Analysis of AG Opinion JM-1191 (1990)
Regarding the Texas Open Meetings Act
by Donald Ray Burger
Attorney at Law

This AG Opinion discusses whether an employee can compel a closed session under Section 2(g) of article 6252-17 (now at Section 551.074 of the Government Code). Under the former 2(g), closed sessions regarding employment were allowed "unless such officer or employee requests a public hearing." Section 551.074 has similar language in that it holds that the closed sessions do not apply "if the officer or employee who is subject of the deliberation or hearing requests a public hearing." The AG Opinion makes it clear that this right is a one-way street. The officer or employee can require an open session, but "has no right to insist upon a closed hearing."

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