BCB. Official Business at Regular and Special Meet
Official business of the Board can only be transacted at regular or special meetings of the Board.
Every meeting of the Board shall be open to the public. The Board may, however, exclude any witness or witnesses from a hearing during an examination or another witness in the matter being investigated, and may enter into closed or executive session, as provided by law.
Written notice of the date, hour, place, and subject (agenda) of each meeting of the Board shall be given and posted as prescribed by the Texas Open Meetings Act and applicable law as follows:
- Such written notice shall be posted at a place convenient to the public in its administrative office for at least 72 hours preceding the scheduled time of the meeting.
- In the case of an emergency or urgent public necessity, notice must be posted at least two hours before the meeting is convened and shall state the nature of the emergency or urgent public necessity.
- In addition, the board shall furnish notice to the Hockley County Clerk.
- In the case of an emergency meeting, notice shall be given to any news media when a request has been filed in accordance with law.
- All public notices dealing with the tax rate will be in compliance with the current guidelines listed in the Truth-In-Taxation guide furnished by the Texas Comptroller of Public Accounts.
- Agendas for all meetings shall be sufficiently specific to inform the public of the subjects to be discussed, setting out any special or unusual matters to be considered or any matter in which the public has a particular interest.
Additional subjects may be added to the agenda for any meeting by posting a supplemental notice that expresses the emergency or urgent public necessity requiring consideration of such additional subjects. The supplemental notice must be posted at least two hours before the meeting is convened and shall be given to any news media which have previously filed a request for such notice with the District administrative office and which have consented to pay all expenses incurred by the District in providing such notice.
All or any part of the proceedings in any public meeting may be recorded by any person in attendance by means of a tape recorder or other means of audio reproduction. Executive sessions will be recorded or minutes taken.
The Board may enter into executive session after the following requirements have been met:
- The Board has first been convened in open meeting for which notice has been given.
- The presiding officer has publicly announced in the open meeting that an executive session will be held.
- The presiding officer has identified the section or sections of the Open Meetings Law or other applicable statutes that authorize the holding of such closed or executive session.
Executive sessions are authorized for the following purposes:
- For a private consultation with the Board’s attorney with respect to pending or contemplated litigation, settlement offers, and matters where the attorney’s duty to the Board, pursuant to the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, clearly conflicts with the requirement for open meetings. Gov’t Code 551.071
- To deliberate the purchase, exchange, lease or value of real property and negotiated contracts for prospective gifts or donations if deliberation in an open meeting would have a detrimental effect on the Board’s position in negotiations with a third person. Gov’t Code 551.072, 51.073.
- To consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee unless such officer or employee requests a public hearing. Gov’t Code 551.074. This exception does not apply when the Board discuses an independent contractor who is not a College District employee, such as an engineering, architectural or consultant firm, or when the Board discusses a class or group of employees, not a particular employee.
- To deliberate in a case in which a complaint or charge is brought against a College District employee by another employee and the complaint or charge directly results in the need for a hearing. The Board may not conduct a closed meeting for this purpose if the employee against who the complaint or charge is brought makes a written request for an open hearing. Gov’t Code 511.082
No final action, decision, or vote shall be taken while the Board is in closed or executive session. The presiding officer shall so state prior to entering into executive session. The Board shall reconvene the open meeting after an executive session prior to adjourning the meeting. A certified agenda of the closed meeting shall be kept.
Date Issued: March 10, 2005
Revision Issued: November 15, 2012Approved: Board of Regents