The Texas Open Meetings Act (Texas Local Gov’t Code section 551.001 et seq.) requires that meetings of government bodies be open unless a certain exception in the act applies. These exceptions include consultation with its attorney about “pending or contemplated litigation” [Texas Local Gov’t Code section 551.071(1)(A)], discussions about purchasing property if it may adversely affect bargaining position [Texas Local Gov’t Code section 551.073], and certain personnel matters [Texas Local Gov’t Code section 551.074].
Notice of the reason for going into closed session must be given at least 72 hours in advance of the meeting [Texas Local Gov’t Code sections 551.041 and 551.043]. The Texas Supreme Court has said that the Open Meetings Act requires more than bare listings of “personnel” or “litigation” on the notice posted. Rather, the court requires that the notice “should specifically disclose the subjects to be considered at the upcoming meeting.” [Cox Enterprises, Inc. v. Board of Trustees, 706 S.W.2d 956, 959 (Texas 1986)]. Examples the court gave were as follows:
- Selection of a new school superintendent is not in the same category as ordinary personnel matters — and a label like “personnel” fails as a description of that subject.
- Similarly, a major desegregation lawsuit which has occupied the Board’s time for a number of years, and whose effect will be felt for years to come, is not in the same category as the more common “litigation” which a school board may expect to face. Certainly, a school board is not expected to disclose its litigation strategy, but it cannot totally conceal that a pending desegregation lawsuit will be discussed. [706 S.W.2d at 959]
Beyond that, however, the Texas Supreme Court and the Attorney General have not given much guidance about how much information a government body must disclose.
If a government body announces on its agenda that it plans to go into closed session, but gives no more detail than “personnel matters” or “litigation,” citizens and journalists should push to ask for more information about the reason for going into closed session. Further, they can steer reluctant government employees to the Attorney General’s Open Meetings Act Handbook (2010 edition now available at http://www.oag.state.tx.us/AG_Publications/pdfs/openmeeting_hb.pdf; information relevant to this question is on pages 22-25), which also calls for more detailed information in meeting notices.
If the government body still refuses to provide more detail for its closed sessions, citizens and journalists should seek the assistance of an attorney to consider legal remedies. A court may declare actions taken with improper notice void [Texas Local Gov’t Code section 551.141], or it may be able to issue an injunction to “reverse a violation or threatened violation” of the Open Meetings Act [Texas Local Gov’t Code section 551.142].