Untitled Texas Attorney General Opinion ( 1985 )

The Attorney General of Texas
Aquet 14, 1985
JIM MAllOX
Attorney General
Suprem Court Building Eooorable Carl A. Parker opinion No. JM-340
P.0. BOX12548 cheirmall
Aurtln. TX. 70711- 2548 Education Committc:e: Re: Whether a grievance hearing
512l47%?m Texas State Senetc! is open to the public under eer-
1d.X 9101874.1367
P. 0. Box 12068, Cepitol Station tale circumstances and related
lelecoplrr 5lY47502ea
Austin, Texas 711711 questions
714 Jackson. Suite 700 Dear Senator Parkm:
cwllos. TX. 75202.4506
2W742-8944
You ask whether the Open Meetings Law required au Alamo Comunlty
College District grlwance committee to diacuaa e terminated
4824 Alberta Ave.. Sulle 100 employee’s grievewe in open session. You also ask whether the
El Paso, TX. 799052793 chancellor could order persona to leave the premises of the district
-
9lW533.3.484 headquarters. Newspaper clippings which you have submftted describe
the circumstances Iof the grievance coxmittee hearing.
1001 T.Yxas. Suite 700
Houston. TX. 77002-3111 On March 29, 1985. a grievance conmlttee met to hear a grievance
713/222-5886 filed by a dlatrfct secretary who had been terminated. The cormnittee
vae appointed according to the folloving procedure of the Alaeo
Community College ‘District:
W6 Broadway, Suite 312
Lubbock. TX. 794014479
806/747-3238 The three-member grievantie coxmittee shall be ad
hoc. Its members shall be appointed by the
President (or Chancellor, as appropriate) from a
4399 N. Tenth. Suits B
list of six or more employeea agreed upon by (a)
McAllen, TX. 78501.1685
512/682-4547 the appropriate Vice President or Director of
Buainew Services (for college employees) or Vice
Chancel.lor (for District exployeea) and (b) the
200 Main Plus. Suite 400 elected head of the appropriate employee group or
San Antonio. TX. 78205-2797
(when the grievant is an administrator) an ACCD
512l225-4191
eeployc:r designated by the committee from an
elected or appointed pool, so long as the pool is
An Equal Opportunityl large enough to ensure that a small number of
Attirmative Action Employer employws are not asked to ~serve repeatedly.
Persow involved in the grievance process are
excludartl .
The grievance po:L:Lcy states as follows:
P
4. Within five (5) days after receiving the
grievfcxe committee’s recommendation. the
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-I
Honorable Carl A. Parker - PIIS~ 2 (311-340) ,
President (or Chancellor, for District office
employees) must communicate his or her decision in
vritlng to the involved parties. College
employees may appeal the Prealdent’ o decision to
the Chancellor c’s his/her designee. A final
appeal may be made to the Board of Trustees and
must be filed vlthin ten (10) days following the
last level of appeal. At the Board’s discretion,
such an appeal msy be handled either through a
review of the griwance record or through a formal
hearing. The final decision will be cmnicated
in vriting to the involved parties vlthin five (5)
days after the Bod%rdcompletes ite deliberations.
Alamo District Policy Manua:L, What’s What, Policy No. IV 4-29.
When the grievance ccmmlttee convened the March 29 hearing at
9:00 a.m., two reporters from the San Antonio College student
newspaper were present. The reporters had spoken to the employee
about attending the hearing and she did not object to their presence.
The chancellor’s special assistant told the reporters that the hearing
was closed. They attempted twice more to attend, without success.
The chancellor ultimately c;alled the campus police who arrived after
x the students had left the hearing room and were waiting outside the
building for it to end. Campus police ordered them to leave the
premises and filed dieordexly conduct complaints against them.
The Open Meetings Act applies to meetings of a “governmental
body” defined as follows:
(c) ‘Governmental body’ means [l] any board,
commission, department. committee. or agency
vithin the executive or legislative department of
the at&e, which Is under the direction of one or
more elected or appointed members; and (21 every
CommIssionera Court and ctty council in the state,
and every dellberatlve body having rule-making or
quasi-judicial power and clasalfied as a depart-
ment, agency, or political subdivision of a county
or city; [3] anli the board of trustees of every
school district,- and every county board of school
trustees and countv board of education: [41 and
the governing boaid of every special- district
heretofore or hereafter created by law. (Emphasis
added; numerals [ll. 121. [31. I41 added).
V.T.C.S. art. 6252-17, )l(c:). This definition is in four parts. See
generally Attorney General Opinion H-467 (1974). The first part gives _,
criteria for determining v’hich state level entities are governmental
p. 1549
gonorable Carl A. Parher - Page 3 (JM-340)
bodies. See generally Attorney General Opinion8 g-994 (1977); E-772
(1976); R-450, R-438. H-246 ((1974); R-3 (1973). The remainder of the
definition liars apecif ic local governmental entitles. See generally
Attorney General Opinions W-174 (1980) ; B-1281 (1978); g-554. E-496
(1975); g-450 (1974).
A comnity college district la a political subdivision.
Attorney General Opinion M-707 (1970). The legislature has named such
Institutions “conxsunity colleges” because they “seme their com-
munities not only through university-parallel programs but also by
means of occupational programs and other programs of community
interest and need.” Educ:. Code Il30.005. A community college
district board of trustees is governed by the law pertaining to
independent school districts, Insofar as it is applicable. Educ. Code
1130.084. Noreover , comrunity college districts are “school
districts” within article 1’1.1, section 3 of the Texas Constitution,
which authorizes school d:lstricta to levy and collect ad valorem
taxes. Shepherd v. San Ja$nto Junior College District. 363 S.W.2d
742 (Tex. 1963); see Educ. Code 0130.005 (junior colleges renamed
community colleges). In c,ur opinion. the trustees of a community
college district are truatoea of a “school district” within section
1 (c) of the Open Meetings Act. See also V.T.C.S. art. 6252-17.
Q3A(b), (e) (notice provisj,ona) . Thus, the board of trustees of the
Alamo Community College District is a governmental body within the
act.
Prior opinions eatablkh that an entity will be covered by the
Open Meetings Act if it is a “governmental body” which holds
“meetings.” as those tenw are defined in the act. See Attorney
General Opinions H-994 (1’3’17); H-772 (1976); R-438 (1974). These
opinions consider vhether the entity in question is described by the
express language of the definitions. Thus, a state-level entity will
be a governmental body within the act if it is “vithin the executive
or legislative department 3:E the state” and “under the direction of
one or more elected or ,q?pointed members.” See, e.g., Attorney
General Opinions E-994 (1!)?7) ; E-772 (1976); E-438 (1974). For a
local level entity to be a “governmental body” within the act, it must
be expressly included in the list of governmental bodies which
comprises the second branch of the definition. V.T.C.S. art. 6252-17,
51(c). That list names several specific governmental bodies. It also
establishes criteria for identifying deliberative bodies “classified
as a department, agency, or political subdivision of a county or
city.” See, e.g., Attorney General Opinions JM-4 (1983); D-467
(1974). The definition ,x[ governmental body does not, however.
inr.lude committees subordinate to the governing body of a school
district or junior college district such as the grievance committee.
Since the Alamo Comnunitf College grievance committee is not a
governmental body within th,e statutory definition, it is not subject
p. 1550
.
Bouorable Carl A. Parker - P1g8 b (JM-340)
to the Open Meeting8 Act. Tba March 29 hearing vas therefore not a
meeting subject to the Opeu Ileetings Act.
You next ask vhcther the chaucellor could order persons to leave
the premises of district headquarters. Since the grievance comittae
hearing was not subject to the Open Meetings Act, student reporters
had no right under that act to attend. Whether the chancellor could
properly order persons to 1t:ave the preuisea of district headquarters
depends upon all the facts and circumstances. The trustees of a
conmmity college "have the exclusive power to manage and govero" the
schools of the district. Eiuc. Code 123.26(b). They msy adopt "such
rules, regulations, and by-,lavs as they may deem proper." College
officials may enforce rules and regulations to deter disruption of the
educational environment. tansdale v. Tyler Junior College, 318 P.
Supp. 529 (D.C. 1970); l&l::8 v. Board of Trustees, Tarraat County
Junior College District, 480 S.W.2d 289 (Tex. Clv. App. - Fort Worth
1972, writ ref'd n.r.e.). d.ssuming the chancellor vas acting pursuant
to authority validly delegated by the trustees, he vas empowered to
order persons to leave district headquarters. See also Penal Code
942.05 (disrupting a meetiaf,).
SUMMARY
?
A grievance committee of the Alamo Conrrwnlty
,
College District is not a "governmental body"
within the Open Eleetiags Act, article 6252-17,
V.T.C.S.
J Ak
Very truly your
JIM MATTOX
Attoruey General of Texas
TOMGREBN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
ROBERTGRAY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Coxanittet!
Prepared by Susan L. Garriricln
Assistant Attorney General
p. 1551
. . .
, ,.
Ronorablo Carl A. Parkor - Page S (311-340)
APPROVED:
OPINIONCOMIITTIZE
Rick Gilpin, Chairman
Susm Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
Nancy Sutton
Sarah Woelk
Bruce Youngblood
p. 1552