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Office of the Attorney General
State of Texas


July 27, 1990

Honorable Marcus D. Taylor
Criminal District Attorney
Wood County
P. O. Box 689
Quitman, Texas 75783

Letter Opinion No. 90-048

Dear Mr. Taylor:

You ask whether the Texas Open Meetings Act, article 6252-17, V.T.C.S., requires that meetings in which certain personnel matters are discussed must be open to the public.

Section 2(g) of the Open Meetings Act provides as follows:

Nothing in this Act shall be construed to require governmental bodies to hold meetings open to the public in cases involving the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear complaints or charges against such officer or employee, unless such officer or employee requests a public hearing.

That provision requires meetings at which the listed personnel matters are to be discussed to be open to the public if the affected officer or employee requests that the meeting be open to the public. Otherwise, the governmental body may choose whether such a meeting will or will not be open to the public. Even if the affected officer or employee requests that such a meeting be closed to the public, section 2(g) of the Open Meetings Act, does not require the governmental body to comply with the officer's or employee's request.

Attorney General Opinion JM-1191 (1990) (governmental body to close such a meeting to the public).

      Very truly yours,

      Sarah Woelk
      Chief
      Letter Opinion Section


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