City Council meeting - October 20, 2016

This was a Special Council meeting called primarily to appoint a replacement for the recently deceased Councilman Gary Stork's Place 3 postion. During the discussion of Item 2 the Council made a motion to go into Executive Session. Mr. Baroody requested the discussion of his application be held in Open Session. The Council elected to go into Executive Session anyway. When they returned to open session a motion was made to appoint Mary Ellen Summerlin to Place 3 and the Council Adjourned. No discussion regarding Mr. Baroody's application was held in Open Session.

The Council cited Texas Open Meetings Act Section Section 551.074 as the basis for Executive Session. That Section States:

PERSONNEL MATTERS; CLOSED MEETING.

     (a) This chapter does not require a governmental body to conduct an open meeting:

          (1) to deliberate the appointment, employment, evaluation, reassignment,
               duties, discipline, or dismissal of a public officer or employee; or
          (2) to hear a complaint or charge against an officer or employee.

     (b) Subsection (a) does not apply if the officer or employee who is the
           subject of the deliberation or hearing requests a public hearing.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Based on Subsection (b), the Council appears to have violated the Open Meetings Act when they chose not to honor Mr. Baroody's request for Open Session discussion of his application.