NEWSPAPER MUST BE NOTIFIED OF ADMINISTRATIVE NUISANCE HEARINGS

28 Sep NEWSPAPER MUST BE NOTIFIED OF ADMINISTRATIVE NUISANCE HEARINGS

September 28, 2022

Request:  Did the City of Crosby violate the open meetings and open records laws by failing to provide notice of a special meeting and denying a request for records?

Conclusion:  A quorum of the Crosby City Council met and held administrative nuisance hearings prior to the regular City Council meeting on July 12, 2021.  The City did not prepare a notice or meeting agenda for the nuisance hearings.  No notice was posted at any of the required locations, nor was the newspaper provided notice of this special meeting.  Therefore, the City Council violated the open meetings laws.

The requestor asked for various documents including minutes and notes pertaining to the July 12, 2021, administrative hearings.  The City provided the requestor with a copy of the ordinance on which the administrative hearings were held but denied other records stating they were protected by attorney client privilege.  Some of these records do not meet all three of the requirements for the attorney work product exemption.  Therefore, the City Council violated the open records laws.

Opinion 2022-O-09