*1 The Honorable M. L. Brockcttc Opinion No. H- Commissioner of Education Re: May a governmental body

The Texas Education Agency 201 East Eleventh St. in executive to Austin, Texas discuss matters relating to of governmental

employees?

Cear Commissioner Brockette:

In reference to the Open Meetings Law you have asked: May a school district board legally discuss 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 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 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 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 to pa *2 * .

. . & Honorable M. L. Brockettr pagr 2 (H-496)

hear complaints or charges against such officer or employee, such officer requests unless a public hearing. (Emphasis added) It is evident that section 2(g) was intended to cover the various an individual’s aspects 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 section 2(a). Also, note the requirement open meeting as specified of section 2(lJ that all formal action be taken public and the provision 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 In the latter case. the discussions fall outside specified individual. section 2(g), and must be conducted in public.

SUMMARY Under the Open Meetings Act a school board of trustees may meet in closed to discuss salaries of individual employees, but it may not in closed session when it is considering of a class of employees. Very truly yours, Attorney General of Texas p. 2239 V~.. i’ _---- *3 * The Honorable M. L. Brockrltr p#r 3 (H-496)

APPROVED:

-L-L

DAVID M. KENDALL, First Assistant

C. ROBERT HEATH, Chairman

Opinion Committee

p.