# The ’ Attorney General. of Texas

January 25, 1980 MARK WHITE Attorney Genecal
HonorableJoe Resweber Harrk County Attornei 1001Preston, Suite 634 Houston, Texas 77002

Dear Mr.Besweber: Opinion Bo. Mw-129 Re: Whether a govemmenlul Sodi may meet in closed session to discuss the employment of (iti engineering,

. architectmu or consultant firm.

You haveasked:

The

. . Can the Commissioners Court, puauant to provisions **Of** article 6252-17, Vernon ’s Ann. Civ. St., meet in closed session to discuss the employment of an engineering, architectural, or consultant firm whose professional services are tobe provided to the county bySpecific, written contract? Texas ’ Open Meetings Act, article 6252-17, V.T.C.S., require;

. . .._ commlssioners oourtx to meet insessions which are open to the public. Various exceptions to the act permit governmental bodies to close portion,. **Df**meetings. The only exception which is relevant toyour inquiry isfzuud 1.7 section 2(g)of the act. Itprovides:

Nothing in thk act shall be construed to req*Are governmental bodies to hold meetings open to the public in cases involving the appointment, employment, evaluation, reassignment, duties, ~discipline, or dismissal of a public officer or employee or to hear complaints ap charges egainst such officer or em lo ee unless such officer or employeects u &i&&ring. (Emphasised). By its terms, section 2(g) applies only to discussions involving ofS~ce~*s i;: employees. Engineeri,ng,‘~nrchitectural or consultant firms would, however, be classified as independent contractors since they would undertake to ditL specificpiece of work for the county using their own means end methods without submitting themselves to the control of the county in respect to ullHonorableJoe Resweber i Page

### TWO (Nw-129)

the details of the work. Industrial lndemnity Exchange v. Southard, 160S.W.ZG 905, SSy (Tex. 1942);Restatement (second) of Agency Sg2, 229 (1957). Anindependent contractor 

### k not an officer a 

### employee. Attorney General Opinions H-1304 (1978);C-307 (1964i; V-1527 tl!%Z); V-343, V-303 (1947). The Texas Open Meetings Act k required to be liberally coustrued to cfiect Its purpose wtiich k to assure that the public has an opportunity to be .informed concr.mii~g the transaction of public business. Tovah lnd. Sch. Dist. **V.** Pecos-Barstow lnd hi. Dis:.. 466S.W.2d377 (Tex. Civ. App. - SanAntonio 1971, nowrit). Aycordirgiy, vx believe thz’

. the Open Meetings Act does not permit a governmental body to met; in CIOSCSI s%iur. k. dkcum the employment ofan independent contractor such as an engineeri:lg, rcchhxtut~i or consultant firm. We note that our. conclusion k consistent with that of other states w&L IQ considered the question. 

### lthok Attorney General Opinion‘No. S-1116 (1976).(comncizL:. may not meet in executive session to discuss financial respohsibility of buil%g 

### wntractors

’who submitted bids on a project); OlclahomaAttorney General OpinionI+;. 75L702 (1975)(governmental body may not meet in executive session to dkcun s&&cl: of an 

### architect or lawyer or to discuss retention, dkci line or granting of privihzgti’vf physician who was found tobe anindependent contractor. P SUMMARY A governmental body may-not. meet in closed &ssion ,todkcum the 

### employment of 

### anindependent contractor such as an en@tecring, architectural or eotwultant ftrm.

‘~ my-+-g7

MARK WHITE Attorney General ofTexas 

### JOHN W. FAINTER, JR. Fit Assistant Attorney General TEDL. HARTLEY Executive Aasiitant Attorney General Prepared byC. R&&t Heath Assktant Attorney General APPROVED: OPlNION

COMMITTEE C. Robert Heath, Chairman

p. 414HonorableJoe Resweber - PageThree (MW-129)

David B.Brooks *wgygTg Rick Gilpin Bruce Youngblood