Saturday, June 8, 2019

Saturday night special - WALKING QUORUM ALERT!!!!

Just when you thought it was safe to have a lazy Saturday, you see this:



So what's the big deal with this photo?

Context, dear readers!

Look at the full article here and see the photo on the website for context:

http://kdhnews.com/copperas_cove_herald/hill-country-transit-to-request-slightly-less-money-from-copperas/article_9c26bf96-8981-11e9-9ade-373278080977.html

The reporter photographer names each of them and states they are talking to the HOP's urban operations director.

Why are FOUR members of the Copperas Cove city council talking openly with the head of the HOP transit bus system AFTER a public meeting on Friday?

Dear readers, a gathering of a majority city council members having a discussion with a representative of another entity is called a QUORUM.
In the case of our city council, the majority would be FOUR members. They MAY NOT discuss public business together OUTSIDE OF A SCHEDULED, CALLED MEETING.

This is ILLEGAL if they do.

The meeting was no longer in session, but adjourned.

So,

What were the four of them discussing with this man?

Were they talking about weekend plans?

Were they talking about the outlook for the Texas Rangers games?

Were they talking about whether they say TOMATO or TOMAHTO?

We don't know.

Were they discussing the workshop topic and how to fund the HOP?

Were any of them promising they’d try to find more funding?

What were they saying that they hadn’t said during the meeting?

Where does the city's share of funds to help the HOP come from?

Oh....dear readers, that would be GENERAL FUND. From the city's TAXPAYER dollars.

This needs to stop, dear readers...

The freshman members - Fred Chavez and Joann Courtland, are new to this, still. Fred Chavez, even less so.... he ought to know OPEN MEETINGS ACT regulations.

Let's see who gives them a pass.

Is this the legal TEXAS GOVERNMENT CODE? or merely GUIDELINES?

Does it matter? Should it? YES!

Here is a link to the Open Meetings Handbook, which Curmudgeon assumes these council people should know about

This is published by the Texas Attorney General and not pulled out of a Crackerjack Box.

https://www.texasattorneygeneral.gov/sites/default/files/2018-06/OMA_handbook_2018.pdf  

To make it even quicker, dear reader, here is some copy/paste from the booklet link above, the LEGALITIES regarding quorum:

"C. Gathering at Which a Quorum Receives Information from or Provides Information to a Third Party 
Section 551.001(4)(B) defines “meeting” as follows: 
(B) except as otherwise provided by this subdivision, a gathering:
 (i)that is conducted by the governmental body or for which the governmental body is responsible; 
(ii)at which a quorum of members of the governmental body is present; 
(iii)that has been called by the governmental body; and
 (iv)at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control. 

 The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, or the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, press conference, or the attendance by a quorum of a governmental body at a candidate forum, appearance, or debate to inform the electorate, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, press conference, forum, appearance, or debate
 
I'm sorry, dear readers That was a lot but it is necessary. This was a

I'm not just gonna slap a picture up on the blog without SHOWING you WHY this was an ILLEGAL action on the part of the council members. This constitutes and ILLEGAL meeting after the special meeting was adjourned.

No less illegal than the ones who were recalled back in 2008 due to a email exchange among the four of them on how to oust Odie O'Dwyer.

More copy and paste from the booklet:

D. Informal or Social Meetings 
When a quorum of the members of a governmental body assembles in an informal setting, such as a social occasion, it will be subject to the requirements of the Act if the members engage in a verbal exchange about public business or policy. The Act’s definition of a meeting expressly excludes gatherings of a “quorum of a governmental body at a social function unrelated to the public business that is conducted by the body.”141 The definition also excludes from its reach the attendance by a quorum at certain other events such as conventions, ceremonial events, press conferences, and candidate forums.142 In both instances, there is no “meeting” under the Act “if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, or press conference.”143


Dear readers, with all this, the things to note are DISCUSSION OF PUBLIC BUSINESS.

Which brings me back around to the question:
WHAT WERE THE FOUR OF THEM DISCUSSING WITH THE DUDE FROM THE HOP?

Just askin', dear readers.

3 comments:

  1. Replies
    1. Wow is right.......can we do a recall without knowing what they are talking about? The HOP is a waste of taxpayers money for Cove....two bus stops and sporadic schedule.....$100,000 up from about $47,000 per year for less service....NEEDS TO GO...I tried talking to this man and he would not discuss it....shady dealings..my personal opinion...with more and more bonds being set up we do not need this costly useless bus service.

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    2. Mrs. Furey, here is information from a past post about recalls.
      I shall perhaps post on the history of the most recent recall in Copperas Cove from 11 years ago. Why "dredge" this up? Because if we continue to tolerate the same behavior occurring now that happened in the past, we will continue to allow the same behavior to continue in the future.

      We deserve better!

      https://copperascovecurmudgeon.blogspot.com/2018/04/monday-monday-lets-talk-recall.html

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