BE(LEGAL) - BOARD MEETINGS

Definitions

Meeting

  1. That is conducted by the board or for which the board is responsible;
  2. At which a quorum of members of the board is present;
  3. That has been called by the board; and
  4. At which board members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the ESC, about the public business or public policy over which the board has supervision or control.

Gov't Code 551.001(4)

Deliberation

Recording

Videoconference Call

Social Function or Convention

Legislative Committee or Agency Meeting

Executive Director Participation

Open to Public

Recording

Minutes

Availability

Notice Required

Notice to Secretary of State, County Clerk, Website

Gov't Code 551.053(a), 054(a)

Continued Meeting

Inquiry During Meeting

Time of Notice and Accessibility

Gov't Code 551.043(b)

Internet Posting

Gov't Code 551.056

Specificity of Agenda / Notice

Emergency Meeting or Emergency Addition to Agenda

  1. A matter directly related to responding to the emergency or urgent public necessity identified in the notice or supplemental notice of the meeting; or
  2. An agenda item listed on a notice of the meeting before the supplemental notice was posted.
  1. An imminent threat to public health and safety, including a threat described in item 2, below, if imminent; or
  2. A reasonably unforeseeable situation; including:
    1. Fire, flood, earthquake, hurricane, tornado, or wind, rain, or snowstorm;
    2. Power failure, transportation failure, or interruption of communication facilities;
    3. Epidemic; or
    4. Riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence.

Gov't Code 551.045

Catastrophe

  1. Fire, flood, earthquake, hurricane, tornado, or wind, rain, or snowstorm;
  2. Power failure, transportation failure, or interruption of communication facilities;
  3. Epidemic; or
  4. Riot, civil disturbance, enemy attack, or other actual or threatened act of lawlessness or violence.

Gov't Code 551.0411(b), (c)

Special Notice to News Media

Quorum

Disaster

  1. The ESC's jurisdiction is wholly or partly located in the area of a disaster declared by the president of the United States or the governor; and
  2. A majority of the members of the board are unable to be present at a board meeting as a result of the disaster.

Gov't Code 418.1102

Secret Ballot

Meeting by Telephone Conference Call

Notice

Recording

Gov't Code 551.125

Meeting by Videoconference Call

  1. The board makes available to the public at least one suitable physical space located in the ESC's geographic jurisdiction that is equipped with videoconference equipment that provides an audio and video display, as well as a camera and microphone by which a member of the public can provide testimony or otherwise actively participate in the meeting;
  2. The board member presiding over the meeting is present at the physical space; and
  3. Any member of the public present at that physical space is provided the opportunity to participate in the meeting by means of a videoconference call in the same manner as a person who is physically present at a board meeting that is not conducted by videoconference call.

Gov't Code 551.001(7), .127

Notice

Quality of Audio and Video Signals

Recording

Remote Participation by the Public

Gov't Code 551.127; 1 TAC 209.10–.11

Internet Broadcast

Attorney Consultation

Exception

Gov't Code 551.129

Hearing-Impaired Persons

Gov't Code 558.001, .003

Prohibited Series of Communications

  1. Knowingly engages in at least one communication among a series of communications that each occur outside of a meeting authorized by the Open Meetings Act and that concern an issue within the jurisdiction of the board in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of members; and
  2. Knew at the time the member engaged in the communication that the series of communications:
    1. Involved or would involve a quorum; and
    2. Would constitute a deliberation once a quorum of members engaged in the series of communications.

Education Service Center, Region 2

BE(LEGAL)-ESCA

UPDATE 25

DATE ISSUED: 7/9/2020