Untitled Texas Attorney General Opinion ( 1971 )

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November 30, 1971
I
Hon. Joe Resweber Opinion No. M- 1005
County Attorney
Harris County Courthouse Re: Several questions relari?:
Houston, Texas 77002 to requirement of giving
notice by Commissioners
. Court and Board of Judges
of Harris County as re-
quired by Art. 6252-17,
V.C.S., and a related
Dear Mr. Resweber: question.
Your recent request for an opinion asks for an answer to the
following questions:
“1. Does Article 6252-17, V.C.S., require posting
of notice of a meeting of the Board of Judges of Harris
County for the purpose of appointing a Purchasing Agent
of the County?
“2. Does Article 6252-17, V.C.S., require posting of
notice of meetings of the Commissioners Court of
Harris County for the purpose of making appointments
to fill vacancies in elective offices or the various board
commission memberships appointed by the Court?
“3. Is the County Auditor of Harris County authorized
to exercise the duties and powers of such office when
his appointment was made by the District Judges of
Harris County at a meeting for which no notice, as
contemplated by Article 6252-17, V. C. S. was posted?”
In answer to your first question, your attent!on ir; dbected to Article
6252-17, Sec. 2(a)! which rends, in pertinent par:. as follows:
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Honorable Joe Resweber, page 2 . (M-1005)
“The prMsions of k!s Act do nc; apply to that portion
of a meeting. . .cf a governmental %cdy while. . .
actually engaged !r (1) delibera:!ons to consider the
. . of a public officer or
officer or employee reques:s
(Emphasis added)
The Act does not require posting of notice of a meeting of the Board
of Judges for the purpose of appointing a Purchasing Agent of a Coynty, since
the sole function of the Board under the provisions of Article 1580, is to
appoint a suitable person to act as County Purchasing Agent.
.
Sec. 2(a) of Article 6252-17 applles to meetings of the Commissioners
Court as indicated by Sect!on l(b) of that Article. That portion of a meeting
or session of the Commissioners Court actually devoted to deliberations to
consider the appointment or employment of an individual or individuals to
fill vacancies in elective offices or board commission memberships are not
subject to the notice provisions of the Act. (Sec. 3A). Therefore, question
2 is answered in the negative.
Question 3 is answered in the affirmative, Article 1647, V.C. S.,
authorizes the district judges having jurisdiction in the county to a
the County Auditor at a special meeting held fcr i that f ur ye. Age
Article 6252-17, Sec. 2(a) does not require post ng o net ce of such
meeting for the purpose sf &pFointing a County Auditor and the County
Audiior thus appinred may exercise %e du:ies and powers of :hat office.
1
Acts 61st Leg., 1369, 2nd C.S., ch. 24, p. 166, S. B. 23, codified
by Vernon in Notes u;lder Art. 1580, V.A.C.S.
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Honorable Joe Resweber, page 3 (M-1005)
*SUMMARY
The notice provisions (Sec. 3A) of Article 6252-17, do
not apply to a meeting of the Board of Judges created
by,Acts 61st Leg., 1969, 2nd C.S., ch. 24, p. 166,
S. B. 23, codified by Vernon, in Notes under Art. 1580,
V.A.C. S. , or a meeting of the District Judges under
Art. 1647, V. C. S. , or a Commissioners Court, while
they are actually engaged in deliberations to consider
the appointment or employment of a public officer or
employee. -
Prepared by Bill Flanary
Assistant Attorney General
APPROVED:
OPINION COIMM~TTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Ivan Williams
Wardlow Lane
Jerry Roberts
Sally Phillips
SAM MCDANIEL
Staff Legal Assistant
AlAFRED Whl .KER
Executive Assistant
NGLA WllfTE
First Assistant.
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