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City attorney briefs Farmers Branch board members on open meetings, records and conflicts rules

June 27, 2025 | Farmers Branch, Dallas County, Texas


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City attorney briefs Farmers Branch board members on open meetings, records and conflicts rules
City Attorney Victor Flores told newly appointed and reappointed Farmers Branch board and commission members during orientation that the Texas Open Meetings Act requires public posting of meetings and restricts private deliberations by a quorum.

The guidance matters because board and commission members, while largely advisory, exercise public influence that must be exercised in public and in accordance with state law. Flores walked through posting timelines, executive-session limits, attorney-client privilege, disclosure of city-related communications on personal devices, and conflict-of-interest rules in the Local Government Code.

Flores said the Open Meetings Act defines a "meeting" as "a discussion or deliberation between a quorum" of members about public business and noted that a quorum on a seven-member body would be four members. He advised that, under current state guidance, agendas must be posted with three business days' notice and warned that attempts to circumvent the Act by serial one-on-one contacts can still constitute an unlawful quorum and may carry penalties. He said executive sessions are limited to specific statutory purposes, for example, legal advice (Texas Gov. Code §551.071), economic development and personnel matters, and that no formal action may be taken in closed session.

Flores emphasized that attorney-client privilege for executive sessions belongs to the governing body that received the advice and warned members against sharing confidential executive-session discussions outside the body. He also cautioned that communications about city business on personal devices are subject to public-records rules in many circumstances and advised members to assume such messages could be disclosed.

On conflicts of interest Flores summarized Local Government Code provisions often cited for board members. He said the statute defines a "substantial interest" as ownership of 10% or more of a business's voting stock, ownership valued at 10% or more or $15,000 or more of a business's fair market value, or receiving more than 10% of one’s gross income from the business in the preceding year. He advised members who suspect a conflict to contact their board liaison, the city secretary or legal counsel for individualized guidance and said factual details determine whether a recusal is required. He also noted procurement-related disclosure requirements under Local Government Code §176 and a 200-foot disclosure rule that may apply to zoning cases.

Flores encouraged members to raise legal questions through their staff liaisons so the city can determine whether an attorney should attend an agenda item and whether an executive session line should be posted. He also reviewed chair responsibilities for maintaining decorum during public hearings and urged chairs to enforce rules that prevent disruptions while protecting speakers' First Amendment rights.

During a brief question-and-answer period Flores said boards are generally advisory and that recommendations typically go to the city manager or city council for final action. He closed by offering contact information for the city attorney's office and advising members that the city secretary and staff liaisons are the quickest routes for routine questions.

The orientation included multiple references to Farmers Branch's code of ethics and to where members may find it online.

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