Analysis of AG Opinion MW-129 (1980)
Regarding the Texas Open Meetings Act
by Donald Ray Burger
Attorney at Law
This is an opinion of the meaning of former article 6252-17, Section 2(g) of Vernon's Annotated Civil Statutes. Former section 2(g) allowed a closed session in cases involving "the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee." The quoted language now appears at Section 551.074 of the Government Code. However, as this AG Opinion holds, "the Open Meetings Act does not permit a governmental body to meet in closed session to discuss the employment of an independent contractor such as an engineering, architectural or consultant firm." Thus, the exception in current section 551.074 is restricted to employees of the governmental body, and does not include independent contractors.
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