I tend to view the provisions of the Texas Open Meetings Act through a fairly strict prism, meaning that exemptions granted should be interpreted strictly.
What do I mean? The act allows governments to close their meetings to the public when discussing pending litigation, real estate transactions or personnel matters. It’s the last of those provisions that has caught my attention.
The Princeton City Council plans to go into closed session soon to discuss who it wants to select as its Place 4 council member, replacing Keven Underwood, who resigned from the council after serving nearly three years; Underwood is battling some health issues … and I certainly wish him well as he continues that fight.
But is a city council member the same as, say, the police chief, the fire chief, the city manager or any other full-time paid staffer who draws a paycheck from City Hall? I submit that, no — he or she is not the same.
Which brings me to my point about the Open Meetings Law. Its exemptions are understandable and are more or less clearcut.
I long have interpreted the law to exempt discussions involving the disciplining of city employees, or their hiring and firing. I never have considered a member of the governing body to fall under the “personnel” provision used to talk about a pending appointment to that very governing body.
I am going to presume the Princeton City Council consulted with its legal counsel on this matter before deciding to go into executive session to talk about Underwood’s successor. And that the city attorney gave his blessing to the decision to keep it secret.
I also get that the council members are entitled to speak candidly about potential applicants and perhaps don’t want their true feelings about an individual to be known by everyone in town.
It’s just that the city council is not a “paid position” the way someone who answers to a municipal administrator is paid. The city councilman or woman is the “boss” at City Hall … and doesn’t belong in the same category of employee as the people who report to the council.
Thus, these laws designed to keep matters crystal clear at times get a bit murky.