City Administrator Admits M-C TOMA Violations!
This is a video of Konrad Hildebrandt, McLendon-Chisholm's City Administrator, admitting that the City Council lets-in outside parties to Executive Sessions!
After watching the video, it's clear that his understanding of TOMA is in conflict with the Texas Open Meetings Act Handbook which states:
"Only the members of a governmental body have a right to attend an executive session, except that the governmental body’s attorney must be present when it meets under section 551.071. A governmental body has discretion to include in an executive session any of its officers and employees whose participation is necessary to the matter under consideration. Thus, a school board could require its superintendent of schools to attend all executive sessions of the board without violating the Act. Given the board’s responsibility to oversee the district’s management and the superintendent’s administrative responsibility and leadership of the district, the board could reasonably conclude that the superintendent’s presence was necessary at executive sessions.
A governmental body must not admit to an executive session a person whose presence is contrary to the governmental interest protected by the provision authorizing the session. A person who wishes to sell real estate to a city may not attend an executive session under section 551.072, a provision designed to protect the city’s bargaining position in negotiations with a third party. Nor may a governmental body admit the opposing party in litigation to an executive session under section 551.071. A governmental body has no authority to admit members of the public to a meeting closed under section 551.074 to give input about the public officer or employee being considered at the meeting."
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