Untitled Texas Attorney General Opinion
GA-0896
Tex. Att'y Gen.Jul 2, 2011Background
- The Texas Open Meetings Act governs open meetings of governmental bodies, including boards of special districts like the District.
- The District concerns whether electronic communications among directors could violate the Act, focusing on three categories of e-communication.
- The request asks for guidance, not facts, on whether such communications could constitute a deliberation or a walking quorum.
- The opinion cannot resolve factual questions or state of mind of participants, but provides general legal guidance on applicability of the Act to electronic communications.
- The analysis rejects a narrow reading of deliberation as spoken words and recognizes that electronic exchanges can trigger the Act's requirements.
- The conclusion states that electronic communications could constitute a deliberation and a meeting under the Act depending on the facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do electronic communications qualify as deliberation under the Act? | Sloan contends e-mails may violate the Act in certain forms. | The Act covers verbal deliberations, including electronic exchanges; facts govern. | Yes, electronic communications could constitute a deliberation or meeting depending on facts. |
| Is there a walking quorum issue with electronic communications? | Concern that non-quorum communications copied to a manager or to online groups may facilitate bypassing the Act. | Walking quorum questions depend on state of mind and fact patterns; cannot be determined here. | Walking-quorum implications may arise under the Act, depending on facts. |
Key Cases Cited
- Willmann v. City of San Antonio, 123 S.W.3d 469 (Tex. App.-San Antonio 2003) (defines walking quorum as serial meetings of less than a quorum)
- Esperanza Peace & Justice Ctr. v. City of San Antonio, 316 F. Supp. 2d 433 (W.D. Tex. 2001) (describes walking quorum concept in overlapping meetings)
- Hitt v. Mabry, 687 S.W.2d 791 (Tex. App.-San Antonio, no writ) (supported view that physical presence is not required for quorum)
- Nootsie Ltd. v. Williamson Cnty. Appraisal Dist., 925 S.W.2d 659 (Tex. 1996) (presumption of constitutionality; governs interpretive approach)