Case Information
*1 The Attorney General of Texas Aquet 14, 1985 JIM MAllOX
Attorney General opinion No. JM-340 Eooorable Carl Parker
Suprem Court Building cheirmall P. 0. BOX 12548 Aurtln. TX. 70711- 2548 Education Committc:e: Re: Whether a grievance hearing 512l47%?m is open to the public under eer- Texas State Senetc! 1d.X 9101874.1367 tale circumstances and related P. 0. Box 12068, Cepitol Station lelecoplrr 5lY47502ea Austin, Texas 711711 questions 714 Jackson. Suite 700 Dear Senator Parkm: cwllos. TX. 75202.4506 2W742-8944
You ask whether the Open Meetings Law required au Alamo Comunlty grlwance committee District diacuaa e terminated employee’s grievewe in open session. You also ask whether 4824 Alberta Ave.. Sulle 100 the of the district El Paso, TX. 799052793 chancellor could order persona to leave the premises 9lW533.3.484 Newspaper clippings which you have submftted describe headquarters. - the circumstances Iof the grievance coxmittee hearing.
1001 T.Yxas. Suite 700 On March 29, 1985. a grievance conmlttee met to hear a grievance Houston. TX. 77002-3111 filed by a dlatrfct secretary who had been terminated. The cormnittee 713/222-5886 vae appointed according the folloving procedure of the Alaeo Community College ‘District: W6 Broadway, Suite 312 Lubbock. TX. 794014479 The three-member grievantie coxmittee shall be ad 806/747-3238 hoc. Its members shall be appointed by the President (or Chancellor, as appropriate) from a 4399 N. Tenth. Suits B list of six or more employeea agreed upon by (a) McAllen, TX. 78501.1685 the appropriate Vice President or Director 512/682-4547 Buainew Services (for college employees) or Vice Chancel.lor (for District exployeea) and (b) 200 Main Plus. Suite 400 elected head of the appropriate employee group or San Antonio. TX. 78205-2797 (when the grievant is an administrator) an ACCD 512l225-4191 eeployc:r designated by from an
elected or appointed pool, so long as the pool large enough to ensure that a small number of An Equal Opportunityl Attirmative Action Employer employws are not asked to ~serve repeatedly.
Persow involved the grievance process are excludartl .
The grievance po:L:Lcy states as follows: P 4. Within five (5) days after receiving
grievfcxe committee’s recommendation. *2 - \ -I Honorable Carl Parker - PIIS~ 2 (311-340)
President (or Chancellor, for District office employees) must communicate his or her decision vritlng to involved parties.
employees may appeal the Prealdent’ o decision the Chancellor c’s his/her designee. final A appeal may be made to the Board of Trustees and must be filed ten (10) days following vlthin At the Board’s discretion, last level of appeal. such an appeal msy be handled either through a review of the griwance record or through a formal hearing. The final decision will be cmnicated in vriting to the involved parties five vlthin (5) days after the Bod%rd completes ite deliberations. Alamo District Policy Manua:L, What’s What, Policy No. IV 4-29. When the grievance ccmmlttee convened the March 29 hearing at
9:00 a.m., two reporters from the San Antonio College student newspaper were present. The reporters had spoken the employee about attending the hearing and she did not object to their presence.
The chancellor’s special assistant told the reporters that the hearing was closed. They attempted twice more to attend, without success.
The chancellor ultimately c;alled the campus police who arrived after room and were waiting x the students had left the hearing outside building for it to end. Campus police ordered them to leave premises and filed dieordexly conduct complaints against them.
The Open Meetings Act applies to meetings of a “governmental body” defined as follows:
(c) ‘Governmental body’ means [l] any board, commission, department. committee. or agency vithin the executive or legislative department of the at&e, which Is under the direction of one or more elected or appointed members; and (21 every CommIssionera Court and ctty council in the state, and every dellberatlve body having rule-making or quasi-judicial power and clasalfied as a depart- ment, agency, or political subdivision of a county or city; [3] anli the board trustees of every school district,- and every county board of school trustees and countv board of education: [41 and the governing boaid of every special- district heretofore or hereafter created by law. (Emphasis added; numerals [ll. 121. [31. I41 added).
V.T.C.S. art. 6252-17, )l(c:). This definition in four parts. See generally General Opinion H-467 (1974). The first part gives _, criteria for determining v’hich state level entities are governmental *3 (JM-340) gonorable Carl Parher - Page 3
bodies. See generally Attorney General Opinion8 g-994 (1977); E-772 (1976); R-450, R-438. H-246 ((1974); R-3 (1973). The remainder of the apecif ic local governmental definition liars entitles. See generally Attorney General Opinions W-174 (1980) ; B-1281 (1978); g-554. E-496 (1975); g-450 (1974).
A comnity college district la a political subdivision. General Opinion M-707 (1970). The legislature has named such Institutions “conxsunity colleges” because they “seme their com- munities not only through university-parallel programs but also by means of occupational programs and other programs of community interest and need.” Educ: . Code Il30.005. A community college district board of trustees is governed by the law pertaining to independent school districts, Insofar as it is applicable. Educ. Code 1130.084. Noreover , comrunity college districts are “school districts” within article 1’1.1, section 3 of the Texas Constitution, which authorizes school d:lstricta levy and collect ad valorem taxes. Shepherd v. San Ja$nto Junior College District. 363 S.W.2d 742 (Tex. 1963); see Educ. Code 0130.005 (junior colleges renamed community colleges). In c,ur opinion. trustees of a community college district are truatoea of a “school district” within section 1 (c) of the Open Meetings Act. See also V.T.C.S. art. 6252-17.
Q3A(b), (e) (notice provisj,ona) . Thus, the board of trustees of the Alamo Community College District is a governmental body within act.
Prior opinions eatablkh that an entity will be covered by the Open Meetings Act if it a “governmental body” which holds “meetings.” as those tenw are defined in the act. See Attorney General Opinions H-994 (1’3’17); H-772 (1976); R-438 (1974). These opinions consider vhether the entity in question is described by the express language of the definitions. Thus, a state-level entity will be a governmental body within the act if it is “vithin the executive 3:E or legislative department the state” and “under the direction one or more elected or ,q?pointed members.” See, e.g., Attorney E-772 General Opinions E-994 (1!)?7) ; (1976); E-438 (1974). For a local level entity to be a “governmental body” within the act, it must be expressly included list of governmental bodies which comprises the second branch of the definition. 6252-17, V.T.C.S. art. That list names several specific governmental bodies. It also
51(c). establishes criteria for identifying deliberative bodies “classified as a department, agency, or political subdivision of a county or city.” See, e.g., Attorney General Opinions JM-4 (1983); D-467 (1974). The definition ,x[ governmental body does not, however.
inr.lude committees subordinate the governing body of a school district or junior college district such as the grievance committee. Alamo
Since Comnunitf College grievance is not a governmental body within th,e statutory definition, it is not subject
.
Bouorable Carl A. Parker - P1g8 b (JM-340)
to the Open Meeting8 Act. Tba March 29 hearing vas therefore not a meeting subject to the Opeu Ileetings Act.
You next ask vhcther chaucellor could order persons to leave Since the grievance comittae the premises of district headquarters.
hearing was not subject to the Open Meetings Act, student reporters to attend. Whether the chancellor had no right under that act could properly order persons to 1t:ave the preuisea of district headquarters depends upon all facts and circumstances. The trustees of a conmmity college "have the exclusive power to manage and govero" Eiuc. Code 123.26(b). schools of the district. They msy adopt "such rules, regulations, and by-,lavs as they may deem proper." to deter disruption officials may enforce rules and regulations of the educational environment. tansdale v. Tyler Junior College, 318 P.
Supp. 529 (D.C. 1970); l&l::8 v. Board of Trustees, Tarraat County Junior College District, 480 S.W.2d 289 (Tex. Clv. App. - Fort Worth 1972, writ ref'd n.r.e.). d.ssuming the chancellor vas acting pursuant to authority validly delegated by the trustees, he vas empowered See also Penal Code order persons leave district headquarters.
942.05 (disrupting a meetiaf,).
SUMMARY ? A grievance the Alamo Conrrwnlty
College District is not a "governmental body" Very truly your within the Open Eleetiags Act, article 6252-17, V.T.C.S.
J k A
JIM MATTOX Attoruey General of Texas TOM GREBN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
ROBERT GRAY
Special Assistant General
RICK GILPIN
Chairman, Opinion Coxanittet!
Prepared by Susan L. Garriricln
Assistant Attorney General *5 . .
. ,. (311-340)
Ronorablo Carl Parkor - Page S
APPROVED:
OPINION COMIITTIZE
Rick Gilpin, Chairman
Susm Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
Nancy Sutton
Sarah Woelk
Bruce Youngblood