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Home My WebLink AboutOpen Govt- Handout- Pt Arthur (Nov 30 2023)City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 1 A Guide to Open Meetings & Open Records OPEN GOVERNMENT ALAN BOJORQUEZ Municipal Attorney based in Austin, TX Manages statewide Municipal Law firm (since 2002) Texas Tech University: JD, MPA, BA Former Staff Lawyer, Texas Municipal League Past-President, Texas City Attorney Assn Board Member, International Municipal Lawyers Assn Honorary Member, International City Mgt Assn Honorary Member, Texas Muni Clerk Assn Ambassador Award, Texas Tech Univ School of Law Author, Tex Muni Law & Proc Manual (7th Ed.)City of Port Arthur November 30, 2023 1 2 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 2 AGENDA 1.Texas Open Meetings Act 2.Texas Public Information Act 6 POINTS TO REMEMBER 1.Assume all Data is “Public” & “Open” 2.Think Before You Create 3.“Private” Devices can have “Public” Info 4.Beware of Email (texts, social media) 5.Assume Gatherings are “Meetings” 6.Beware of Walking Quorums 3 4 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 3 WHY ARE YOU HERE? 1.It’s required by law for Newly-Electeds! 2.It’s a good idea! 3.You’ll enjoy learning this stuff! 4.It’s fundamental to Democracy at local level TGC §552.012 TGC §551.005 OPEN MEETINGS 5 6 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 4 WHAT IS A MEETING? 1.Deliberation (Verbal or Written) 2.Quorum 3.Governmental Body 4.About Public Business 5.Within Their Jurisdiction TGC §551.001 APPLICABILITY Texas Open Meetings Act Governmental Bodies (e.g.): City Council County Commissioners Court School Board Action Requires Quorum Requires Meeting Subcommittees Excluded (Usually) Social Gatherings & Regional Training Excluded Advisory Boards Excluded Staff Meetings Excluded TGC Ch. 551 7 8 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 5 BASICS To Conduct Meeting Must Have: Agenda (What You’re Going To Do) Quorum (Minimum Elected Body To Act) Minutes (What You Did) Public Access (Watch, Listen + Speak) Locational Requirements Beware of Action Without Meetings Beware of Email, Text & Social Media TGC Ch. 551 AGENDAS ■Notification: Who, Where, When, What? ■Specificity = Reasonable Person Standard ■Reports / Council Comments ■Notice of Executive Sessions ■Time & Accessibility: 72 hrs. ■Post at City Hall & on Website ■New Law HB 3440 TGC §§551.041 & 551.056 9 10 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 6 MINUTES ■Agendas with Answers ■Who, What, Where, When? ■Record Actions & Votes ■Recording &/or Paper ■Transcript Not Required TGC §551.021 CITIZEN PARTICIPATION Right to Speak at Open Meetings ■On Any Agenda Item ■Before or When Address an Item ■Reasonable Rules May Apply ■Decorum & Civility Can Be Required ■Must Facilitate Input ■Must Allow Criticism 12TGC §551.007 11 12 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 7 MEETING DYNAMICS ■Regular Meetings ■Special Meetings ■Joint Meetings ■eg, City Council & P&Z ■Procedural Rules ■Ratifications EXECUTIVE SESSIONS ■General Rule: All Deliberations Must Be In OPEN Session ■Must Announce Item & Cite Section Justifying ■Can Exclude Certain Persons from Executive Session ■Data from Executive Session not necessarily “Confidential” ■Minutes are “Confidential” ■Common City Justifications: ■Atty ■Real Estate ■Gifts ■Personnel ■Security ■Eco D TGC §551.071, .072, .073, 074, .076, .087 13 14 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 8 PHONE / VIDEO-CONFERENCING 1.Open or Closed Sessions 2.By Phone (emergencies only) 3.By Video-Conference (any time) 4.Web Mtgs typically requires quorum onsite, chair at public location, full 2-way participation & technical specs 5.Recording TGC §551.127 TGC §551.125 2019 15 16 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 9 WALKING QUORUMS ■aka, Daisy Chains ■“Prohibited Series of Communications” ■Knowingly ■Have 1 or + communications ■In a series ■With less than quorum ■Each occurs outside a meeting ■On an issue w/i the jurisdiction ■Knowing total series = quorum TGC §551.143 ENFORCEMENT ■Action Taken in Meeting is VOIDABLE ■Executive Session Without Lawful Basis ■Executive Session Without Certified Agenda ■Disclosure of Minutes of Executive Session ■Defense if Relied on Written Attorney Opinion ■Punishment: Up to $500 &/or 6 mos. in Jail TGC §551.144 TGC §551.145 TGC §551.146 TGC §551.144 TGC §551.141 17 18 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 10 OTHER MEETING-RELATED TOPICS ■Agenda Preparation ■Establishing a Quorum ■Frequency of Meetings ■Topic-Specific Notice & Hearing Rules ■Disrupting Meetings / Disorderly Conduct OPEN RECORDS TGC Ch. 552 19 20 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 11 OVERVIEW OF RECORDS Was Texas Open Records Act Now Texas Public Information Act Covers All Types of Formats Info Created By or For the City Info Given To the City Beware of Email & Texts! TGC §552.022 PERSONAL v. PUBLIC DATA? Info made, transmitted, maintained, or received in connection w/ govt’s official business is covered by PIA even if govt doesn’t possess the data eg, official-capacity e-mails are connected w/ the transaction of county business, thus county owns the info regardless of whether data is created or received in a personal email account or an official county email account TGC §§ 552.022 & .003 Adkisson v. Paxton (2015) 21 22 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 12 TEMPORARY CUSTODIANS a city officer or employee who: in the transaction of official business creates or receives public info not provided to the city’s PIO must surrender or return info to city not later than the 10th day after PIO requests the data TRANSLATION: If you created it,… or you received it, …and you don’t hand it over,… you’re responsible for it! TGC §552.003(7) & §552.203 RECORDS RESPONSES Uniform Responses Timing “Promptly” / 10 “Business” Days New Law: HB 3033 Nat’l/State/Local holidays Right to Inspect Right to Copies: Paper / USB / Email TGC §552.221 TGC §552.226 TGC §552.225 TGC §552.0031 23 24 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 13 COMMON EXCEPTIONS Confidential / Privileged Legal / Litigation Real Estate Eco D Security Measures Juveniles / Victim / Medical 3rd Party Financial Data / Trade Secrets / Health Info Agency Memo (Drafts / Deliberative Process) AG’s OPEN RECORDS DIVISION Only A Governmental Body Can Request Determinations 552.301(b) – 10 Business Day Deadline Copy to Requestor & Notify Third Party (If Necessary) with a Copy of Request and/or Holiday Calendar 552.301(e) – 15 Business Day Deadline Submit brief to AG with Arguments As to Why Info is Excepted From Disclosure Submit Copy of Requestor’s Request, Holiday Calendar (If Necessary), & Info at Issue (or Representative Sample) Provide a Copy of the Brief ONLY to the Requestor. Submit a signed statement as to the date on which the request for information was received by the GB or evidence sufficient to establish that date. AG Has Up To 45 Business Days to Respond (+10 Business Day Extension) Governmental Body may Receive a Memorandum Ruling Comments can be submitted by Requestor, 3rd Party & Public No Opportunity for Internal Appeal or Reconsideration Method of Appeal is to Bring Suit Against AG in Travis Co.TGC §552.301 25 26 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 14 AG’s ORD Maintains List of Fees (Costs) Provides Online Cost Estimate Model Handles Complaints of Alleged Overcharges Manages Requests for Cost Rule Exceptions Ensures Compliance with the Public Information Act Publishes an Excellent Handbook (free online) TGC §552.2615 CAUTION WITH SENSITIVE DATA Guard the Privilege Protect Confidentiality Label Internal Data Store Files Deliberately Handle with Care 27 28 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 15 ENFORCEMENT Civil Remedies (AG or Requestor: Writ of Mandamus) Declaratory Judgment / Injunctive Relief (DA/CA) Destruction Removal Alteration of Public Info $25-$4,000 or 3 days – 3 mos. in Jail (or both) Distribution or Misuse of Confidential Info Failure / Refusal PIO to Provide Public Info up to $1,000 or 6 mos. in Jail (or both) TGC §552.321 TGC §552.3215 TGC §552.351 TGC §552.352 TGC §552.353 6 POINTS TO REMEMBER 1.Assume all Data is “Public” & “Open” 2.Think Before You Create 3.“Private” Devices can have “Public” Info 4.Beware of Email (texts, social media) 5.Assume Gatherings are “Meetings” 6.Beware of Walking Quorums 29 30 City of Port Arthur November 30, 2023 Bojorquez Law Firm, PC (c) 2023 16 31