Governmental Bodies and Public Meetings

Questions and Answers

What is the common-law rule regarding governmental body meetings?

Members can vote via email.

Public input is not required during meetings.

Decisions can be made individually by members.

Meetings must be held for decisions to be made by the body as a whole. (correct)

What is meant by the term 'executive session'?

A casual meeting for discussing upcoming events.

A public meeting for all stakeholders to attend.

A meeting or part of a meeting that is closed to the public. (correct)

A meeting specifically for financial audits.

What opportunity does the common-law rule give to members of a governmental body?

The freedom to discuss decisions outside of meetings.

The opportunity to state their views to other board members. (correct)

The chance to present their case individually.

The right to vote without attending the meetings.

How can the common-law rule about governmental body meetings be changed?

Only through legislative action. Signup and view all the answers

Which statement is incorrect regarding the board's authority in clemency matters?

Their decisions must always involve public input. Signup and view all the answers

What must a governmental body do to exercise its powers?

Conduct a properly called meeting. Signup and view all the answers

Which of the following best describes the purpose of meetings for governmental bodies?

To allow the body to make decisions as a whole. Signup and view all the answers

What happens if the Legislature changes the requirement for meetings?

The common-law requirements become irrelevant. Signup and view all the answers

What is the definition of a 'governmental body' according to the Government Code?

A board, commission, or agency directed by appointed or elected members. Signup and view all the answers

Which of the following is NOT classified as a governmental body?

A volunteer community service organization. Signup and view all the answers

Which type of board is defined as a governmental body?

A deliberative body with quasi-judicial power. Signup and view all the answers

What is the status of meetings held by a governmental body?

They are public unless specified otherwise. Signup and view all the answers

Which of the following is included in the definition of a governmental body?

A nonprofit corporation under the federal community services block grant program. Signup and view all the answers

The governing board of which entity is classified as a governmental body?

A local workforce development board. Signup and view all the answers

What is the implication of a defendant completing a training course under the Act?

It does not prove the defendant knowingly violated the Act. Signup and view all the answers

Which of the following does NOT qualify as a governmental body under subsection 551.001(3)?

A local business association. Signup and view all the answers

What is the minimum duration for the training course mandated for public officials?

1 hour Signup and view all the answers

Which subject is NOT specifically mentioned as a requirement in the training course?

Best practices for public communication Signup and view all the answers

Who is responsible for ensuring the availability of the training courses?

The attorney general Signup and view all the answers

What must the entity providing the training issue upon completion?

Certificate of completion Signup and view all the answers

In addition to a certificate, what must a governmental body maintain regarding the training?

A record of member completion Signup and view all the answers

What type of medium must at least one approved course be available on?

Widely available medium like videotape or DVD Signup and view all the answers

What is one of the subjects that the training must cover regarding meetings?

Consequences for not adhering to meeting protocols Signup and view all the answers

Which of the following is an acceptable source for the training courses?

Governmental bodies or other entities Signup and view all the answers

What must a governmental body provide written notice of according to the Act?

The date, hour, place, and subject of each meeting Signup and view all the answers

Which of the following is NOT required in the notice of a closed meeting?

Section or subsection numbers authorizing the meeting Signup and view all the answers

Is it necessary for a governmental body to indicate in the notice if a subject will be discussed in open or closed session?

No, but some governmental bodies choose to include this information Signup and view all the answers

What is the purpose of the written notice mandated by Section 551.041 of the Act?

To inform the public of the date, hour, place, and subject of meetings Signup and view all the answers

Certain entities outside of the Act may have specific provisions. Which of the following is mentioned in the content related to broadcasting requirements?

The Health and Human Services Commission Signup and view all the answers

Which type of organization is generally not considered a governmental body under the Act?

Nonprofit corporations established to carry out governmental business Signup and view all the answers

Which of the following entities is explicitly considered a governmental body under the Act?

A development corporation created under the Development Corporation Act Signup and view all the answers

What is required for a nonprofit corporation to be subject to the Act’s meeting requirements?

The nonprofit's bylaws must state compliance with the Act Signup and view all the answers

Which of the following statements is true regarding nonprofit corporations and their governmental body status?

Nonprofits that provide services to governments can be governmental bodies. Signup and view all the answers

What general principle applies to private entities and their classification as governmental bodies under the Act?

Private entities do not become governmental bodies solely based on public funding. Signup and view all the answers

Study Notes

Open Meetings Act and Governmental Bodies

Governmental bodies must make decisions as a whole at properly called meetings to ensure collective judgment is reflected.
The common-law rule predating the Act emphasizes the importance of meetings for exercising governmental powers.
Legislative changes can modify the requirement of collective meetings.

Executive Sessions

"Executive session" refers to a closed meeting that is not accessible to the public, as defined in TEX. GOV’T CODE § 551.101.
Closed meetings are distinct terminologies often used interchangeably with executive sessions.

Training Requirements

The Attorney General ensures training is available for public officials on Open Meetings Act compliance.
A minimum of one approved course must be offered at no cost via accessible mediums like video or DVD.
Training content includes:
- Legal requirements for open meetings
- Applicability of the Act to governmental bodies
- Procedures regarding quorums, notices, and recordkeeping
- Conducting open vs. closed meetings
- Penalties for non-compliance
Completion certificates are issued, and records are maintained for public access.

Definition of Governmental Bodies

Governmental body includes various entities, such as:
- Boards and commissions within state government
- County commissioners and municipal governing bodies
- School district boards and other educational entities
- Nonprofit corporations eligible for specific public funding under certain statutes.
Nonprofit corporations not established for governmental functions typically do not qualify as governmental bodies, unless specified.

Public and Private Entities

Nonprofits operating solely for business purposes typically are not subject to the Act unless stated otherwise in their governing documents.
Receiving public funds does not automatically render a private entity a governmental body.

Notice Requirements

Written notice of meetings must include the date, hour, place, and subjects for discussion, as mandated by the Act.
The Act requires advance notice for both open meetings and closed sessions, but does not require specifying session types in notices.
Judicial decisions or Attorney General opinions do not mandate indicating discussion types in meeting notices but some bodies may choose to do so.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the principles governing governmental bodies, particularly the requirement to hold meetings for decision-making. It delves into the common-law rule that mandates a collective meeting to ensure all members can voice their opinions and contribute to discussions. Test your understanding of these vital legislative processes.