From the Dallas Morning News, a story about the unique situation small local legislative bodies have when it come to meeting to conduct business. Since it is so easy for them to form quorums, there's always the possibility that they may be able to conduct official meetings outside public inspection, which puts them at odds with the Texas Open Meetings Act:
In Texas, as in other states, meetings of city councils, school boards and other public bodies are open to the public, unless specifically protected under the law. The Texas Open Meetings Act usually applies when the majority of the members of a governmental body discuss public business. It doesn't apply, for example, when such groups are together for social events or workshops.
...the definition of a meeting can be tricky. In 2002, members of the Texas State Board of Education got in a pickle for meeting at an Austin deli. They were indicted for discussing public business in private.
Technology has made the definition of a meeting even trickier. Board members who text-message one another during a meeting could be violating the open meetings law.
A recent case has added a new twist to meetings via electronic communication.
The case involves Alpine City Council members who, in 2004, discussed city business via private e-mail. A U.S. District Court judge found that the members violated the Texas Open Meetings Act. But a federal appeals court ruled in May that not allowing the council members to discuss city business via e-mail violated their free speech rights.
There's a chance now that the Texas Open Meetings Act may be found unconstitutional.
Relevant legislation:
- Texas Open Meetings Act.
- Government in the Sunshine Act.
- Federal Advisory Committee Act.
