Analysis of AG Opinion H-1047 (1977)
Regarding the Texas Open Meetings Act
by Donald Ray Burger
Attorney at Law

This AG Opinion sets forth some of the basic rules for open versus closed sessions involving the employment of public officers and employees of governmental bodies. The AG held that Section 2(g) of article 6252-17 (now at Section 551.074 of the Government Code) permits governmental bodies to select public officers or employees in closed sessions unless the person under consider demands an open session. Of course, the meeting must be properly noticed and the closed session must first be announced in the open meeting. The formal decision must be made at the open portion of the meeting. The AG also noted that there is no requirement that such meetings be at closed sessions, and that sometimes a municipal charter provision may prohibit closed sessions. Also, the employee or potential employee has the right to compel an open session.

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