Margarita Venegas
CNHI
Parker County —
The Parker County district attorney’s office will make an announcement Friday regarding a county meeting that took place Aug. 20 and if it was a violation of Texas open meetings law.
At the Aug. 20 meeting, which was for department heads, three county commissioners showed up and County Judge Mark Riley led the meeting. That constitutes a quorum of the commissioners court. However, the meeting was not advertised as a public meeting.
The meeting was recorded and on the tape, Riley can be heard saying that he didn’t realize there was a quorum until one of the commissioenrs spoke up when the meeting was already in progress. He also says that they have to be sure not to violate the law with what they say.
Texas open meetings law states that a quorum of officials need not only be speaking or voting for it to be a violation. It reads, in part:
“Meeting means:
(A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or (B) except as otherwise provided by this subdivision, a gathering:
(i) that is conducted by the governmental body or for which the governmental body is responsible;
(ii) at which a quorum of members of the governmental body is present;
(iii) that has been called by the governmental body; and
(iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control.”
Riley said he doesn’t believe that the Aug. 20 meeting violated the law.
“I welcome the District Attorneys’ response on this matter,” Riley said. “This was not a meeting of Commissioners Court. This was my meeting where I invited department heads to inform them of the budget process to date and for them to give me their opinions on next year’s budget.”
Jeff Swain, assistant district attorney, said the DA’s office has been in contact with the state attorney general’s office and will issue a statement on Friday. He did not want to discuss what, if any, consequences may occur if the county is found to be in violation and who would be responsible for the violation until the DA’s determination is released on Friday.
