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County attorney says unanimous vote needed before closed negotiations; LCRA officials attend Gonzales County meeting
Summary
Gonzales County’s attorney advised the court that state law requires a unanimous vote and a written determination before entering executive session for certain contract negotiations. Representatives from the Lower Colorado River Authority were present and the court scheduled a special meeting to resolve the procedural issue.
GONZALES COUNTY — Gonzales County commissioners debated whether to move into a closed executive session on a contract matter with the Lower Colorado River Authority after the county attorney advised that, under the cited Texas Government Code provision, the court must first record a unanimous determination that open deliberation would be detrimental.
The attorney told commissioners the statutory exception requires a unanimous vote and a determination before an executive session may lawfully proceed on certain negotiations, and cautioned that failing to follow those requirements could violate the Open Meetings Act. He said the written determination normally accompanies such a vote.
Eric Anderson, a representative of the Lower Colorado River Authority who attended the meeting, said his group did not expect negotiations to be conducted in open court and was available to answer questions. "I would never wanna do anything that's detrimental to Gonzales County," Anderson said, and offered to respond to commissioners’ questions about the notice of award and related materials.
Commissioners expressed frustration that the statutory requirement had not been raised earlier and discussed options for proceeding, including (1) conducting more discussion in open session, (2) authorizing a county official to negotiate off‑court, or (3) convening a special meeting with the required notice to handle the executive‑session vote or appoint an authorized negotiator. The court agreed to pursue a special call meeting to resolve the procedural requirement and next steps.
The exchange kept a previously noticed executive‑session item from starting at this meeting. County staff and commissioners said they would coordinate to meet the legal prerequisites before pursuing any closed negotiations related to the LCRA contract.
