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Can the school board start out in executive session?

Question: We have a school board who (at every regular meeting) meets at 6 p.m. in a called executive session. They come out of executive session at 7 p.m. and enter open session of their regular monthly meeting. This is unlike any body I’ve ever covered. Generally, executive sessions come at the end of the regular meeting and are only entered if needed. Many times they are deemed not needed. This board, on the other hand, religiously has executive session before the called meeting. Is this kosher?

Answer: The Open Meetings Act requires meetings to start in open session. The law could not be more clear about this. See below.

Sec. 551.101.  REQUIREMENT TO FIRST CONVENE IN OPEN MEETING.

If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly:

(1)  announces that a closed meeting will be held; and

(2)  identifies the section or sections of this chapter under which the closed meeting is held.

By Chip Stewart

Dr. Chip Stewart joined the Schieffer School from the University of Missouri, where he finished his Ph.D. while teaching and working at the Columbia Missourian.
Stewart is currently editor-in-chief of Dispute Resolution Magazine, a quarterly publication of the Dispute Resolution Section of the American Bar Association.
His journalism experience includes working as city editor of the Missourian. He is also a sports freelance writer and has worked as a sports public relations assistant at Southern Methodist University.
Stewart earned his law degree at the University of Texas and is licensed to practice both by the Texas bar and the Missouri bar. He worked as an attorney in Killeen in the late 1990s, practicing criminal, bankruptcy and family law. He also clerked in the Travis County Attorney's office.