R104 RESOLUTION NO. 104
WHEREAS, the 76 Legislature adopted House Bill 156 amending Chapter 551 of the
Government Code to broaden the definition of "meeting" to provide that the requirements of the
Open Meetings Act apply to any gathering (1) that is conducted by the governmental body or for
which the governmental body is responsible, (2) at which a quorum is present, (3) that has been
called by the governmental body, and (4) "at which 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 "; and
WHEREAS, the intent of HB 156 was to preclude governmental bodies from receiving
staff comments in closed meeting; and
WHEREAS, the effect of this legislation may be construed to require the subject matter
of council comments, staff comments or briefings and citizen comments to be posted on the
agenda; and
WHEREAS, requiring a citizen speaker to submit a topic three days before a public
meeting in order to post the item limits the discourse between the general public and members of
the elected governing body; and
WHEREAS, requiring a staff member or council member to submit the subject matter of
routing announcements or reports limits the flow of information necessary for the operation of
government; and
WHEREAS, the City Council does not believe the legislature intended the staff, citizen
or council comments on non - agenda items in open session be precluded so long as no deliberation
occurs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE:
SECTION 1.
That the City Council encourages the Board of Directors of the Texas Municipal League
to seek introduction and passage of legislation to amend Chapter 551 of the Government code to
clarify and provide that a citizen, staff or council member may comment or make announcements
on non - agenda items in open session so long as no deliberation occurs.
SECTION 2.
This Resolution shall become effective after its passage by the Kennedale City Council.
PASSED AND APPROVED this 29 day of September 1999.
Mayor, Mark S. Wrig
ATTEST:
City Secretary
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