Trustee Jennifer Keys Open Meetings Act Violation

TEXAS ASSOCIATION OF SCHOOL BOARDS (TASB)

Question: May a board member participate as a member of the public to address the board during public comment, such as standing with the audience, rather than participate as a member of the board?

Answer: No. During a board meeting of the school district for which a board member was elected and serves, the board member cannot shed the role of elected official to take on another role, such as community member, volunteer, employee of another entity, parent, or private citizen- even though, outside of the meeting, a board member is often juggling several of those roles. All members of the board who are present count towards the quorum required to call a board meeting, and their comments at a board meeting will be reasonably construed as meeting the definition of a deliberation under the Open Meeting Act. See Texas Government Code §551.001 (defining meeting and deliberation). Therefore, whether a board member is sitting with the rest of the board, standing with the audience in the board room, or announcing aloud that the member is no longer present as an official or in an official capacity, the member remains an official member of the board as duly elected at all times during a board meeting.

Furthermore, a board members statement during a meeting on any item that is not on the meeting agenda may violate the Open Meetings Act. See Hays County Water Planning P’ship v. Hays County, Texas, 41 S.W.3d 174 (Tex. App.-Austin 2001, pet. denied) (finding that a meeting notice stating “Presentation by [County] Commissioner” did not provide adequate notice of the presentation because a commissioner presented to the rest of the board and included the commissioner’s views on development and substantive policy issues of importance to the county).