Texas Attorney General Opinion: MW-129 Page: 2 of 3
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Honorable Joe Resweber z Page Two
the details of the work. Industrial Indemnity Exchange v. Southard, 160 S.W.2d 90, G;
(Tex. 1942) Restatement (Second) of Agency SS 2, 220 (1957). An independent contractor
Is not an officer or employee. Attorney General Opinions H-1304 (1978); 0-307 (1964);
V-1527 (1952 V-345, V-303 (1947).
The Texas Open Meetings Act is required to be liberally construed to effect its
purpose which is to assure that the public has an opportunity to be informed concentiag
the transaction of public business. Toyah Ind. Sch. Dist. v. Pecos-Barstow Ind. Set;. Dist.,
466 S.W.2d 377 (Tex. Civ. App. -- San Antonio 1971, no writ). Accordingly, vc believe that
the Open Meetings Act does not permit a governmental body to meet In closed session.
discuss the employment of an independent contractor such as an engineering, ar ci;:cturt i
or consultant firm.
We note that our. conclusion is consistent with that of other states wrs is 6.
considered the question. illinois Attorney General Opinion No. S-1116 (196).(cmnadasi.
may not meet in executive session to discuss financial responsibility of building
contractors who submitted bids on a project); Oklahoma Attorney General Opinion N?.
75-702 (1975) (governmental body may not meet in executive session to discuss selcCtio.
of an architect or lawyer or to discuss retention, discipline or granting of privilege of
physician who was found to be an independent contractor).
SUMMARY
A governmental body may not meet In closed session to discuss the
employment of an independent contractor such as an engineering,
architectural or consultant firm.
Very truly yours,
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General.
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by C. Robert Heath
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairmanp. 414
(MW-129)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-129, text, January 25, 1980; (https://texashistory.unt.edu/ark:/67531/metapth271974/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.