Untitled Texas Attorney General Opinion ( 1974 )

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THE ATTORXEY GEXERAL
OF TEXAS
December 9, 1974
The Honorable Ihvid Finncy, Ch8irm8a
State Affrirr Committee Opinion No. H- 467
House of Reprerent8tives
P. 0. Box 2910, Capitol Strtion Re: Whether the Libr8ry
Aumtin, Texan 78767 Bo8rd of the City of
Irving ir covered by
the Open Meetingr kw,
art. 6252-17. V. T.C.S.,
8s amended by the 63rd
Dear Repreaentrtive Finney: Legial8ture.
You have 8sked our opinion aa to the 8pplicability of the Texas Open
Meetings LOW, Article 6252-17, V. T. C.S; , to the Library Barrd of the
City of Irving.
The purpore of the Open Meetiagr L8w i8 to open to the public the
deliberation of public businerr by those government81 bodice covered
by the Act. Government81 body is defined in section l(c) of the Act. as:
. . . any board. c ommirrion. dcprrtment, committee,
or 8gency within the executive or 1egirMiw department
of the date, which ir under the direction of one or more
elected or appointed members; and every Commirrionerr
Court 8nd city council in the lt8te, 8nd every deliber8tive
body h8ving n&e-making or qurri-judicial power 8nd
ckmrified 88 8 department, 8gency. or political rubdivirion
of 8 county or city; rnd the board of trusteea of every
school district, and every rpecirl district heretofore or
here8fter crerted by law. (Emphasis added)
The definition of government81 body for 8gencien or departments of 8
city or 8 county ie different th8n thrt for 8n rgency of the St&e. See
Attorney General Opinion H-438 (1974). To come within the purl of
the Act, the Library Board would have to be 8 “deltber8tive body h8ving
rule-making or qurri-judicial power rnd cl8rrified 86 8 dep8rtment. 8gency,
or political subdivirion of 8 county or city.” V. T. C.S. 8rt. 6252-17, $1(c).
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The Honor8ble B8vid Finney, page 2 (H-467)
It is conceded thrt the Librrry Board is a department or agency of
the City. Therefore, the focur muat be on whether the Librrry Borrd
h8r rule-making or 9U88i-jUdiCi81 power. Rule-mrking 8uthority ir
legisktive in lvture 8nd involves brord policy conrider8tions. Buckeye
Power, Inc. v. Environment81 Protection Agency, 481 F. Zd 162 (6th
Cir. 1973); Americ8n Express Co. v. U.S., 472 F. Zd 1050 (C.C. P.A.
Austin, PItent App. 1973); Willrpoint Cysterr, Inc. v. Ewing, 174 F. Zd
676 (9th Cir. 1949) cert. denied, 339 U.S. 860. An administrative
agency determining the rights of one or more parties under 8 generrl
rule. regulation, ordinance, or rtatute is exercising 8 qU8Si-jUdiCi81
power. See City of Houston v. Blackbird, 394 S. W. Zd 159, 163 (Tex.
Sup. 1965); Victory v. St8te, 158 S. W. Zd 760. 766 (Tex. Sup. 1942).
We are informed thnt the powers 8nd duties of the Library Board are
set forth in section 20-S of the Code of Civil 8nd Criminal Ordinances
of the City of Irving. Section 20-S decl8rea:
The library Board skull be 8n advisory board and
shirll b8ve the following duties:
(8) To m8ke recommend8tions concerning the adoption
8nd enforcement of 811 necessary rules, bylaws
rnd regulation8 deemed by it nece.as8ry for the
rdministrotion. government 8nd protection of
the libr8ry ayatcm.
(b) To define the powers and prercribe the duties
rnd tenure of offacera of the library board,
8nd t0 elect 8B Officers.
(c) To review with the libr8ri8n 8nd make recommen-
dotionr for the purchrse of books, journals,
pubLic8tions. furniture rnd fixtures and other
necesrrry property, rnd to provide for the re-
binding and preserntion in proper order, the
books, documentm, journals and other public8tions.
rnd the property of the libr8ry.
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:
:, The Honorrble David Finney, p8ge 3 (H-467)
(d)To make recommen&tionr for the lrt8blirhment
of luch brrncher of the libr8ry 8nd rerding rooms
8s the growth of the city mry from time to time
demand.
(C) To interview with the city m8n8ger, md make
recommendationa for the employment rnd dutier
of the libnrirn.
(0 The librrry bo8rd may recommend the removal
8nd dirmiraal of the iibr8ri8n.
(g)Ia the event the city council maker 8viilPble
money for the enlargement, exp*nrion or re-
building of the municiprl libr8ry, the librrry
board rholl have the right to recommend 8 site
for ruch improvementa; may recommend 8n
8rchitect, or such rrchitects 8s they deem
necerrrry for the prepor8tion of pl8n8 8nd
sptcifacrtionr for the construction rnd erec-
tion of the improvementa; provided, that if
my contract for the improvements of the library
system is m8de. nuch contr8ct ah811 be in tbe
name of the city, upon plans rnd specifications
rpproved by the city council.
(h) The libr8ry board with the librarian shall
rnnually rt the time provided by the charter,
file its propored lxpenditurer within the 8nnu81
fund8 8vrilable for the next fiscrl yeor with the
city mraager, 8nd if rpproved by the city council,
the s8me shall become 8 p8rt of the operrting
budget of the city, the 6arne 8# the other dep8rt-
mentr of the city. (Ordinance No. 714, Section 6)
from the 8bove recitation th8t the Libr8ry Board does
It is rpparent
not 8ct in 8 quori-judicinl crpacity. It is 8100 8pp8rent th8t the respon-
libilities of the Libnry Board h8ve been dr8wn 80 86 to be 8dvirory.
lnmof8r 88 the Board truly 8Cta in rn 8dvirory C8p8Cit-y Otiy, it i6 our
opinion that it doer not have rule-mnking power 8nd ia not within the
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The Honorable D8vid Ftnney, p8ge 4 (H-467)
purview of the Open Meetings L8w. But were the Board to be
functioning, in rerlity, 88 more th8n 8n rdvirory body [empeci8Uy
with reg8rd LOsection go-S(r) Of the Code of the City of Irving].
we would be of the opinion thrt the Board should h8ve to comply
with the mand8tem of the Open Meetings Act regrrding public notice
8nd open meetings.
SUMMARY
A city’slibr8ry board which acts solely in 8n
advisory c8pacity md h8r no rule-making or qu8mi-
judici81 power ir not required to comply with the
manhates of the Open Meetings Act regrrding public
notice 8 ad open meetings.
Very truly yours,
A
// Attorney General of Tuna
APPROVED:
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
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