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Council says EDC board's policy decision was "contrary to notice," asks EDC to send bylaw amendments to council
Summary
After receiving legal briefing from counsel for the Hutto Economic Development Corporation, council adopted a resolution finding the EDC board's March 10 policy decision "contrary to the notice provisions" of the Texas Open Meetings Act and asked the EDC to submit proposed bylaw amendments for council review.
The City Council on April 17 adopted a resolution finding that a policy decision by the Hutto Economic Development Corporation (EDC) board on March 10 was “contrary to the notice provisions of the Texas Open Meetings Act,” and asked the EDC to forward proposed bylaw amendments for council review.
Background: The HEDC’s counsel, Audrey Guthrie, told the council the EDC’s March 10 actions were taken after consultation with the corporation’s general counsel and were intended to protect the confidentiality of the board’s attorney‑client communications while the board prepared more specific bylaw language. Guthrie said the board had discussed a bylaw amendment and, pending adoption of a more detailed bylaw, voted to temporarily restrict attendance at EDC executive sessions to board members, the executive director and the corporation’s general counsel unless the board authorized other attendees in open session.
City counsel and some council members questioned whether the March 10 decision effectively enacted a new policy that was not specifically posted on the meeting agenda and therefore did not give the public sufficient notice. After debate, council amended the draft resolution’s language to say the “policy decision” — rather than asserting a statutory TOMA violation — was “taken contrary to the notice provisions” of the Texas Open Meetings Act. The revised resolution passed unanimously (6–0).
Council action and next steps: Council asked the EDC to transmit proposed amendments to the Type A and Type B corporation bylaws for municipal review and requested a TOMA refresher for council and boards/commissions. EDC counsel said the EDC will meet again to finalize proposed bylaw language and the board also passed a post‑meeting resolution (April 14) affirming its position that the March 10 discussion was conducted with counsel and that the board intended to amend bylaws.
Vote: The council resolution (R2025-111) was adopted 6–0. Councilmembers said they expect the EDC to provide draft bylaw amendments for formal consideration and a public process.
