### THE ATTORNEY GENERAL OF TEXAS January 13, 1989

HonorableWilliam R. Moore OpinionNo. ~~-1007 Tom Green CountyAttorney 112W. Beauregard Re: Applicability of certain San Angelo, Texas 76903 statutes to the actions of a local salary grievance committee (RQ-157.4)
Dear Mr. Moore:
You askwhether a county salary grievance committeemay meet without the county judge, and if so,may the committee deliberate andvote in closed session.
It appears that your questions are prompted by a grievance committeehearing concerning the equalization of a constable's compensation in the county. Information furnished by you reflects that the county judge directed a commissioner to chair the hearing in his absence. YOU further state that after the hearing the committeeheld a closed session to deliberateandvote. The presiding county commissionerparticipated in the closed session,but left before the vote was takenby the committee. Section 152.014 of the Local Government Code provides for the composition of the salary grievance committee. Section 152.014 states:

(a) In each county there is a salary grievance committee composed of the county judge and: (1) the sheriff, county tax assessorcollector, county treasurer, county clerk, district clerk, county attorney or criminaldistrict attorney,and the number of public members necessary to provide nine votingmembers; or (2) nine publicmembers, if the commissioners court votes on the second Monday in January each year to have nine public members.

p. 5180Honorable William R. Moore - Page 2 (ZM-1007)

(b) The county judge is chairman of the committee,but is not entitled to vote. (c) Publicmembers must be residents of the county. While no statutoryprovision ismade for appointment of a chairman of the committee inhis absence, no reason is perceivedwhy a commissioner serving solely in the capacity of a non-voting chairman of the committeeby appointment of the county judge would invalidateany action taken by the committee that was regular in all other respects.
You also askwhether the deliberations andvote by the committee in closed session renders its action invalid.
In Attorney General Opinion H-1281 (1978)itwas concluded that a salary grievance committee is a body" under article 6252-17,V.T.C.S., and "governmental is required to comply with the requirementsof the Open Meetings Act. All "meetingsB1

held by "governmentalbodies"must be open to the public unless an executive session is expressly permitted. V.T.C.S. art. 6252-17, 5 2(a). Cox Enternrises. Inc. v. Bo 

### rd o TN ee f th S.;.2d 9f56,;:8 s(T:x. A stin 1:86): Indeo. School Dist., 706

Also, even if an executive session is authorized, no votes may be taken in executive session. The deliberationsand vote of a governmental body come within the definition of a '0meeting10 as that term is defined in section l(a) of article 6252-17. Section 2(L) of the Open Meetings Act requires that all final .actions, decisions, or votes be made in open meetings. cox Enternrises, 706 S.W.2d at 958.
You do not suggest that the 1tmeeting1t you have described comeswithin any exception to the act. But see art. 6252-17, 5 2(g); cf. Attorney General OpinionH-496 (1975). Section 3(a),provides that any action taken by a "governmental body" inviolation of this act isvoidable. Whether a particular action shouldbe invalidatedmust be decided in district court, and cannotbe decided as a matter of law in an opinion of the attorneygeneral. &g Attorney General Opinion JM-985 (1988).SUMMARY

The action taken by a salary grievance committee with a non-voting commissioner presidingby designation of an absent county judge is not invalidbecause of his absence. The deliberations and vote of the salary

P. 5181HonorableWilliam R. Moore - Page 3 (JM-1007)

grievance committee in closed session is in violation of article 625247, V.T.C.S., and any action taken at the meeting isvoidable.

JIM MATTOX Attorney General of Texas
WARY KELLER FirstAssistantAttorney General
Lou lK!cREARY ExecutiveAssistantAttorney General JUDGE ZOLLIE STRANLHY SpecialAssistantAttorney General RICK GILPIN Chairman, Opinion Committee Preparedby Tom G. Davis Assistant Attorney General

p. 5182