Open Meetings question.

[rallenw]

What is the name of your state? TEXAS. Our city council has 5 members. On June 13th, 2006, during a city council meeting, one of the council members indicated publicly that she talked with two of the other four council members, individually, in private, about city business. The result of the conversation being that two days later she entered the office of the city manager and ordered her two remove some traffic control devices (no parking signs) along a street here in town. Following a traffic study conducted previously this year by the chief of police, in accordance with city ordinances, the No parking signs were installed along both sides of the street in an effort to stop 18 wheel truck parking. Do these actions suggest that the Texas Open Meetings Act may have been violated?

 

[CdwJava]

I would say that it has very likely been violated. But, the likely result will be that the action taken will have to be reversed until it can be made in open council ... depending on how these things are chartered in your state and city.

Here is but one of many links to information and resources on the topic:

http://www.bickerstaff.com/articles/openm989.htm

If you Google "Texas Open Meeting Act" you will get many, many hits.

- Carl

 

[Ohiogal]

https://forum.freeadvice.com/showthread.php?t=326663

Either this is a double post and one person is posting under different usernames or the entire tiny town discovered freeadvice all at once. Texasgal has about 12 questions regarding a town very similar to OPs if it is not the same one.
If your town has these problems -- MOVE! Because apparently the elections are fixed, and no one is allowed to press charges or arrest anyone or some such thing.

Here is Texasgal's post:

Question concerning Open Meeting Act

--------------------------------------------------------------------------------

Texas

Our town is in turmoil ... 2 rival factions duking it out for control. One councilman directed the city manager to remove some no parking signs - only in one area where the councilman is siding with a local business. The other signs up and down the street were not removed. A citizen questioned what gave the councilman the authority to have the signs removed. She said no one could produce the traffic study that others said had been done. Citizen says, so you took it upon yourself to have the signs removed without consulting anyone else? She said she had met with 2 other council members and they agreed with her so she went to the city manager and had them removed. Citizen says isn't that a violation of the Open Meeting Act and she says no, I didn't meet with them, I just talked to them on the phone. One at a time. She did not attempt to contact the other council members.

Is this a violation of the open meeting act or would all of them have had to be present at one time to constitute a violation?

 

[tigger22472]

https://forum.freeadvice.com/showthread.php?t=326663

Either this is a double post and one person is posting under different usernames or the entire tiny town discovered freeadvice all at once. Texasgal has about 12 questions regarding a town very similar to OPs if it is not the same one.
If your town has these problems -- MOVE! Because apparently the elections are fixed, and no one is allowed to press charges or arrest anyone or some such thing.

Here is Texasgal's post:

Question concerning Open Meeting Act

--------------------------------------------------------------------------------

Texas

Our town is in turmoil ... 2 rival factions duking it out for control. One councilman directed the city manager to remove some no parking signs - only in one area where the councilman is siding with a local business. The other signs up and down the street were not removed. A citizen questioned what gave the councilman the authority to have the signs removed. She said no one could produce the traffic study that others said had been done. Citizen says, so you took it upon yourself to have the signs removed without consulting anyone else? She said she had met with 2 other council members and they agreed with her so she went to the city manager and had them removed. Citizen says isn't that a violation of the Open Meeting Act and she says no, I didn't meet with them, I just talked to them on the phone. One at a time. She did not attempt to contact the other council members.

Is this a violation of the open meeting act or would all of them have had to be present at one time to constitute a violation?

I thought the same thing!! I suspect after you called her out the other day then she thought she'd start a new username..lol

 

[rallenw]

rallenw

I assure you I am not Texas gal. I am male, aged 63. It is ironic we have posted the same problem. I do believe it is unfortunate that Ohiogal has chosen to demean the situation here in this small town. For the record, we are a small, 4.63 square mile town witha population of some 15,400 people, approximately 14% being over the age of 65. Sorry to have bothered you, Ohiogal, with our problems.

 

[Ohiogal]

I assure you I am not Texas gal. I am male, aged 63. It is ironic we have posted the same problem. I do believe it is unfortunate that Ohiogal has chosen to demean the situation here in this small town. For the record, we are a small, 4.63 square mile town witha population of some 15,400 people, approximately 14% being over the age of 65. Sorry to have bothered you, Ohiogal, with our problems.

I have not chosen to demean the situation. I actually answered it the first time it was posted. It was only after several postings were made regarding this (or a very similar small town) that it began to sound like no more than a classroom assignment.

 

[Texasgal]

I think there are 2 people from my town posting questions on this site which isn't surprising since I did tell some others about the opion Ohio wrote.
I didn't think I'd posted 12 times tho!
Sorry to be post hogs. It's very upsetting to be in a position where you can see there is something wrong and not be able to fix it or not know who to turn to. We had a very small voter turn out and a lot of voter apathy. I've lived a number of years and hate the thought of having to move.

Thanks for your help.

 

[Ohiogal]

Well if you don't want to move then run for office. It is sometimes easier to change things that are wrong with the places by getting mroe involved.