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# The Attorney General of Texas
December 13, 1978 JOHNL.HILL Attorney General
Mr.Kenneth Bain, Jr. Attorney at Law P. 0. Box176 Floydada, Texas 79235 Opinion No. R- 1281 Re: Whether-a salary grievance committee isrequired to comply with the Open Meetings Act. Dear Mr.Bain: Youhave asked: Where all requirements of Article 3912k Sec. 2(b) and (c) and (d) are met, and all nine members of the “Grievance Committee” sign a written recommendation for a raise in salary of an elected official, to-wit Justice of the Peace, and it is delivered to the commissioners court at its next regular meeting, does the fact that notices were not posted in advance for the meeting of the “Grievance Committee,” as stated in Art. 6252-17 Sec. 3Aof V.T.C.S. make such action of the “Grievance Committee” void, or is the Floyd County Commissioners Court required to pay such salary? The salary grievance committee is composed of seven public officials and three citizens. The committee hears salary grievances of elected county and precinct officials and ispermitted to recommend changes inthe officiai’s salary. An affirmative vote of all nine of the voting members of the committee causes the recommendation to become effective without further action ofthe commissioners court. The Texas Open Meetings Act, article 6252-17, V.T.C.S., requires that meetings of governmental bodies be conducted in public and be preceded by the statutorily prescribed notice. Yousuggest that notice is not required for two principal reasons. First, it is contended that the salary grievance committee is not a governmental body within the contemplation of the Act. Second, it iscontended that notice isnot required since agovernmental body isnot required to meet inpublic session to discuss certain personnel matters.

P. 5060Mr.Kenneth Bain, Jr. - Page 2 (H-1281)

The Open Meetings Act applies to “governmental bodies” which are defined to include “every deliberative body having rule-making or quasi-judicial power and classified as a department, agency, or political subdivision of a county or city.” Section I(c). The salary grievance committee has rule-making or quasi-judicial authority. Attorney General Opinion H-467 (1974). Webelieve it is also clear that the erievance committee is an azencv of the countv. Board of Adiustment of Citv Ct., App. Div.-1946), engaged in collecting tax of Fort Worth v. Stovall, 216S.W.2d 171,174(Tex. 1949)(Board of Adjustment is a meida County v. City of Utica, 22N.Y.S.‘Ld642, 644 (Sup. aff’d per curiam, 35 N.E.2d 189(N.Y. 1941)(city officials es are governmental agencies); see Toyah Ind. Sch. Dist. v. Peco&Barstow lnd. Sch. Dist., 466 S.W.2d 377, 380 (Tex. Civ. App - San Antonio 1971.no writ) (Ooen Meetinns Act to be liberallv construed to effect its ouroosel. Thus, the grievance commi%ee is a governmental body which is covered by the Open Meetings Act. Attorney General Opinion M-1005(1971)indicated that a meeting which was closed pursuant to the personnel exception to the Act was not required to be preceded by notice. That opinion is nolonger a correct statement ofthe law since the Open Meetings Act has been amended so that section 2(a)nowprovides inpart:

. .. no closed or executive meeting or session of any governmental body for any of the purposes for which closed or executive meetings or sessions are hereinafter authorized shall be held unless the governmental body has first been convened in open meeting or session for which notice has been given ashereinafter provided.

.. . Section 3A(a) provides that “any action taken by agovernmental body at a meeting on a subject which was not stated on the agenda in the notice posted for such meeting is voidable.” See also Lower Colorado River Authoritv v. City of San Marcos, 523 S.W.2d 641(Tex.5); Toyah lnd. Sch. Dist., w. Thus, ifnotice of the meeting was not posted the action of the grievance committee would be voidable. You have presented no facts to indicate whether the action was subsequently ratified; see Lower Colorado River Authority, e; Attorney General Opinion Ii-419~974); or whether there might have been substantial compliance with the requirements of the Act. See Stelzer v. Huddleston, 526 S.W.2d710(Tex. Civ. App. -Tyler 1975,writ dism’dr SUMMARY The salary grievance committee established pursuant to article 3912k,V.T.C.S., isrequired to comply with the Texas Open Meetings Act, article 6252-17, V.T.C.S., and post notice of its meetings. Action taken at a meeting for which notice wasnot posted isvoidable.

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Mr.Kenneth Bain, Jr. - Page 3 (~-1281)

APPROVED:

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-k DAVIDMAKENDALL,First Assistant

Opinion Committee Attorney General of Texas

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