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The Attorney General of Texas 

December 13, 1978 

JOHN L. HILL 

Attorney General 

Mr. Kenneth Bain, Jr. 

Attorney at Law 

P. 0. Box 176 

Floydada, Texas 79235 

Opinion No. R- 12 8 1 

Re: Whether-a salary grievance 

committee is required to comply 

with the Open Meetings Act. 

Dear Mr. Bain: 

You have 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. 3A of 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 is permitted to recommend changes in the 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 of the 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. You suggest 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 is contended that notice is not required since a governmental body 

is not required to meet in public session to discuss certain personnel matters. 

P. 5060 
Mr. 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). We believe 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, 216 S.W.2d 171, 174 (Tex. 1949) (Board of Adjustment is a 

meida County v. City of Utica, 22 N.Y.S.‘Ld 642, 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 no longer a correct statement of the law since 

the Open Meetings Act has been amended so that section 2(a) now provides in part: 

. . . 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 as hereinafter provided. . . . 

Section 3A(a) provides that “any action taken by a governmental 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, if notice 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.2d 710 (Tex. Civ. App. -Tyler 1975, writ dism’dr 

SUMMARY 

The salary grievance committee established pursuant to 

article 3912k, V.T.C.S., is required 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 was not posted is voidable. 

p. 5061 
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Mr. Kenneth Bain, Jr. - Page 3 (~-1281) 

APPROVED: . v 

-k DAVID MAKENDALL, First Assistant 

Opinion Committee 

Attorney General of Texas 

p. 5062