Agenda Preparation William Bill Hill Assistant Attorney General

Agenda Preparation William “Bill” Hill Assistant Attorney General Opinion Committee

Notice 4 “A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body. ” 4 Texas Government Code§ 551. 041

The Agenda is the Subject

Main Elements of a TOMA Meeting 4 Deliberations (verbal exchange) 4 Quorum 4 Discussion, consideration, or formal action taken 4 Concerning public business or policy of the governmental body

Meeting to Prepare Agenda (5 member council) 4 C 1: I think we should consider turning Lot 48 into a neighborhood park. 4 C 2: Lot 48 is a gaping pit! 4 C 3: No way I would support such a waste of taxpayer dollars. 4 C 1: Never mind.

Is This a Meeting?

Does a Reply Make it a Meeting?

Reply with CC?

“Reply All”?

Non-member Distributes Agenda

When is Notice Adequate? 4 Notice is adequate if it is sufficiently descriptive to alert a reader that a particular subject will be addressed. 4 Whether the description of an agenda item is sufficient often depends on the public’s level of interest in the matter. 4 If the subject is sufficiently identified, notice need not state all possible consequences and actions that may be taken at the meeting.

City Secretary Ethel Beavers, Pawnee City Secretary [ 907 Grand Avenue Pawnee, Tejas October 2, 2019 Re: Agenda Items, October 16, 2019 City Council meeting Dear Chris, Donna Meagle says the Council needs to find additional funds to finish filling in the pit on Lot 48. The City’s lawyer says he needs to talk in executive session about the new Jerry Girgich whistleblower lawsuit and update the Andy Dwyer personal injury settlement negotiations. Also, I know Mayor Stice will be giving a report, and we’ll need to start looking for your successor. I don’t know of anything else. Sincerely, Ethel Beavers, Pawnee City Secretary and Council Executive Assistant

City Manager—Agenda Items Chris Tager, City manager—notes to self 4 Per board lawyer: The filing of the new Jerry Girgich whistleblower lawsuit in executive session, and give updates on ongoing litigation and settlement negotiations 4 Mayor’s announcements 4 My report 4 Consolidation of Animal Control and P&R Departments

Council Member Howser—Agenda Items Notes from meeting with presiding member Douglas Howser: 4 Congrats 4 Approve construction contract for repaving Grand Avenue 4 Renewal of employment contracts 4 Renewal of Ron Swanson, Chief, P&R Dept. ? 4 Complaints about Animal Control Department

Council Member Milton–Agenda Items Outlook _________________________ From: Sent: To: Subject: Fielding Milton, District 2 Thursday, October 10, 2019 9: 27 A. M. Chris Tager, Pawnee City Manager October 16, meeting agenda items Hi Chris, Agenda items per the contracts clerk: 4 4 Contract with Tech Network (computer support) Approve construction contract to expand swimming facility Solicit bids for park design architect Interlocal agreement with City of Eagleton Thanks!

Council Member Knope–Agenda Items Notes from meeting with Council Member Knope: 4 Approve construction contract for repaving Grand Avenue 4 Solicit bids for Pawnee Commons park design contract 4 Interlocal agreement with City of Eagleton 4 Extend pool hours for swim team practice 4 Adoption of soda tax

Council Member Jamm–agenda item

Council Member Dexthart–Agenda Items Notes, phone call from Bill Dexthart 4 Executive session—ground rules for search for new city manager 4 Girgich whistleblower litigation 4 Condemn easement for sidewalk, Lot 48

Possible Categories 4 Announcements 4 Fiscal matters 4 Personnel 4 Litigation 4 Contracts 4 Property or Condemnation 4 Reports and Presentations

General Terms 4 General terms such as “old business, ” “new business, ” “superintendent’s report, ” are inadequate to inform the public about the subject to be considered. 4 Other general terms such as “personnel” or “litigation” are inadequate if the particular matter is likely to be of interest to the public.

Prepare by editing an old agenda?

Public Announcement 4 Section 551. 0415 of the Government Code gives the governing body of municipalities and counties authority to receive reports of certain matters of public interest such as congratulations, recognition, and reminders of upcoming events without providing specific notice.

Reports

Business Items

Personnel Matters to be Considered 4 City Manager 4 Department Director 4 Deputy Department Director 4 Employees

Sufficient for Multiple Personnel Agenda Items? 4 “Personnel: Discussion and possible action concerning appointment, employment, evaluation, reassignment, duties, discipline, and dismissal of employees”

Specificity of Personnel Agenda Item–It Depends 4 The description is not sufficient for positions of general interest and importance to the general public, such as councilmember or city manager. 4 It may be sufficient for appointment of department director. 4 Depending on the facts, it is likely sufficient for appointment of deputy department director or discipline of Animal Control employees.

Litigation 4 Whistleblower litigation will likely require specific mention, even if it is only discussed in executive session. 4 Routine litigation may not require specific description, but it is advisable to identify any matter requiring formal board action.

Contracts 4 Routine matters may be included in a consent agenda, but the items should still be described and included in the meeting agenda.

Real Property-Condemnation 4 The description should be sufficient to alert the public to possible action that may be taken and where, but it does not require a legal description or identification of persons affected. 4 E. g. , “Consideration of condemnation of certain property for sidewalk easement along the East border of Lot 48, Sullivan Street, to become Pawnee Commons Park”

Executive Session 4 There is no legal requirement to give notice of matters that will be discussed in executive session, provided the topics are identified elsewhere on the agenda. 4 While not required by law, notice might inform the reader that the governing body may meet in executive session concerning any matter on the agenda as authorized by TOMA. 4 As a courtesy to the public, the agenda might identify the matters that will be considered only in executive session.

Public Comment 4 “Public Comment” is generally sufficient notice of a segment of the meeting to allow the public to address the governmental body. 4 While not required by law, the agendas of some governmental bodies include their ground rules for speakers to observe during public comment. 4 May members of a governing body step down and participate in “public comment” to address matters not otherwise on the agenda?

Final Draft (1)

Final Draft (2)

Final Draft (3)

Pawnee City Council Agenda

Pawnee City Council Meeting Agenda

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