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Opinion targets vague agenda items

State attorney general calls for cities to get specific on meetings

11:56 PM CDT on Wednesday, October 8, 2008

By Lowell Brown and Peggy Heinkel-Wolfe / Staff Writers

City councils across Texas may have to produce more detailed meeting agendas in light of an attorney general’s opinion released Tuesday.

Attorney General Greg Abbott found that the Corpus Christi City Council’s practice of including generic agenda items such as “city manager’s report” violated the Texas Open Meetings Act, which requires government bodies to post the subjects of their meetings. Many Denton-area cities follow the same practice as Corpus Christi, sometimes allowing council members to casually discuss topics that aren’t specifically posted.

In a signed opinion, the state attorney general said agenda items such as “city manager’s report,” “mayor’s update” and “council and other reports” aren’t detailed enough to comply with the open meetings law.

“The general and generic nature of the notice does not sufficiently notify a reader, as a member of the interested public, of the subjects of the update and reports to be discussed,” Abbott said in the opinion.

Agendas must include the subjects of items for discussion, even if the government body doesn’t debate or take action on them, Abbott said. If someone asks a question about a topic not listed on an agenda, officials can respond only by reciting existing policy or stating “specific factual information,” according to the law.

In Denton, City Attorney Anita Burgess said officials would comply with the attorney general’s opinion. The council’s agenda routinely includes a “city manager’s report,” although City Manager George Campbell rarely uses the time to provide updates.

“We will not be posting that particular item in the future” without more detail about the subject, Burgess said. “Our intent is to fully comply with both the letter and the spirit of the law.”

In Lake Dallas, City Manager Earl Berner said he had not had a chance to review the opinion but recognized that the new restrictions could affect how the city’s agenda reads.

Lake Dallas routinely places a “city manager’s report” on its agenda. When giving his city manager’s report, Berner shares the status of construction projects or reminds people of upcoming special events. But if one of those projects requires some discussion by the council, he typically puts it on the business agenda, he said.

In light of the new opinion, he said he could imagine even a status report becoming problematic.

“We could have a problem if we reported on the status and later that led to discussion and a decision down the road,” Berner said.

Lance Vanzant, who serves as the municipal attorney for Celina, Hickory Creek and Krum, said that at meetings he listens to discussions with an ear toward what it would sound like on tape and advises city leaders accordingly.

“I try to think about someone listening to it on a tape and whether I could make a reasonable argument that it relates back to the agenda,” Vanzant said.

So, when a mayor, city manager or other official has an announcement or item to report, he’s allowed to do it, but with little latitude.

“We never did allow a discussion,” Vanzant said, adding that the new ruling could restrict meetings. “Either agendas are going to get longer and a lot more detailed, or the meetings are going to get a lot shorter.”

Vanzant said he didn’t think the new requirement would be too hard to follow, with a little discipline.

“It will require people to get in to [see] the city secretary with plenty of warning, to make sure the things they want to talk about are on the agenda,” Vanzant said.

State Sen. Jeff Wentworth, R-San Antonio, chairman of the Senate Jurisprudence Committee, asked the attorney general for an opinion on the matter in April. Under state law, only certain officials can request formal opinions from the attorney general.

The attorney general issues opinions to interpret or clarify state law. Governments use those opinions as guidelines unless a court or the Legislature overturns them.

LOWELL BROWN can be reached at 940-566-6882. His e-mail address is lmbrown@dentonrc.com.

PEGGY HEINKEL-WOLFE can be reached at 940-566-6881. Her e-mail address is pheinkel-wolfe@dentonrc.com.

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