The Board may conduct a closed meeting for the purposes described in the following provisions.
For purposes of the closed meeting exception for personnel matters, an independent contractor, such as an engineering, architectural, or consultant firm, is not an employee. Atty. Gen. Op. MW-129 (1980), Atty. Gen. Op. H-496 (1975)
The Board is not required to conduct an open meeting to deliberate a case in which a complaintor charge is brought against a School employee by another employee and the complaint, or charge, directly results in the need for a hearing. However, the Board may not conduct a closed meeting for this purpose if the employee against whom the complaint or charge is brought makes a written request for an open hearing. Gov't Code 551.082
Directory information about a student at the School is considered to be personally identifiable information about the student for this purpose only if a parent or guardian of the student, or the student if the student has attained 18 years of age, has informed the School that the directory information should not be released without prior consent. [See FL]
This exception does not apply if an open meeting about the matter is requested in writing by a parent or guardian of the student or by the student if the student has attained 18 years of age.
Gov't Code 551.0821
If a closed meeting is allowed, the Board shall not conduct the closed meeting unless a quorum of the Board first convenes in an open meeting for which proper notice has been given (see BE) and the Board President has publicly announced that a closed meeting will be held and has identified the section, or sections, of the Open Meetings Act, or other applicable law under which the closed meeting is held. The Board shall reconvene the open meeting after a closed meeting prior to adjourning the meeting. Gov't Code 551.101;
Education Code 39.030(a)
A final action, decision, or vote on a matter deliberated in a closed meeting shall be made only in an open meeting for which proper notice has been given. Gov't Code 551.102 (See BE)
The Board shall either keep a certified agenda, or make a tape recording of the proceedings of each closed meeting, except for private consultations with the School's attorney. The certified agenda must include a statement of the subject matter of each deliberation, a record of any further action taken, and an announcement by the Board President at the beginning and end of the closed meeting indicating the date and time. The Board President shall certify that a certified agenda is a true and correct record of the proceedings. If a tape recording is made, it must include announcements by the Board President at the beginning and end of the meeting indicating the date and time. Gov't Code 551.103
Closed meetings may not be recorded by an individual Trustee against the wishes of a majority of the Board. Zamora v. Edgewood ISD, 592 S.W.2d 649 (Tex. App.- San Antonio, 1979)
The Board shall preserve the certified agenda or tape recording of a closed meeting for at least two years after the date of the meeting. If a legal action involving the meeting is brought during that period, the Board shall preserve the certified agenda or tape recording while the action is pending. Gov't Code 551.104(a)
A certified agenda or tape recording of a closed meeting is available for public inspection and copying only under a court order issued as a result of litigation involving an alleged violation of the Open Meetings Act. Gov't Code 551.104(b)(c)
No Board member shall knowingly call or aid in calling or organizing a closed meeting that is not permitted under the Open Meetings Act, close or aid in closing a regular meeting to the public, except as permitted under the Open Meetings Act, or participate in a closed meeting that is not permitted under the Open Meetings Act. Gov't Code 551.144(a)
No Board member shall participate in a closed meeting knowing that neither a certified agenda nor a tape recording of the closed meeting is being made. Gov't Code 551.145
No individual, corporation, or partnership shall, without lawful authority, disclose to a member of the public the certified agenda or tape recording of a meeting that was lawfully closed to the public. Gov't Code 551.146
It is an affirmative defense to prosecution under Subsection 551.144(a) that the Board member acted in reasonable reliance on a court order or a written interpretation of the open meetings law contained in an opinion of a court of record, the attorney general, or the Board's attorney. Gov't Code 551.144(c)
Adopted: 5/8/81
Amended: 10/25/85, 11/12/87, 1/26/90, 3/27/92, 1/29/93, 3/25/94, 11/15/96, 1/24/02, 3/26/04, 4/1/05
Reviewed: