Notice and Agenda Preparation Ashley Franklin Assistant Attorney

Notice and Agenda Preparation Ashley Franklin Assistant Attorney General Opinion Committee *All images used in this presentation are unnamed works by unknown authors licensed under a Creative Commons license.

The Happy Agenda This Photo by Unknown Author is licensed under CC BY-SA

Agenda Preparation 4 The Open Meetings Act does not govern the details of agenda preparation. 4 With one big exception: • preparation of agenda may not involve: § § • deliberations among a quorum of members; or between a quorum and another person unless conducted in compliance with the act.

Happy agenda preparation? Let’s talk at our next meeting ‘bout sponsoring the rattlesnake roundup contest? This Photo by Unknown Author is licensed under CC BY-SA Heck yeah! Yippee!

Sad Face This Photo by Unknown Author is licensed under CC BY-SA

Reply with CC? This Photo by Unknown Author is licensed under CC BY-NC-ND This Photo by Unknown Author is licensed under CC BY-SA

Super Sad Face This Photo by Unknown Author is licensed under CC BY-SA

Best Practice Ø Include on the agenda a time for discussing future agenda items for upcoming meetings. This Photo by Unknown Author is licensed under CC BY-SA

Non-member Distributes Agenda BCC This Photo by Unknown Author is licensed under CC BY-SA-NC

Ingredients for a Happy Notice • • This Photo by Unknown Author is licensed under CC BY-SA Date Hour Place Subject

Timing is Everything

So when am I supposed to be there? This Photo by Unknown Author is licensed under CC BY-SA-NC

When is the subject 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.

Is the subject sufficiently descriptive? Agenda 4 4 4 4 4 1. 2. 3. 4. 5. 6. 7. 8. 9. Call to order Announcements Mayor’s Remarks Personnel Issues Discussion of Real Estate Contract Executive Session Public Comment Future Agenda Items Adjournment

It depends! This Photo by Unknown Author is licensed under CC BY-NC Slide 15

Announcements 4 Staff or member of a governing body of a municipality or county can make an announcement about items of community interest without giving notice of the subject of the report if no action is taken, including • • • congratulations or condolences, reminders of upcoming events, and honorary recognitions. 4 But other reports or updates by staff or members must be noticed in a manner that informs reader of the subjects to be addressed.

Is the subject sufficiently descriptive? Agenda 4 4 4 4 4 1. 2. 3. 4. 5. 6. 7. 8. 9. Call to order Announcements Mayor’s Remarks Personnel Issues Discussion of Real Estate Contract Executive Session Public Comment Future Agenda Items Adjournment Slide 17

Be specific about subject of remarks! This Photo by Unknown Author is licensed under CC BY-SA-NC

Is the subject sufficiently descriptive? Agenda 4 4 4 4 4 1. 2. 3. 4. 5. 6. 7. 8. 9. Call to order Announcements Mayor’s Remarks Personnel Issues Discussion of Real Estate Contract Executive Session Public Comment Future Agenda Items Adjournment Slide 19

It depends! This Photo by Unknown Author is licensed under CC BY-SA Slide 20

General Terms 4 General terms such as “old business” or “new business” are inadequate to inform the public about the subject to be considered. 4 Other general terms such as “personnel” are inadequate if the particular matter is likely to be of interest to the public. 4 The required specificity of the notice is directly proportional to the level of public interest in the topic to be discussed.

Is the subject sufficiently descriptive? Agenda 4 4 4 4 4 1. 2. 3. 4. 5. 6. 7. 8. 9. Call to order Announcements Mayor’s Remarks Personnel Issues Discussion of Real Estate Contract Executive Session Public Comment Future Agenda Items Adjournment Slide 22

Can you be more specific? This Photo by Unknown Author is licensed under CC BY-NC-ND

Is the subject sufficiently descriptive? Agenda 4 4 4 4 4 1. 2. 3. 4. 5. 6. 7. 8. 9. Call to order Announcements Mayor’s Remarks Personnel Issues Discussion of Real Estate Contract Executive Session Public Comment Future Agenda Items Adjournment

You forgot the subject! This Photo by Unknown Author is licensed under CC BY-NC-ND

Executive Session 4 Generally, you do not have to indicate on the agenda whether a governmental entity will discuss a subject in an open or closed session. 4 However, governmental entity must always provide public advance notice of the subjects it will consider—regardless of whether subject will be considered in open or closed session.

What about public comment? Agenda 4 4 4 4 4 1. 2. 3. 4. 5. 6. 7. 8. 9. Call to order Announcements Mayor’s Remarks Personnel Issues Discussion of Real Estate Contract Executive Session Public Comment Future Agenda Items Adjournment

There’s a new law! This Photo by Unknown Author is licensed under CC BY-NC

New Laws Concerning Public Testimony 4 New section 551. 007 requires a governmental body to: • allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting • before or during the body’s consideration of the item.

Proofread! Call for help! Errant Agenda Postpones Council Meeting! This Photo by Unknown Author is licensed under CC BY-SA-NC

Open Government Hotline Toll Free 1 (877) OPEN TEX 1 (877) 673 -6839 Website www. texasattorneygeneral. gov