Violations of Open Meetings Act

While we usually look skeptically at rulings from Travis County, this one struck home. On Thursday, August 28, Travis County District Judge Maya Guerra Gamble ordered the City of Austin to remove 13 proposed charter amendments from its November ballot.

It seems the Austin City Council only allowed members of the public to comment once on the entire package of charter amendments. The judge ruled this violated the Texas Open Meetings Act (TOMA). The public should have an opportunity to speak on each of the amendments individually.

The Bastrop City Council did exactly the same thing that caused the judge to rule the Austin City Council violated TOMA. It allowed members of the public to comment only once on the entire package of twelve (12) amendments in Ordinance 2024-25 rather than on each individually.

Interestingly, the lawyer who filed the successful lawsuit was Bill Aleshire. You may recognize the name because Mr. Aleshire is Mayor Lyle Nelson’s lawyer fighting City Council members Kirkland, Plunkett and Meyer recall effort.

The Bastrop City Council should take note. They should start paying better attention to the Texas Open Meetings Act. They should stop meeting as a voting-majority and have all voting-majority discussions in public, notwithstanding that the current Charter allows it.

The Bastrop City Council approved putting Proposition “K” on the ballot which would prohibit such meetings by changing the quorum requirement. They should abide by that now rather than waiting.