Teleconference Call Meetings and Electronic Message Boards

Teleconference Call Meetings and Electronic Message Boards Charlotte Harper Deputy Chief Opinion Committee

Topics Telephone conference call meetings Electronic message boards Internet broadcasts of meetings

Telephone Conference Call Meetings Found in Government Code, Subchapter F, sections 551.121 – 551.126 and 551.130 – 551.131

Telephone Conference Call Meetings – Applicable to all Governmental Bodies A governmental body may hold an open or closed meeting by telephone conference call if: An emergency or public necessity exists; and The convening at one location of a quorum of the governmental body is difficult or impossible; or The meeting is held by an advisory board Tex. Gov’t Code §551.125

Telephone Conference Call Meetings – General Requirements A telephone conference call meeting is still subject to the notice requirements of the Act. The notice must specify the location of the telephone conference call meeting as the location where the governmental body usually meets. The open parts of the meeting shall be audible to the public at the meeting location, which shall provide two-way communication during the entire meeting. The open parts of the meeting shall be recorded and the recording must be available to the public. The identity of each party to the call must be clearly stated prior to them speaking. Tex. Gov’t Code §551.125

Telephone Conference Call Meetings – Institutions of Higher Education Applicable to the governing board of an institution of higher education, the Board for Lease of University Lands, and the Higher Education Coordinating Board The meeting must be a special called meeting and immediate action is required; and The convening at one location of a quorum is difficult or impossible Tex. Gov’t Code § 551.121

Telephone Conference Call Meetings – Institutions of Higher Education (continued) The open portions of the meeting must: Be audible to the public at the meeting location Be broadcast over the Internet in the manner prescribed by section 551.128 Be recorded and the recording made available to the public in an online archive on the governmental body’s website Tex. Gov’t Code §551.121

Telephone Conference Call Meetings – Section 551.121 Meeting Locations Governing board of an institution of higher education – board’s conference room at the university system office Board for Lease of University Lands – a suitable conference or meeting room at The University of Texas System office Texas Higher Education Coordinating Board – a suitable conference or meeting room at the offices of the Texas Higher Education Coordinating Board or at an institution of higher education Tex. Gov’t Code §551.121(e)

Telephone Conference Call Meetings – Higher Education Coordinating Board “The board may hold an open meeting by telephone conference call or video conference call in order to consider a higher education impact statement if the preparation of a higher education impact statement by the board is to be provided under the rules of either the House of Representatives or the Senate.” Tex. Gov’t Code §551.126(b)

Telephone Conference Call Meetings – Junior College Districts A quorum of the governing board must be physically present at the location where meetings of the board are usually held. The meeting is subject to the Act’s notice requirements. The open parts of the meeting must be audible to the public, and there must be two-way communication during the entire meeting. The open portions must be recorded, and the recording must be made available to the public. The identity of each party shall be clearly stated before the party speaks. Tex. Gov’t Code §551.122

Telephone Conference Call Meetings – Junior College District Absences “A member of a governing board of a junior college district who participates in a board meeting by telephone conference call but is not physically present at the location of the meeting is considered to be absent from the meeting for purposes of Section 130.0845, Education Code.” Tex. Gov’t Code §551.122(g) Section 130.0845 provides that it is grounds for “removal of a member of the board of trustees of a junior college district that the member is absent from more than half of the regularly scheduled board meetings.” Tex. Educ. Code § 130.0845

Telephone Conference Call Meetings – Board of Criminal Justice “The portion of the telephone conference call meeting that is open shall be recorded. The recording shall be made available to be heard by the public at one or more places designated by the board.” Tex. Gov’t Code §551.123(b)

Telephone Conference Call Meetings – Board of Pardons and Paroles “At the call of the presiding officer of the Board of Pardons and Paroles, the board may hold a hearing on clemency matters by telephone conference call.” Tex. Gov’t Code §551.124

Telephone Conference Call Meetings – Teacher Retirement System A quorum of the board or board committee must be physically present at one location of the meeting. The usual notice requirements apply and the notice must specify the location of the meeting where the quorum will be present and an “intent to have a quorum present at that location.” The open portions must be audible to the public at the meeting location, the meeting must be recorded, and the recording made available to the public. There must be two-way communication during the entire telephone conference call meeting and the identity of each party to the call must be clearly stated before the party speaks. Tex. Gov’t Code §551.130

Telephone Conference Call Meetings – Teacher Retirement System (continued) A member of the board who participates in a board or board committee meeting by telephone and who is not physically present “is not considered to be absent from the meeting for any purpose” and their vote is counted. A member may participate remotely “for not more than one board meeting per calendar year.” For purposes of the limit of one board meeting per calendar year, “remote participation by telephone conference call in a meeting of a board committee does not count as remote participation . . . even if: (1) a quorum of the full board attends the board committee meeting; or (2) notice of the board committee meeting is also posted as notice of a board meeting.” Tex. Gov’t Code §551.130

Telephone Conference Call Meetings – Large Water Districts Applies to only a water district whose territory includes land in three or more counties A meeting by telephone conference call may be held only if: The meeting is a special called meeting and immediate action is required The convening at one location of a quorum of the governing body is difficult or impossible Meeting must also comply with provisions of section 551.125 Tex. Gov’t Code §551.131

Telephone Conference Call Meetings – Consultation with Attorney Any governmental body may consult with its attorney by telephone conference call in an open or closed meeting. Each part of the consultation in an open meeting must be audible to the public at the location specified in the notice as the location of the meeting. Tex. Gov’t Code §551.129

Telephone Conference Call Meetings – Attorney May Not be Employee Section 551.129 does not apply to a consultation with an attorney who is an employee of the governmental body. An “attorney who receives compensation for legal services performed, from which employment taxes are deducted by the governmental body, is an employee of the governmental body.” The limitation on an attorney employee does not apply to the governing board of an institution of higher education or the Texas Higher Education Coordinating Board. Tex. Gov’t Code §551.129

Telephone Conference Call Meetings – Provisions Outside the Act Joint chairs of the Legislative Budget Board Texas Grain Producer Indemnity Board Texas Finance Commission Correctional Managed Health Care Committee

Electronic Communications – Not a Meeting “A communication or exchange of information between members of a governmental body about public business or public policy over which the governmental body has supervision or control does not constitute a meeting or deliberation for purposes of this chapter if . . . .” Tex. Gov’t Code §551.006(a)

Electronic Communications ‒ Requirements An electronic communication must be in writing. The writing must be posted to online message board or similar Internet application that is viewable and searchable by the public. The communication must be displayed in real time for no less than 30-days after posting.

Electronic Communications ‒ Limitations Most importantly, a governmental body may not vote or take any final action. Only one online message board or similar Internet application is to be used for this purpose. The message board or Internet application owned and controlled by the governmental body must be prominently displayed on the governmental body’s website. The message board or Internet application cannot be more than one click away from governmental body’s website. The message board or Internet application may be used only by members of the governmental body and their authorized staff.

Electronic Communications – Additional Limitations Staff person posting on message board or Internet application must include their name and title. A governmental body that removes a posting after thirty days must maintain the posting for six years. Information is Information Act. public information under the Public

Electronic Communications – Example http://austincouncilforum.org/

Internet Broadcasting of Meetings – Required Audio and Video Recording Requirement applies to: Transit authority or department subject to Transportation Code chapters 451, 452, 453, or 460 Elected school district board of trustees for a school district with a student enrollment of 10,000 or more Elected governing body of a home-rule municipality that has a population of 50,000 or more County commissioners court for a county that has a population of 125,000 or more Tex. Gov’t Code § 551.128

Internet Broadcasting of Meetings – Required Audio and Video Recording (continued) These entities must: Make a video and audio recording of each regularly scheduled open meeting that is not a work session or a special called meeting Make archived copy of recordings available on the Internet The board of a school district with student enrollment of 10,000 or more must also make audio and video recordings of an open meeting that is a work session or a special called meeting if at the work session or special called meeting, the board votes on any matter or allows public comment or testimony. Tex. Gov’t Code 551.128

Internet Broadcasting of Meetings – Internet Site These entities: May make recording available on an existing Internet website, including a publicly accessible video-sharing or social networking site Not required to establish a separate Internet site and provide access to the recordings from that site Must make the recording available not later than seven days after the recording is made and maintain the recording on the Internet site for two years Notice of the meeting that is subject of the recording shall be posted on the Internet site Tex. Gov’t Code § 551.128

Internet Broadcasting of Meetings – Required to Broadcast Sections 551.1281 and 551.1282 require certain entities to broadcast their open meetings over the Internet Academic teaching institution or university system Tex. Gov’t Code § 551.1281 Junior college district Tex. Gov’t Code § 551.1282

Internet Broadcasting of Meetings – Posting of Written Meeting Materials A general academic teaching institution, university system, and junior college district must also post on its Internet website any written agenda and related supplemental written materials provided to the board members in advance of the meeting for use during the meeting. Tex. Gov’t Code § 551.1281(b)(1) Posting not required of materials that are confidential or not subject to disclosure under the Public Information Act. Tex. Gov’t Code § 551.1282(c)

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