Texas Attorney General Opinion: GA-0511 Page: 3 of 8
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The Honorable Kurt Sistrunk - Page 3
(2) to hear a complaint or charge against an officer or
employee.
(b) Subsection (a) does not apply if the officer or employee
who is the subject of the deliberation or hearing requests a public
hearing.
Id. 551.074.
A. Sufficiency of notice
The notice posted for the school board meeting included the following:
Section 551.074 - For purposes of considering the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal
of a public officer or employee or to hear complaints or charges
against a public officer or employee
(a.) Contract extensions of Administrative Staff - Assistant
Superintendents, Directors, Principals and Assistant Principals
(b.) Deliberation regarding evaluation of the Superintendent
(c.) Consider approval of the Superintendent's contract
(d.) Discuss duties and responsibilities of the Superintendent and
Board members
Brief, supra note 1, at 1.
The notice of a meeting must include all subjects that a governmental body will discuss,
including those that may be discussed in a closed meeting. See Cox Enters., Inc. v. Bd. of Trs., 706
S.W.2d 956, 958 (Tex. 1986). It must inform the public of action taken at the meeting, and an action
is subject to judicial invalidation if the notice is inadequate. Point Isabel Indep. Sch. Dist. v.
Hinojosa, 797 S.W.2d 176, 180 (Tex. App.-Corpus Christi 1990, writ denied); see TEX. GOV'T
CODE ANN. 551.141 (Vernon 2004) (an action taken by a governmental body in violation of the
Open Meetings Act is voidable). The notice requirement is intended to benefit members of the
interested public, rather than individuals affected by a governmental body's decisions. See Rettberg
v. Tex. Dep 't of Health, 873 S.W.2d 408, 411 (Tex. App.-Austin 1994, no writ). Notice must be
sufficiently specific to inform the general public of the subjects to be considered during the meeting,
and more specificity is required when the subject slated for discussion is of special interest to the
public. See Cox Enters., Inc., 706 S.W.2d at 958; Rettberg, 873 S.W.2d at 411-12; Point Isabel
Indep. Sch. Dist., 797 S.W.2d at 180-8 1. While the notice must state the topic of discussion, it need
not state all of the possible consequences resulting from consideration of the topic. See Tex. Tpk.
Auth. v. City of Fort Worth, 554 S.W.2d 675, 676 (Tex. 1977).(GA-0511)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0511, text, January 31, 2007; (https://texashistory.unt.edu/ark:/67531/metapth275407/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.