Texas Association of Counties

10/10/2024 | News release | Distributed by Public on 10/10/2024 15:38

Can the commissioners court deliberate contract negotiations in a closed meeting

"We have an important contract under negotiation to discuss at the next commissioners court meeting. We'd like to deliberate in a closed meeting. Is there anything we need to do before, during or after to follow the rules of the Open Meetings Act?"


Can the commissioners court deliberate contract negotiations in a closed meeting?

Pursuant to Government Code §551.0725, the commissioners court may conduct a closed meeting to deliberate business and financial issues related to a contract being negotiated by the county. The court must first vote unanimously that deliberation in an open meeting would have a detrimental effect on the court's position in negotiations with a third-party. The attorney advising the court must also issue a written determination to that effect. The commissioners court must also make a recording of the closed meeting proceedings. For more information on closed meetings, see our publication Open Meetings Act.