:00 pm October 7, 2010, 6:00 pm October 15, 2010, 12:00 pm November 4, 2010, 6:00 pm November 12, 2010, 12:00 pm December 2, 2010, 6:00 pm City of West University Place • A Neighborhood City ® Recycled Paper BUILDING AND STANDARDS COMMISSION Rules of Procedures 0eee00000000000000000oooeeee00eeeeeee.eeeeeee000eeeee•e00eeeeeeeee0e0eeeeee00eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee These rules of procedures for the Building and Standards Commission ("BSC") of the City of West University Place, ("City") are adopted in accordance with the requirements of Subchapter C of Chapter 54 of the Local Government Code of the State of Texas (Subchapter C") and Chapter 6 of the Code of Ordinances of the City ("Chapter 6"). ARTICLE I Rules Subordinate to Requirements of Law The Rules of Procedures as herein set out are adopted as required by law and in the event of conflict with any provision of Subchapter C, said rules shall in all things be deemed superseded by such conflicting law. • ARTICLE II Meetings Regular meetings of the BSC shall be held at 6:00 P.M., on the first Thursday of each month. The City Manager with concurrence from the Chair may cancel any meeting of the BSC. Special meetings may be called by the Chair of the BSC or at the request of two commission members. The BSC meetings may be conducted in accordance with Robert's Rules of Order, Tenth Edition, at the Chair's discretion. If any question arises as to procedure, the ruling of the Chair or, in his/her absence, the Vice-Chair shall be final. Informal voice voting shall be used, unless a BSC member requests a roll call vote. Where there is a single vote on a group of items, under circumstances where no member requests a separate vote, the vote on the group is deemed to be the same as a separate, identical vote on each item. The presiding officer will preserve order and decorum, preventing the impugning of any member's motives or other personal comments not relevant to the orderly conduct of business. The presiding officer shall request all speakers to keep comments brief and relevant to the question before the BSC. All remarks by members should be directed to the chair, not to other members. All persons present in the meeting room should eschew abusive, rude or inappropriate • conduct. 3800 University Boulevard a West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org i Speakers at public sessions should limit their presentations to three minutes each. Speakers should direct all remarks and questions to the presiding officer, who may refer them for investigation, response or other action. The Texas Open Meetings Act requires the City to post a notice, in advance, listing every topic or subject to be considered by the BSC. This law may prevent the BSC from considering a subject raised by a member of the public. In this case, the presiding officer may refer the matter and the BSC may direct that the matter be placed on the agenda for an upcoming meeting. Any of the rules prescribed by this section may be suspended, for any single meeting, by a vote of three-fourths of the BSC members present. ARTICLE III Agenda The Recording Secretary is responsible for assembling the agenda for each meeting. The Recording Secretary must place a subject on the agenda if a formal application has been submitted or if requested by the Chair or by two or more commissioners. i Persons wishing to appear before the Commission shall make formal application on Standard City of West University Place forms and file in the office of the Development Services, 3826 Amherst, West University Place, Texas. To be considered for placement on the Agenda of the next Regular Meeting, applications and fifteen (15) copies of all supporting documentation shall be received and docketed by the Recording Secretary (a) at least twenty-one (21) calendar days prior to the date of the next Regular Meeting if public notification is required or (b) at least fourteen (14) calendar days prior to the date of the next Regular Meeting if public notification is not required. All other Agenda items shall be submitted to the Recording Secretary by 12:00 noon ten (10) calendar days prior to the date of the Regular Meeting or in the case of a Special Meeting, 96 hours in advance of the Special Meeting. The agenda items for each meeting shall be arranged in the following order: Introduction of Members Hearing of the Public Approval of Minutes Docketed Items Adjournment The agenda shall be posted with the notice of meeting. 2 • ARTICLE IV Selection of Chair and Vice-Chair Building & Standards Commission: The Selection of the Chair and the Vice-Chair shall be in accordance with the Ordinance No. 1751. ARTICLE V Rehearing and Reconsideration of Cases The BSC shall have the jurisdiction to rehear and/or reconsider cases previously decided. Any person seeking rehearing and/or reconsideration of a case shall file a written motion addressed to the Commission, specifying the grounds for rehearing and/or reconsideration. The Commission shall review all motions properly filed and may schedule a formal oral hearing. Cases shall be placed on the Agenda per ARTICLE III. ARTICLE VI Quasi-Judicial Enforcement Cases Under Subchapter C (a) Subchapter C cases. This Article only applies to quasi-judicial enforcement cases under Subchapter C of Chapter 54 of the Texas Local Government Code. (b) Initiation of cases. The Building Official of the City shall initiate and prosecute before the BSC all cases initiated by the City. Any other person desiring to have a case prosecuted before the BSC must first file the case with the Building Official on such forms or in such format as from time to time prescribed by the Building Official. The Building Official shall determine if probable cause exists to prosecute the case before the BSC. If probable cause is found to exist, the Building Official shall initiate the case by filing a petition or complaint with the Recording Secretary. If it is determined that no probable cause exists, no further action shall be taken on the complaint. If for any reason the person initiating the complaint disagrees with the decision of the Building Official, an appeal may be taken to the City Manager. (c) Docketing cases. The Recording Secretary shall set cases on the Commission's docket as they are filed by the Building Official. (d) Notices. Notices of Subchapter C cases shall be given by the Recording Secretary as provided for in Subchapter C. (e) Panel. The BSC is a commission of record and quasi-judicial body as provided for in Subchapter C. All cases heard by the commission must be heard by a panel of at least four members. (f) Records. The Recording Secretary shall be responsible for keeping all records of proceedings before the BSC. The Recording Secretary shall provide certified copies of the proceedings of the BSC upon payment of such cost as from time to time established by the City. 3 • (g) Witnesses. All witnesses and interested persons wishing to speak will be sworn by oath prior to the commencement of any case before the Commission. (h) Parties. A party in interest shall be defined as the Building Official; the owner, mortgagee, or mortgagor of the property which is the subject of a case before the Commission; and any other party who demonstrates a justifiable interest in the case and is admitted by the Commission as a party. Any party may be represented by counsel or other representative. (i) Order of proceedings at hearings. The normal order of proceedings for Subchapter C hearings is as follows: (1) Call to order and administration of oaths to witnesses (2) Presentation by the Building Official (3) Receipt of written comments, protests, etc. (4) Presentation by other parties in interest (and presentations by members of the public, if time allows and the Commission grants permission for good cause shown). (5) Response by the Building Official (limited to issues raised by other presentations, written comments, etc.) (6) Incorporation of testimony, exhibits, etc. into record and close of hearing. • Members of the BSC may pose questions to each witness. Other persons may submit written questions to be asked by the Chair, at the Chair's discretion. If requested by written motion and supported by a showing of good cause and true need, the BSC may allow direct cross- questioning. A hearing may be adjourned from time to time and from place to place. After completion of the hearing, the Chair shall close the hearing. (Note: The Commission will usually deliberate later during the same meeting, but may do so at a later meeting.) 0) Decision. The Commission may impose conditions or time limitations on any decision reached, as well as directing any peace officer under its jurisdiction to carry out its orders. The decision of the Commission shall be in the form of an order. All orders, supplements, or amendments thereto must be affirmatively passed by at least four members of the Commission voting in favor. Certified and/or photocopies shall be mailed and noticed in accordance with law. ARTICLE VII Non-Subchapter-C Cases (a) Non-Subchapter C Cases. In addition to hearing cases pursuant to Subchapter C, the Commission has other duties and responsibilities under Chapter 6 in discharging such obligations. These functions include: deciding appeals from administrative actions, acting on variances and issuing advisory opinions. • (b) Initiation of cases. Cases may be initiated as provided in Chapter 6 or other ordinances of the City, typically by a person appealing from a decision of a City official or a 4 • person seeking a variance or interpretation. A City official may initiate a non-Subchapter C case. (c) Docketing cases. The Recording Secretary shall set cases on the Commission's docket as they are filed. (d) Notices. Notices shall be given by the Recording Secretary as required by Chapter 6, and otherwise as prescribed by the Building Official or the Commission. (e) Panel. The BSC is a quasi-judicial body. Non-subchapter-C cases must be heard by a panel of at least three members. (f) Records. The Recording Secretary shall be responsible for keeping all records of proceedings before the BSC. The Recording Secretary shall provide certified copies of the proceedings of the BSC upon payment of such cost as from time to time established by the City. (g) Witnesses. Upon request of a party and a showing of good cause, witnesses and interested persons wishing to speak will be sworn by oath prior to the commencement of a hearing before the Commission. (h) Parties. A party in interest shall be defined as the owner, mortgagee, or mortgagor of the property which is the subject of a case before the Commission; any City official whose decision is in question; the applicant (if different from the above); and any other party who • demonstrates a justifiable interest in the case and is admitted by the Commission as a party. Any party may be represented by counsel or other representative. (i) Order of proceedings at hearings. The normal order of proceedings for non- Subchapter C hearings is as follows: (1) Call to order and administration of oaths to witnesses (2) Presentation by the applicant (3) Receipt of written comments, protests, etc. (4) Presentation by other parties in interest (and presentations by members of the public, if time allows and the Commission grants permission for good cause shown). (5) Response by the applicant (limited to issues raised by other presentations, written comments, etc.) (5) Incorporation of testimony, exhibits, etc. into record and close of hearing. Members of the BSC may pose questions to each witness. Other persons may submit written questions to be asked by the Chair, at the Chair's discretion. If requested by written motion and supported by a showing of good cause and true need, the BSC may allow direct cross- questioning. A hearing may be adjourned from time to time and from place to place. After completion of the hearing, the Chair shall close the hearing. (Note: The Commission will usually deliberate later during the same meeting, but may do so at a later meeting.) • 0) Decision. The Commission may impose conditions or time limitations on any decision reached, as well as requesting assistance from City officials to carry out its decisions. 5 All decisions, supplements, or amendments thereto must be affirmatively passed by a simple majority of those present and voting. Certified and/or photocopies shall be mailed and noticed in accordance with law. • (k) Recommendations. The Commission may further make recommendations to the City Council as to any needed modifications, amendments and changes in the Code of Ordinances of the City. ARTICLE VIII Amendments These rules may be amended at any time by a maiority of the entire Commission if proper notice of an intent to amend is given in accord with the Texas Open Meetings Act, and such amendment > unless otherwise stated in the amending motion, shall take effect immediately. PASSED AND APPROVED by the BSC on tl GV ~Q,YI(\,bw(r ; 20 0'5 Attest: Approved: • • 6 f A PLANNING COMMISSIONERS JOURNAL- AR-rict.E The "Riggins Rules" by Fred Riggins 1. Don't accept an appoint- SUGGESTED DO'S & DON'TS FOR THE CONDUCT too free with advice, and by ment or nomination to a OF PUBLIC HEARINGS AND all means explain that you ar Board, Commission, or THE DEPORTMENT OF MEMBERS OF BOARDS, only one member of the bod} Council unless you expect that you have not had an COMMISSIONS, bt ETHER BODIES to attend 99.9999 percent opportunity to study the mat of the regular and special [From Issue 13 of the PCJ, Winter 19941 ter thoroughly, that you have meetings, including inspec- Editor's Note: The "Riggins Rules" were brought to my attention by Bev not seen the staff recommen- tion trips, briefings and public Moody. Bev spent 26 years with the City of Phoenix Planning Department dation, and that you have no functions where your pres- before moving to his current position with the Arizona Department of Com- way of knowing what opposi- ence is expected. If your merce. During that time he knew the late Fred Riggins, a former Chairman tion there may develop or of the Phoenix Planning Commission and author of these "Suggested Dot what will occur at the public participation falls below SS & Don'ts" (since re-titled the "Riggins Rules" in his honor). hearin percent during any six Bev Moody notes that the Riggins Rules have been left just as Fred g months' eriod, should Be certain that the person p, you s Riggins wrote them in 1967 "because in their bluff, crusty, no-nonsense concerned understands that tender your resignation. You style, the man himself shines through." As Bev further explains, "you may you cannot commit yourself aren't doing your job. Your notice that Mr. Riggins did not follow the principles of non-sexist language that prevail today, Please befoB►ving as as he was raised in and wrote these in as any manner, except to aren't keeping well enough sure him that he may expect informed to make intelligent less sensitive times - and it doesn't detract from the good advice he offers." a fair and impartial hearing. decisions, and you are making Even if the case looks pretty other people do your work good to you, it is wise to be for you and assume your not 3. Do be on time. If the hear- can be politely avoided. You pessimistic about his chances inconsiderable responsibility. ing is scheduled at 7:30, the will invariably create the of securing approval. If you Your effectiveness and the gavel should descend at the impression with the unin- give him any encouragement regard given to your opinions exact hour, and the hearing formed that there is some- and any advice and he is then by other members will be begin, if there is a quorum. If thing crooked going on, denied, he will hate you until in direct ratio to your atten- you have to wait ten minutes especially when you vote your dying day and tell every- dance. for a quorum and there are favorably on the case of the one in town that he did just 2. Do create a good impres- 100 people in the room, the applicant you were seen con- exactly what you told him to Sion of city government. straggler has wasted two full versing with. When the other do and then, like a dirty dog, Remember that this is the first working days of someone's fellow's case comes up and you voted against him. time besides creating a very you deny it, he says, "Well, it's 7. Do your homework. of the people in the audience easy enough to see that you've Spend any amount of time very important occasion for gotta know the right if have had with the administra- most of those present. people necessary to become thor- tion of their city and for some you ever expect to get any- oughly familiar with each this is the most important 4. Don't dress like a bum. where around here." Save matter which is to come matter in which they have Shave, wear a tie, and remem- your socializing and fraterniz- before you. It is grossly unfair ever been involved. Many will ber that a coat is never out of ing for some other time and to the applicant and to the never be back again and many place. The people in the audi- place. City for you to act on a matter will never have another such ence think you are a very 6. Don't discuss a case pri- with which you have no pre- contact and experience. Your important person. Don't dis- vious knowledge with vately and as a single member or performance will create in appoint them by your appear- of a body with an applicant or which you are only vaguely their minds the picture which ante, conduct, and attitude. objector prior to the filing and familiar. And you will make they will always carry with S. Don't mingle with friends, prior to the hearing if it can some horrible and disturbing them of "the way the city is acquaintances, unknown be politely avoided. In the decisions. run." Make it as pleasant applicants or objectors in the event that it is not avoidable, 8. Don't indicate by word or and comforting a picture as audience before the meeting and many times it is not, be action how you intend to possible. or during a recess period, if it very non-committal, don't be vote during the portion of the A S P E C I A L P L A N N I N G C O M M I S S I O N E R S JOURNAL ART I C L E R E P R I N T - hearing dcvoted to presenta- I is accomplished, the informa- :utd the uneducated, and 16. Don't use first names in i ions by the applicant, pre- tion is brought out and made patient with the confused. addressing anyone at all dur- sentations by any persons part of the record and you ing the course of the hearing. l2. Do be attentive. Chose includes audience, a~ appearing in objection, and don't look as if you are lead- appearing before you have 'This includes l pIt comments by members of the ing the attack to secure defeat probably spent hours and cants, members of your par- staff. During this period your of the applicant's request. hours preparing and rehears- titular body, even if the body is the judge and the jury person concerned is your and it is no more appropriate 9. Don't fail to disqualify ing their arguments. The least brother or your best friend. for you to express an opinion yourself if either directly or you can do is listen and make Nothing, repeat nothing cre- as to the proper decision, indirectly you have any finan- them think that you are as ates a more unfavorable prior to hearing all of the vial interest in the outcome of interested as you should be. impression on the public than the hearing, and let your con- Refrain from talking to other this practice. It is poor "hear- testimony, than it would be for a judge or jury member to science be your guide where it members, passing notes and ing manners," destroys the renounce his firm conviction could be said that moral, ethi- studying unrelated papers. formality of the occasion, and in the middle of a court trial cal, political, or other consid- 13. Don't interrupt a pre- makes the uninformed certain regarding the guilt or inno- erations, such as personal sentation until the question that some sort of "buddy- cence of the defendant. This is animosity, would not permit period, except for very short buddy deal" is about to be not clearly understood by a you to make a fair and impar- and necessary clarifying consummated. If you just majority of persons sitting on tial decision. In disqualifying remarks or queries. Most can't bring yourself to calling hearing bodies. yourself, do not state your applicants have arranged their someone Mr. or Mrs., use the It is not too difficult to reasons inasmuch as the mere remarks in a logical sequence third person form and call phrase ones questions or stating of your reasons can be and the thing about which him "the applicant," or "the who is objecting," or comments in a manner that construed as exerting undue you are so concerned will person "the wgentleman o(or bjecting," implies that you are seeking influence on your fellow probably be covered if you information rather than scat- members. To avoid all accusa- can force yourself to be quiet who is appearing here in con- ing an irrefutable fact and that tions of undue influence, it is for a few minutes. You can nection with this case. your mind is closed to further generally wise to leave the wreck his whole case by a 17. Do show great respect argument. One does not say, room and ask that the record long series of unnecessary for the chair, always address- "1 happen to know that the show that you did so and that questions at the wrong time. ing the Chainnan as "Mr. applicant has no intention of you did not indicate by word He will be your enemy forever. Chairman," "The Chairman," placing an apartment building or action whether you were in or "Chairman Jones," and permit more than alwa on this site. In fact, it has favor of, or opposed to, the 14. Don't p always wait to be recognized been sold subject to zoning matter under discussion. one person at the podium before continuing. This will and the purchaser intends to and microphone at any one set an example for applicants 10. Do rotate the seating in time. and others wishing to be put a mobile home park here heard and will contribute a if he can get a special permit." some regular manner each 15. Don't permit a person to successive meeting to prevent great deal toward the orderli- Rather than this, one could directly question or interro- a "strong" member from grad- ness of the proceedings. say, "We have been furnished wally dominating a "weak" gate other persons in the with some information which audience. All questions 18. Don't be critical of attor- indicates that perhaps your and indecisive member should be addressed to the neys who sometimes feel plans are not too firm regard- always seated next to him. Chair and to the hearing body. impelled to give unnecessarily ing the development you pro- This will also prevent the When this person has fin- lengthy presentations on pose. In fact, there are some forming of little cliques or a fished his discussion and stat- behalf of their clients. Avoid not infrequent grouping of the strop temptation to make who are concerned about a members to the left of the ed the questions to which he g rumor that the property is would like to have answers, matters as difficult as possible being sold and that the new Chair who always oppose then the Chair will permit for them. They are just trying owner planned to put a those to the right of the Chair, those who care to make an to make a living and must mobile home park at this regardless of the merits of the answer to come forward and convince their clients that location, if he can secure the case, to the great detriment of do so, but only voluntarily. Do they are really earning the necessary permit. Would you the applicant, the City and not permit anyone to demand rather substantial fee which care to comment on this con- I other interested parties. answers to all and sundry they feel their service merits. tern of the neighborhood and It. Do be polite and impar- questions, especially if it is 19. Don't indulge in person- tell us if there is any truth in tial, as helpful as possible to obviously done for the pur- alities and don't permit any- this rumor?" The same result the nervous, the frightened poses of harassment. one else to do so. A 5 P E C I A L P L A N N I N G C O M M I S S I O N E R S J O U R N A L A R T I C L E R E P R I N T 20. Don't try to make the 5 ladies, widowed mothers wit applicant or any other per- q ~i~py g~ 270A$ 3 G 2 O s-tiny infants in their arms, :mo d . a ~i0 57$ 7 ZD O1D. on appearing before you • , _ o P~JV TO' f 1 2 the financially and socially look like a fool by the nature )0005610 3 of your questions or remarks. ').')005'9 4o distressed. Be sympathetic, AIV& oc AAA,.U ` ~lw 31 ti5ov but objective, and don't get Phis is often a temptation, t v j° t?`}av0 08 77 1 '6~ carried away with such a especially when it is apparent V 3y 607357A strong desire to help that you that someone is being slightly tt throw the rule book out the devious and less than forth- window Ninety-nine times right in his testimony. But ® I . i out of a hundred you will do don't do it. If you must 1 them some questionable ser- "expose" someone, do it as . vice at the expense of their gently and kindly as possible. D neighbors or the City and 21. Don't become involved O your kind-hearted action will in altercations. Some persons © p come back to haunt you seem to come to hearings :•'~y Q much sooner than anyone with the express purpose of could have imagined. Suck to "telling them guys down there \ the rules. how the cow ate the cabbage." 28. Don't assume the role If you answer their irrelevant of a fairy godfather to those rantings, you are immediately E who have become involved in involved in a fight. Don't , bad business deals or other answer or try to defend your- x., Q self-imposed difficulties. self. You are there to hear tes- timony and make decisions 29. Do not fail to give a based thereon, not to head up reason when making a a debating society. Remember, motion for approval or denial you are the judge and the jury. give their name and address No matter how fair or impar- of an applicant's request. If In most cases, it is sufficient and say what they can; to, if tial you should be, both sides you fail to do this, the appli- to say, "thank you very much their remarks are pertinent. will be mad at you. Stick to cant, any objectors, a review- for coming here and giving us the merits of the case and rule ing body of higher authority, the benefit of your thinking. I 24• Do not permit people to out or the courts may well assume podium and out-of-order testimony which am sure that the members of leave the that your decision was an microphone and approach is irrelevant, personal, this body will give your hearsay, and not pertinent to arbitrary one not supported remarks serious consideration closer to the hearing body by the facts and should be except in unusual circum- the matter being heard. when they are making their reversed. Always mention the individual determinations on stances, usually to show a 26. Don't be vindictive and staff recommendation. the merits of this case. Is there small exhibit or to explain "punish" the applicant for some detail. This ordinarily some real or imagined affront 30. Do not take staff re anyone who wishes to be mendations lightly. These se heard?" breaks down into a small to you or your Body on some mumbling session at one end previous occasion, perhaps recommendations are made profes 22. Do invite interested per- of the dais with one or two bearing no relation to the pre- after much study by years of- sons to come forward where members of the hearing body; sent hearing. It must be expel people with years of they can see when an appli- the others are uncertain about assumed that he is there legal- experience in their field and cant is discussing or talking what is going on. The conver- ly, he has a right to be heard, are based s, pertinent laws, from a diagram, site plan, or sation usually does not get and he has a right to a fair and or regulations, ped li- exhibit which is not visible to recorded, cannot be heard by impartial hearing on the mer- Gies, and practices developed the audience. the audience, and is almost its of his present case without by you and your predecessors. impossible to control from the reference to something which The recommendations of a 23. Do not permit people to Chair. g good staff in possession of speak from the audience. If he might or might not have done in the past or will per- all the facts will almost always it is important enough for 25. Don't become involved produce a technically correct them to speak at all, it is in neighborhood quarrels or haps do in the future. recommendation. Your job important enough for them to wind up as the referee even if 27. Don't try to be a hero to is to temper this recommen- be recognized, come forward, you are a veritable Solomon. beautiful women, little old dation with information A S P E C I A L P L A N N I N G C O M M I S S 1 0 N E R S J O U R N A L A R T I C L E R E P R I N T - 1A, ldeveloped during the hearing in assuring the public that member of the body and wish to xibmit additional t ` which was not available to the their case has received more emphasizes the "moment of simony, it will be necessary staff. It is not unusual for a than a cursory glance and an truth" when he must look the you to state your reasons b, st:df to voluntarily reverse or arbitrary decision. applicant i in the eye, make his letter and the Body will dec change the details of its rec- lay members of a hearing own individual decision, and at a subsequent meeting otnmendation during the body who "explain" ordi- say "aye" or "nay" in a loud whether or not they wish tc course of a hearing. Always nances to the audience usual-, clear voice, all alone, with no reopen the case. The next announce the staff recom- ly wind up their less than one to hide behind. The alter- case on the agenda will be mendation prior to hearing accurate remarks with the nate voting method is difficult 'my testimony and always pretty lame comment, "That's for the Secretary to record, make appropriate mention of the way I understand it and if doesn't mean anything on a 37. tinne a not hesitate to con it in the final decision. I am wrong, 1 would appreci- tape recording, is many times vis a case or take it rma unde 31. Don't forget that the ate it if the staff would correct quite confusing, and gives advisement more informs staff is there to help you in me." The staff usually does cowards an opportunity to ttrul necessaror greater deliberation i correct them, and ordinarily change their minds and vote these ad y, butministrative a not u any way possible. It is com- actions posed of very capable profes- at some length. Don't try to twice when they are caught in show how smart you are, the minority. merely to avoid or delay ma: sional people with vast because ing a decision before a hostil experience. Lean on them you're not. 35. Don't show any displea- applicant or audience. heavily. They can pull you out 33. Don't try to ease your sure or elation, by word or of many a bad spot if you give conscience and toss the appli- action, over the outcome of a 38. Do sit down and have. them a chance. Or they may cant a bone by granting him vote. This is very bad hearing long soul searching session just sit and let you stew, if you something less than he asked manners and wont lead to the with Yourself if you find that do not give them the respect for, something he doesn't maintenance of a friendly co- you are consistently "out in which is their due. Remember want, and something he can't operative spirit among mem- left field," that no one seems that their usual practice is to use. In all cases where it is bers of a Body. It will lead to inclined to second your pro- remain silent unless they are appropriate, give him what he the creation of little cliques found motions, and that you specifically asked to com- asked for or deny it. To do whose members vote in a are quite often a minority of ment. Most of them consider otherwise will only encourage block and become more inter- one. You might be theoretica. it presumptuous and unpro- applicants to ask for the ested in clobbering each other ly right, and probably are, bu fessional to inject any unso- "moon and the stars" in the than in making fair and equi- give some thought to what is licited comments into the hope that they will, at the table decisions. Practical, possible, and just. hearings. Always ask them to worst, get the minimum Don't be "still-necked" in comment prior to the final requirements. A reputation 36. Do discourage any post- your opinions. Give a little. vote. forapproving or denying t°o~ remarks by appli- 39. Don't select chairmen o: applications as filed will cant, objectors, or members 32. Don't try to answer after the final vote and deci- a seniority basis alone and technical questions even if result in much more realistic don't pass the office along you are sure that you know requests and make your job Sion is announced, especially from member to member as a those afterthoughts designed the answer. You probably much easier. to reward and honor. The nicest reopen the case. It will don't and will wind up look- 34. Do vote by roll call, invariably result in an guy in the world, the hardest ing like a fool. Refer these except for routine administra- unpleasant wrangle. just say, 'c'orking, the most interested matters to the staff. That is tive matters. This is wonder- "I'm sorry, but the final deci- and your most valuable mem- one of the things they are ful character training for each sion has been made. If you ber can be indescribably hor- there for. They have intimate rible in the Chair. This is just day-by-day working experi- one of those facts of life whicl ence with all pertinent ordi- c o Ae M A 5 S I /O N E R s is hard to explain, but, unfor- nances and can nearly always ' tunately, all too true. As occa- give a timely, up-to-the- • sion presents itself, give minute, professional disserta- prospective chairmen a tion on any subject in their News & INFORMATION FOR CITIZEN PLANNERS chance to preside, head up a field. And besides, it makes P.O. Box 4295, Buriington,VT 05406 sub-committee, report on spe- them more important and Phone: (802) 864-9083 • Fax: (802) 862-1882 • E-mail: pcj@together.net cial projects, and otherwise helps create an image of com- www.plannersweb.com prepare themselves and petency which is most helpful demonstrate their abilities and leadership under pressure. A S P E C I A L P L A N N I N G C O M M I S S I O N E R S J O U R N A L A R T I C L E R E P R I N T 49 How does the Open Meetings Act govern conversations involving a quorum of city councilmembers? According to the Texas attorney general's office: A meeting occurs and the (Open Meetings) Act applies whenever a quorum of a governmental body is present and discusses public business, regardless of whether any action is taken. In other words, any gathering of members of a governmental body, such as a city council, is subject to the requirements of the Texas Open Meetings Act (including a 72-hour notice, an agenda, and minutes or a tape recording) if the following two conditions are met: (1) a quorum is present; and (2) public business is discussed. For example, a regular meeting of a city council, where agenda items are discussed and formal action is taken, is clearly a meeting. However, according to the Act and several recent attorney general opinions, many other gatherings of the members of a governmental body may also constitute a meeting. The Act has been interpreted to apply to situations in which members of a governmental body act as a body but are not in each other's physical presence. For example, e-mail communications, telephone calls, and written correspondence between a quorum may constitute a violation of the Act, even if the quorum is not physically present in the same location and the discussion does not take place at the same moment in time. Op. Tex Att'y Gen. Nos. DM-95 (1992) & LO-95-055 (1995)(members of a governmental body may violate the Act by signing a letter on matters relevant to public business without meeting to take action on the matter in a properly posted and conducted open meeting); JC-0307 (2000)(the circulation of any document that requires approval of the governing body to take effect in lieu of its consideration at a meeting would violate the Act); DM-95 (1992)(the mere fact that two councilmembers visit over the phone does not in itself constitute a violation of state law. However, if city councilmembers are using individual telephone conversations to poll the members of the council on an issue or are making such telephone calls to conduct their deliberations about public business, there may be the potential for criminal prosecution.); and Hitt v. Mabry, 687 S.W.2d 791 (Tex. App.-San Antonio 1985, no writ)(members of a school board violated the Act by deciding to send out a letter to all parents of the school district without discussion of the matter in an open meeting). More recently, Opinion No. GA-326 (2005) adopts the term "walking quorum" The term seems to indicate, assuming a quorum is three, that: If councilmember A deliberates with councilmember B, then councilmember B deliberates with councilmember C, and finally councilmember C deliberates with councilmember A, a quorum was formed. 1• Application of the Open Meetings Act 1 When (foes the Open Meetings Act generally apply? The Open Meetings Act (OMA) generally applies when a quorum of a governmental body is present and discusses public business.(?) however, it does not apply to purely social gatherings or to the attendance of public officials at conferences or training if no formal actions are taken and if the discussion of public business is only incidental at such events.(3) (**watch out for less than quorum discussions, either in a meeting or not**) Must city-appointed committees post their meetings under the Open Meetings Act? If a city-appointed committee is truly advisory in nature, it generally does not have to post its gatherings as open meetings. Accordingly, the city must first determine whether a committee is advisory or whether it in fact has certain powers that would make it subject to the Open Meetings Act requirements. To make this determination, the city needs to review the actual authority of the committee and how its actions are treated by the city council. For example, if the city-appointed committee has the power to make final decisions or the power to adopt rules regarding public business, it would need to post its gatherings as open meetings. Additionally, if the committee issues recommendations that are usually approved in full by the city council, such committee meetings should also be posted as open meetings. In other words, a committee may not be considered "advisory" if the committee has certain final powers or if the city council generally "rubber-stamps" the committee's recommendations into final policy.(7) It should be noted that if a committee has several city council members on it, the committee may in certain cases become subject to the Open Meetings Act. For example, the Attorney General has concluded that an county appointed architect selection committee was subject to the Open Meetings Act.(8) The selection committee included the county judge and one county commissioner; the committee did not include a quorum of the county commissioners' court. However, because two county commissioners were already on the committee, they only needed to obtain the consent of one more county commissioner to have a majority vote in favor of any committee recommendation. Accordingly, the Attorney General concluded that the committee should be considered subject to the requirements of the Open Meetings Act as a governmental body. This conclusion was based on the fact that it would be too easy for the committee to obtain a "rubber stamp" of its decisions. The Attorney General also went on to indicate, however, that such a committee would be less likely to be found subject to the Open Meetings Act if the committee did not contain any members of the commissioners' court. It is important to note that the bylaws of an organization or the provisions within a city charter may specifically require a city committee to post its meetings pursuant to the Open Meetings Act. If there is such a local requirement, it would apply even if the Open Meetings Act would not otherwise require compliance. Conversely, cities cannot, through their city charter or local ordinances, waive the application of the requirements of the Open Meeting Act. What is the relationship between the Open Meetings Act and the Open Records Act? The Open Meetings Act and the Open Records Act are both intended to make government more accessible to the public.(" 11) However, the two are completely separate statutes, and each operates independently of the other. The mere fact that a city may be able to withhold a document from the public under the Open Records Act does not mean Open Meetings • Page 1 that the city council has authority to meet in executive session regarding the subject covered in that document.(12) Likewise, the fact that the Open Meetings Act allows city council to have an executive session about a particular topic does not mean that documents reviewed in the executive session may be withheld from the public.(13) II. Notice Provisions Under the Open Meetings Act Where and for how long must an open meeting notice be posted? The Open Meetings Act requires that the notice for each city council meeting must be posted on a bulletin board at a place convenient to the public in city hall.(1 4) A Texas court has ruled that posting in a kiosk immediately outside city hall is also permissible.(15) Generally, this agenda must be posted and readily accessible to the public at all times for at least 72 hours preceding the meeting.(16)The city will want to be sure that the posted notice is in a well-lit place that is accessible to the public even when city hall is closed. The same rules apply to posting notice for a meeting to deal with an emergency, except that the notice only needs to be posted for two hours and the notice must give a reason for calling the emergency meeting. How specific must the wording be for each agenda item posted for an open meeting? The Open Meetings Act requires that the posted notice of an open meeting contain the date, hour, place and a description of each subject to be discussed at the meeting.(18) Texas courts have interpreted this to mean that the notice must be sufficient to alert the public, in general terms, of the subjects that will be considered in the meetin . 19 Descriptions such as "old business," "new business," "personnel matters," and "litigation matters" are usually not sufficiently detailed to meet the requirements of the Act.(20) The courts have also ruled that the more important a particular issue is to the community, the more specific the posted notice must be. Thus, the phrase "employment of personnel" was held to be a sufficient posting for hiring a school teacher.(21) However, the same court found that this phrase was not sufficient when the school was considering hiring a key supervisor such as a principal. Similarly, a Texas court ruled that a posting that said "personnel" was not specific enough to allow a city council to discuss the firing of a police chief(22) Finally, a city must be sure that its postings are not misleading. For example, a Texas court has ruled that a notice calling for "discussion" of a certain item was not sufficient to allow a board to take action on that item when the board's previous notices had always explicitly stated when an action might be taken.(23) III. Effect of Quorum Provisions on Open Meetings Act Issues What constitutes a quorum for purposes of the Open Meetings Act? A quorum is generally considered to be a majority of the members of the governmental body.03) For example, if the governmental body has five members; a quorum would require the presence of three members. For home rule cities (cities that at one time had over 5,000 population and adopted a home rule charter), what constitutes a quorum is usually provided in the city charter. Sometimes, a city charter will require the presence of more than a mere majority in order to have a quorum. Does the Open Meetings Act apply if a quorum of city officials informally meets and no action or vote is taken on public business? The Open Meetings Act applies to a gathering of a quorum of city officials if they discuss public business, regardless of whether there is any action or vote taken. All requirements under the Open Meetings Act must be followed for such gatherings unless otherwise provided under state law. As noted Open Meetings • Page 2 1 earlier, state law provides a limited exception for gatherings at social events, training seminars, or conferences, if the discussion of public business is only incidental and no vote or cation is taken. Can less than a quorum of city council members visit over the phone without violating the Open Meetings Act? The mere fact that two council members visit over the phone does not in itself constitute a violation of state law. However, if city council members are using individual telephone conversations to poll the members of the council on an issue or are making such telephone calls to conduct their deliberations about public business, there may be a potential criminal violation. Physical presence in one place is not necessary to violate the Open Meetings Act-(40) It would remain a fact issue whether certain phone conversations between less than a quorum of city council members would be a violation of the Open Meetings Act.(41) Such interactions could amount to meeting in numbers less than a quorum to circumvent the purposes of the Open Meetings Act. Does state law set out procedural rules that apply to open meetings? Relatively few procedural rules are contained in the Open Meetings Act for meetings of a governmental body. All meetings must, of course, be properly posted, and a governmental body is limited in how it can respond to inquiries about issues that were not listed on the posted agenda. Additionally, during all meetings, minutes of the meeting must be kept, and certain rules must be followed when holding an executive session. However, state law does not impose general rules of parliamentary procedure for open meetings. For example, the Open Meetings Act does not specify rules on how many readings of an ordinance are required, who may make a motion, or whether a motion must be seconded. In order to answer these questions, a local governmental body must consult any local rules of procedure that have been adopted by the city council. Home rule cities should also consult their city charters for applicable provisions. If a city has not adopted any such rules, a majority of the city council would determine how items would be considered procedurally. The Texas Attorney General has concluded that Texas cities are generally able to adopt reasonable rules of procedure that do not conflict with the state or federal constitution, a state statute, or a home rule city charter provision.(43) What accommodations must a city provide at its open meetings for an attendee who has a disability? Generally, a city must make its meetings accessible to persons with disabilities. Title II of the Americans with Disabilities Act (ADA) provides that activities of state and local governing bodies, including meetings, are subject to the ADA. In most cases, such a requirement means that the facility holding the meeting must be physically accessible to individuals with disabilities. Cities may ask that individuals with disabilities provide the city with reasonable notice on any accommodations they may need to attend the meeting. Cities must also be ready to provide an accessible meeting site and provide alternative forms of communications that address the needs of individuals with disabilities. This may involve providing sign language interpreters, readers, large print or braille documents upon request. What right does the public have to speak on a particular agenda item? The Open Meetings Act allows the public to observe the open portion of a city council meeting. However, the Texas Attorney General has concluded that the Open Meetings Act does not give members of the public a right to speak on items considered at an open meeting.(52) Such a right only exists if a specific state law requires a public hearing on that item or if state law requires that public comment be allowed on that issue. If a city Open Meetings • Page 3 allows members of the public to speak on an item at a council meeting, the council may adopt reasonable rules regulating the number of speakers on a articular sub' length of time allowed for each presentation. (53) However, the city council ~mu to apply its rules equally to all members of the public. What is the general distinction between a public hearing and an open meeting? A city council is generally not required by the Open Meetings Act to allow members of the public to speak on regular agenda items at an open meeting.(54) However, during a public hearing, members of the public must be given a reasonable opportunity to speak. Another difference between public hearings and general open meetings is the type of notice that must be provided. Many statutes which require a public hearing also require that special notice of the hearing be given. For instance, when a city is going to have an annexation hearing under section 43.052 of the Texas Local Government Code, it must publish notice of the hearing in a newspaper at some time between ten and twenty days before the hearing. On the other hand, the only notice generally required for a regular open meeting is the 72-hour posted notice at city hall. Can a city council require that a group select one of its members as a spokesperson? A city council may make reasonable rules regulating the number of speakers on a particular subject and the length of each presentation. (55) Arguably, such rules could include a requirement that a group select one of its members as a spokesperson. However, the city council should not discriminate between one group and another on a particular issue. Further, in no case may a city council adopt procedural rules that are inconsistent with the state or federal constitution, state or federal statutes, or city charter provisions (in a home-rule city).(56) A city should visit with its local legal counsel if it decides to impose such a requirement. Can members of the public be removed from an open meeting for causing a disturbance? The presiding officer of the city or the city council as a body may ask that individual members of the public be removed if they are causing a disturbance at a public meeting. What constitutes conduct that rises to the level of disorderly conduct is a fact issue for the city council to consider. A city may want to visit with its local district or prosecuting county criminal attorney for guidance on what actions may constitute "disorderly conduct." Can a city council limit city council members to a set amount of time for their testimony or remarks at an open meeting? The Open Meetings Act does not address whether a city council may set limits on the remarks of council members at an open meeting. However, the governing body of a city may adopt procedural rules for its meetings that are not inconsistent with the state or federal constitution, state or federal statutes, or with local city charter provisions.(57) Within these parameters, a city council may arguably set reasonable time limits for council member remarks in an open meeting. (58) What duty does a city have to produce minutes of open meetings? A city must either keep minutes or make a tape recording of every open meeting.(59) If the governmental body chooses to keep minutes rather than make a tape, state law requires that the minutes state the subject of each deliberation and indicate every action that is taken. What access does the public have to the minutes of an open meeting? The minutes or tape recording of an open meeting are open to the public and must be available for inspection and for copying.(60) It should be noted that exceptions to required public Open Meetings • Page 4 l disclosure in the Open Records Act do not apply to the minutes or recording of an open meeting. The city must Y permanently retain copies of its minutes for its meetings. However, the city is not required by state law to publicly post the minutes of an open meeting. What right does the public have to record open meetings? The Open Meetings Act gives any member of the public a legal right to make a video or audio recording of an open meeting.(61) However, the Act also gives a governmental body a right to adopt reasonable rules that are necessary to maintain order at a meeting. Thus, a city council may regulate the location of recording equipment and the manner in which the recording is conducted. However, the city may not adopt any rule that would unreasonably impair a person's right to record an open meeting. ENDNOTES 1. This article was written by Scott Joslove, Robert Ray, and Carla Gay Dickson. Much of the material in the article is drawn from the Texas Attorney General's 1998 Open Meetings Handbook. In addition, the article was reviewed by Elizabeth Robinson, Peter Wassdorf, David Short, Susan Garrison, John Fuller, Heather Browne, and Ted Delisi, all of the Office of the Attorney General. Susan Horton and Frank Sturzl, both of the Texas Municipal League, also reviewed the article. Scott, Robert, and Carla would like to express their sincerest thanks for the invaluable assistance provided by these and other individuals in preparing this article for publication. 2. See Texas Government Code Section 551.001 (4) (1997). 3. See Texas Government Code Section 551.001 (4) (1997). 4. Texas Government Code Section 551.001 (1999) (as amended by Texas House Bill 156, 76th Legislature, Regular Session (1999)). 5. See Texas Government Code section 551.075 (1997). 6. See Texas Attorney General Opinion Nos. JM-1058 (1989)(governing body can meet with employees to receive information) and MW-28 (1979) (meeting of various officials is not within scope of Open Meetings Act where there is not a quorum of public is council or commissioners court members, where there is no Act, and where the group does not have rule-making or quasi judicial poker) cumvent the 7. See Texas Attorney General Opinion No. H-3 (1974) (committees whose decisions are "rubber stamped" by governing body may be subject to Open Meetings Act). 8. Texas Attorney General Opinion No. JC-0060 (1999). 9. See Texas Government Code section 551.001(3) "governmental body " • (West 1998) (definition of y Texas Attorney General Opinion No. JM-1072 (1989) (local-level entity must fall within definition of "governmental body" to be covered by Open Meetings Act). 10. Texas Attorney General Opinion Nos. LO 93-55 (1993) and LO 96-113 (1996); see also Texas Attorney General Opinion No. DM-7 (1991) (committee on aging which receives public funds not subject to Open Meetings Act). Open Meetings - Page 5 I 1. 1998 Open Meetings :Ict Handbook, published by the Office of the Attorney General of Texas, p. 57. 12. See e.g, 'T'exas Attorney General Opinion No. JM-595 (1986) (Open Records Act does not authorize executive session where documents under discussion are eonfidential). 13. Texas Attorney General Opinion Nos. ORD-605 (1992) (names of discussed in executive session are not confidential under Open Records Act) and applicantsORD- 485 (1987) (investigative report considered in executive session may not be withheld). 14. Texas Government Code section 551.050 (West 1998). 15. City of'San Antonio v. Fourth Court of Appeals, 820 S. W.2d 762, 768 (Tex. 1991). 16. Texas Government Code section 551.043 (West 1998). 17. Texas Local Government Code section 43.052 (West 1998). 18. Texas Government Code section 551.041 (West 1998). 19. City oj'San Antonio v. Fourth Court oj'Appeals, 820 S. W.2d 762, 766 (Tex. 1991). 20. Texas Attorney General Opinion No. H-662 (1975). 21. Point Isabel Independent School District v. Hinojosa, 797 S. W.2d 176 (Tex. App. - Corpus Christi 1990, writ denied). 22. Mayes v. City of DeLeon, 922 S. W.2d 200 Tex.A 23. River Rd. Neighborhood Association v. South Tex. Sports, 720 S.W.2d 551e(Tex. App. - San Antonio 1986, writ dism'd w.o.j.). 24. Texas Government Code section 551.042 (West 1998). 25. Acker v. Texas Water Commission, 790 S.W.2d 299 (Tex. 1990). 26. See Texas Government Code sections 551.043 (notice must be posted for 72 hours in advance of meeting) and 551.041 (notice must include place of meeting) (West 1998). 27. Acker v. Texas Water Commission, 790 S. W.2d 299 (Tex. 1990). 28. See Texas Government Code sections 551.043 (notice must be posted for 72 hours in advance of meeting) and 551.041 (notice must include place of meeting) (West 1998). 29. Acker v. Texas Water Commission, 790 S. W.2d 299 (Tex. 1990). 30. See Texas Government Code sections 551.043 (notice must be posted for 72 hours in advance of meeting) and 551.041 (notice must include place of meeting) (West 1998). 31. See Texas Attorney General Opinion No. H-1000 (1977) ("day-to-day" does not mean county commissioners court can recess meeting indefinitely, but court may recess until the following day). 32. Rivera v. City of Laredo, 948 S. W.2d 787 (Tex.App. - San Antonio 1989, writ denied). 33. See Texas Government Code section 551.001 (6) (1997). 34. See Texas Local Government Code section 22.039 (1997). 35. See Texas Local Government Code section 23.028 (1997). 36. See Texas Government Code sections 311.013 and 312.015 (West 1998). 37. See Texas Government Code sections 311.013 and 312.015 (West 1998). 38. Cox Enterprises, Inc., v. Board of Trustees of Austin LSD., 706 S.W.2d 956 (Tex. 1986). 39. See Texas Attorney General Opinion No. DM-95 (1991). 40. See Texas Attorney General Opinion No. DM-95(1992). 41. See Hitt v. Mabry, 687 S. W.2d 791 (Tex.App. - San Antonio 1985, no writ)(school trustees violated Open Meetings Act by telephone conferencing). 42. See Texas Attorney General Opinion No. DM-95 (1991). Open Meetings - Page 6 1 43. Texas Attorney General Opinion Nos. DM-473 (1998) (governing body may adopt procedural rules not inconsistent with constitution, statutes, or charter provisions) and Fl- 188 (1973) (governing body may adopt reasonable rules of procedure for open meetings, including Robert's Rules of Order); Texas Local Government Code § 22.038 (c) (1998) (governing body of type A city determines rules of procedure for its meetings). 44. Texas Attorney General Opinion No. DM-473 (1998). 45. Texas Government Code section 551.103 (West 1998). 46. Texas Local Government Code section 22.037 (West 1998). 47. Clark, Ronald H., Texas Municipal Law and Procedure Manual, 3rd edition, p. 4-3. 48. Texas Attorney General Opinion Nos. DM-207 (1993), JM-903 (1988), and JM-584 (1986). 49. Texas Government Code section 551.125 (West 1998). 50. Texas Government Code section 551.126 (West 1998). 51. Texas Government Code section 551.128 (as added by Texas Senate Bill 1252, 76th Legislature, Regular Session (1999)). 52. Texas Attorney General Opinion No. H-188 (1973). 53. See Texas Attorney General Opinion Nos. LO 96-111 (1996) and H-188 (1973). 54. Texas Attorney General Opinion No. H-188 (1973). 55. See Texas Attorney General Opinion Nos. LO 96-111 (1996) and H-188 (1973). 56. See Texas Attorney General Opinion Nos. DM-473 (1998) and H-188 (1973). 57. Texas Attorney General Opinion No. DM-473 (1998). 58. See Texas Attorney General Opinion Nos. LO 96-111 (1996) and H-188 (1973). 59. Texas Government Code section 551.021 (West 1998); see also Texas Attorney General Opinion No. H-1163 (1978) (minutes must record every action of governing body). 60. Texas Government Code section 551.022 (West 1998); see also Texas Attorney General Opinion No. ORD-225 (tapes of meetings used to assist in writing minutes are open records). 61. Texas Government Code section 551.023 (West 1998). Open Meetings • Page 7 Section 551.128, Government Code, excerpt from Open Meetings Act: § 551.128. Internet Broadcast of Open Meeting (a) In this section, "Internet" means the largest nonproprietary cooperative public computer network, popularly known as the Internet. (b) Subject to the requirements of this section, a governmental body may broadcast an open meeting over the Internet. (c) A governmental body that broadcasts a meeting over the Internet shall establish an Internet site and provide access to the broadcast from that site. The governmental body shall provide on the Internet site the same notice of the meeting that the governmental body is required to post under Subchapter C. The notice on the Internet must be posted within the time required for posting notice under Subchapter C. Excerpt from Texas Attorney General's Open Meetings Act Handbook, 2006: G. Meetings Using Telephone, Videoconference and Internet A governmental body may not conduct meetings subject to the act by telephone or videoconference unless a statute expressly authorizes it to do so.ss The Open Meetings Act authorizes governmental bodies to conduct meetings by telephone conference call under limited circumstances and subject to procedures that may include special requirements for notice, record-keeping and two- waycommunication between meeting locations.89 A governmental body may hold an open or closed meeting by telephone conference call if: (1) an emergency or public necessity exists within the meaning of Section 551.045 of [the act]; and (2) the convening at one location of a quorum of the governmental body is difficult or impossible; or (3) the meeting is held by an advisory board.9o The emergency telephone meeting is subject to the notice requirements applicable to other meetings held under the act. The open portions of the meeting are required to be audible to the public at the location specified in the notice and must be tape-recorded. The provision also requires the location of the meeting to be set up to provide two-way communication during the entire conference call and the identity of each party to the conference call to be clearly stated prior to speaking. Section 551.127 addresses meetings by videoconference call.91 A meeting of a state governmental body or a governmental body that extends into three or more counties may be held by videoconference call if a majority of the quorum of the governmental body is physically present at one location of the meeting.92Meetings of other governmental bodies may be held by videoconference call only if a quorum of the governmental body is present at one meeting place.93 The meetings are subject to special requirements regarding notice and visibility and audibility of open sessions to the public, and two-way communication between locations of the meeting.94A governmental body may allow a member of the public to testify at a meeting from a remote location by videoconference call without regard to whether a member of the governmental body was participating in a meeting by videoconference call.95 A governmental body may consult with its attorney by telephone conference call, videoconference call or communications over the Internet, unless the attorney is an employee of the governmental body.9e if the governmental body deducts employment taxes from the attorney's compensation, the attorney is an employee of the governmental body.97 Section 551.128 of the act provides that "a governmental body may broadcast an open meeting over the Internet" and sets out the requirements for a broadcast.98 The broadcast does not substitute for conducting an in-person meeting but provides an additional way of disseminating the meeting. The act authorizes the governing board of an institution of higher education or the Board for Lease of University Lands to meet by telephone conference call if the meeting is a special called meeting, immediate action is required, and it is difficult or impossible to convene a quorum at one location.99 The Texas Board of Criminal Justice may hold an emergency meeting by telephone conference call,ioo and at the call of its presiding officer, the Board of Pardons and Paroles may hold a hearing on clemency matters by telephone conference call.im Statutes other than the Open Meetings Act authorize some governing bodies to meet by telephone conference call under limited circumstances. For example, if the joint chairs of the Legislative Budget Board are physically present at a meeting, and the meeting is held in Austin, any number of the other board members may attend by use of telephone.