Untitled Texas Attorney General Opinion ( 1983 )


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  •                                    The Attorney                     General of Texas
    March 10, 1983
    JIM MATTOX
    General
    Attorney
    Honorable James W. Smith.          Jr.                    opinion   No. Jn-6
    Supreme Cowl Building           Frfo County Attorney
    P. 0. BOX 12546                 P. 0. Box V                                               RI?: Whether the commissioners
    Auslin. TX. 76711. 2546
    Pearsall. Texas     78061                                 court may exclude    the county
    51214712501
    clerk   from     its   executive
    Telex 9101674-1387
    Tekcopiar      51214750266
    session meetings
    Dear Mr. Skith:
    1607 Main St.. Suite 1400
    Dallas, TX. 75201.4709
    You have asked whether the commissioners          court of Frio County may
    2141742-6944
    exclude    the county clerk       from executive  sessions    of the court.   You
    contend that inasmuch as the county clerk           is ex officio    clerk of the
    4624 Alberta Ave.. Suile 160   commissioners     court,  articles    1940 and 2345, V.T.C.S..    she Is. in most
    El Paso. TX. 79905.2793        instances,    entitled   to attend such sessions.
    ,,,,,1
    Section  2(a) of article           6252-17,       V.T.C.S..   the Open Meetings    Law.
    ,220 Dallas Ave.. Suite 202    provides   in part as follows:’
    HO”SlO”. TX. 77002.6966
    71MqOae6
    Except     as    otherwise     provided.    . .  every.   . .
    meeting    or session       of  every    governmental   body
    806 Broadway. suite 312                   shall   be open to the public;           and no closed     or
    L,ibbock. TX. 794013479                   executive     meeting or session      of .any governmental
    606l747.5236                              body for any of the purposes for which closed or
    executive     meetings     or sessions     are hereinafter
    authorized     shall  be held unless.      . . .   (Emphasis
    4309N. Tenth. Suite B
    McAlkn.   TX. 76501.1665                  added).
    5121882-4547
    Section   1 of   this   article    provides:
    200 Main Plaza. Suite 400
    San Anlonio. TX. 76TO5.2797
    (a) ‘Meeting’ means any deliberation                   between a
    5121225.4191                               quorum of    members of  a governmental                     body at
    which. . . .
    An Equal Opportunityl
    Allirmrlivc Aclion Employer
    . . . .                            ,
    (6) ‘Governmental               body’         means. . .        every
    Commissioners    Court.           . .   in       the   state.      . . .
    (Emphasis added).
    These provisions        clearly  establish    that only the                members of a
    governmental  body --       in this instance.    the commissioners               court -- have
    p.    25
    Honorable   James W. Smith,      Jr.   - Page 2    (JM-6)
    the right.     when authorized      by section    2 of the Open Meetings Act, to
    convene In executive        session.     The fact that the county clerk          is ex
    officio    clerk of the commissioners        court does not make her a member of
    that court.      Article   V. section     18 of the Texas Constitution       provides
    in relevant     part that “[t]he      County Cowmissioners      so chosen, with the
    County     Judge    as    presiding     officer,     shall    compose    the   County
    Commissioners        Court. . . .‘I      Article      2342,    V.T.C.S.,     contains
    virtually     the same language.      We therefore     answer your question     In the
    affirmative.
    SUMMARY
    The connaissloners  court    of  Frio   County may
    exclude  the county clerk    from executive    sessions
    of the court held under article     6x52-17, V.T.C.S.
    JIM      MATTOX
    Attorney  General   of Texas
    TOM GREEN
    First Assistant    Attorney   General
    DAVID R. RICHARDS
    Executive Assistant     Attorney       General
    Prepared    by Jon Bible
    Assistant    Attorney  General
    APPROVED:
    OPINION COMMITTEE
    Susan L. Garrison,     Chairman
    Jon Bible
    Rick Gilpin
    George Gray
    Jim Moellinger
    Bruce Youngblood
    .
    p.   26
    

Document Info

Docket Number: JM-6

Judges: Jim Mattox

Filed Date: 7/2/1983

Precedential Status: Precedential

Modified Date: 2/18/2017