Agenda Preparation William “Bill” Hill - PowerPoint Presentation

Slide1

Agenda Preparation

William “Bill” Hill

Assistant Attorney General

Opinion Committee

Slide2

Notice

“A governmental body shall give written notice of the date, hour, place, and

subject

of each meeting held by the governmental body.”

Texas Government Code§551.041

Slide3

The Agenda is the Subject

Slide4

Deliberations (verbal exchange)

Quorum

Discussion, consideration, or formal action taken

Concerning public business or policy of the governmental body

Main Elements of a TOMA Meeting

Slide5

(5 member council)

C1: I think we should consider turning Lot 48 into a neighborhood park.

C2: Lot 48 is a gaping pit!

C3: No way I would support such a waste of taxpayer dollars.

C1: Never mind.

Meeting to Prepare Agenda

Slide6

Is This a Meeting?

Slide7

Does a Reply Make it a Meeting?

Slide8

Reply with CC?

Slide9

“Reply All”?

Slide10

Non-member Distributes Agenda

Slide11

Notice is adequate if it is sufficiently descriptive to alert a reader that a particular subject will be addressed.

Whether the description of an agenda item is sufficient often depends on the public’s level of interest in the matter.

If the subject is sufficiently identified, notice need not state all possible consequences and actions that may be taken at the meeting.

When is Notice Adequate?

Slide12

October 2, 2019

Re: Agenda Items, October 16, 2019 City Council meeting

Dear Chris,

Donna Meagle says the Council needs to find additional funds to finish filling in the pit on Lot 48. The City’s lawyer says he needs to talk in executive session about the new Jerry Girgich whistleblower lawsuit and update the Andy Dwyer personal injury settlement negotiations. Also, I know Mayor Stice will be giving a report, and we’ll need to start looking for your successor. I don’t know of anything else.

Sincerely,

Ethel Beavers,

Pawnee City Secretary and Council Executive Assistant

City Secretary

 

[

 

 

 

 

 

Ethel Beavers, Pawnee City Secretary

907 Grand Avenue

Pawnee, Tejas

 

 

 

 

Slide13

Chris Tager, City manager—notes to self

Per board lawyer: The filing of the new Jerry Girgich whistleblower lawsuit in executive session, and give updates on ongoing litigation and settlement negotiations

Mayor’s announcements

My report

Consolidation of Animal Control and P&R Departments

City Manager—Agenda Items

Slide14

Notes from meeting with presiding member Douglas Howser:

Congrats

Approve construction contract for repaving Grand Avenue

Renewal of employment contracts

Renewal of Ron Swanson, Chief, P&R Dept.?

Complaints about Animal Control Department

Council Member Howser—Agenda Items

Slide15

Outlook

__________________________________________________

From:

Fielding Milton, District 2

Sent:

Thursday, October 10, 2019 9:27 A.M.

To:

Chris Tager, Pawnee City Manager

Subject:

October 16, meeting agenda items

Hi Chris,

Agenda items per the contracts clerk:

Contract with Tech Network (computer support)Approve construction contract to expand swimming facilitySolicit bids for park design architectInterlocal agreement with City of Eagleton

Thanks!Council Member Milton

–Agenda Items

Slide16

Notes from meeting with Council Member Knope:

Approve construction contract for repaving Grand Avenue

Solicit bids for Pawnee Commons park design contract

Interlocal agreement with City of Eagleton

Extend pool hours for swim team practice

Adoption of soda tax

Council Member Knope

–

Agenda Items

Slide17

Council Member Jamm

–

agenda item

Slide18

Notes, phone call from Bill Dexthart

Executive session—ground rules for search for new city manager

Girgich whistleblower litigation

Condemn easement for sidewalk, Lot 48

Council Member Dexthart

–A

genda Items

Slide19

Possible Categories

Announcements

Fiscal matters

Personnel

Litigation

Contracts

Property or Condemnation

Reports and Presentations

Slide20

General terms such as “old business,” “new business,” “superintendent’s report,” are inadequate to inform the public about the subject to be considered.

Other general terms such as “personnel” or “litigation” are inadequate if the particular matter is likely to be of interest to the public.

General Terms

Slide21

Prepare by editing an old agenda?

Slide22

Public Announcement

Section 551.0415 of the Government Code gives the governing body of municipalities and counties authority to receive reports of certain matters of public interest such as congratulations, recognition, and reminders of upcoming events without providing specific notice.

Slide23

Reports

Slide24

Business Items

Slide25

City Manager

Department Director

Deputy Department Director

Employees

Personnel Matters to be Considered

Slide26

“Personnel: Discussion and possible action concerning appointment, employment, evaluation, reassignment, duties, discipline, and dismissal of employees”

Sufficient for Multiple Personnel Agenda Items?

Slide27

The description is not sufficient for positions of general interest and importance to the general public, such as councilmember or city manager.

It may be sufficient for appointment of department director.

Depending on the facts, it is likely sufficient for appointment of deputy department director or discipline of Animal Control employees.

Specificity of Personnel Agenda Item

–

It Depends

Slide28

Whistleblower litigation will likely require specific mention, even if it is only discussed in executive session.

Routine litigation may not require specific description, but it is advisable to identify any matter requiring formal board action.

Litigation

Slide29

Routine matters may be included in a consent agenda, but the items should still be described and included in the meeting agenda.

Contracts

Slide30

The description should be sufficient to alert the public to possible action that may be taken and where, but it does not require a legal description or identification of persons affected.

E.g., “Consideration of condemnation of certain property for sidewalk easement along the East border of Lot 48, Sullivan Street, to become Pawnee Commons Park”

Real Property

-

Condemnation

Slide31

There is no legal requirement to give notice of matters that will be discussed in executive session, provided the topics are identified elsewhere on the agenda.

While not required by law, notice might inform the reader that the governing body may meet in executive session concerning any matter on the agenda as authorized by TOMA.

As a courtesy to the public, the agenda might identify the matters that will be considered only in executive session.

Executive Session

Slide32

Public Comment

“Public Comment” is generally sufficient notice of a segment of the meeting to allow the public to address the governmental body.

While not required by law, the agendas of some governmental bodies include their ground rules for speakers to observe during public comment.

May members of a governing body step down and participate in “public comment” to address matters not otherwise on the agenda?

Slide33

Final Draft (1)

Slide34

Final Draft (2)

Slide35

Final Draft (3)

Slide36

Pawnee City Council Agenda

Slide37

Pawnee City Council Meeting Agenda

Slide38

Toll Free

1 (877) OPEN TEX

1 (877) 673-6839

Website

www.texasattorneygeneral.gov

Open Government Hotline