Open Meetings of University Committees to
UPPS
No. 01.04.04
Members of the Press and Public Issue
No. 3
Effective Date:
09/30/04
Review:
September 1 E6Y
01. POLICY STATEMENTS
01.01 This policy statement describes the
circumstances under which the public may attend meetings of university
committees.
02. DEFINITIONS
02.01 As used in this policy statement,
"committee" includes those committees listed in the University's most
recent "Roster of Councils
and Committees" and all other committees formed since publication of
the roster. The term does not include councils listed in the "Roster of Councils and Committees"
nor does it include meetings of the staffs of university administrators or
academic department chairs. Meetings of councils and staffs are traditionally
and ordinarily closed to the public. The official version of the "Roster of Councils and Committees"
is available on the University Website by October 1 each year.
02.02 As used in this policy statement,
"public" means all persons not members of the committee involved.
03. IDENTIFICATION OF
APPLICABLE LAW
03.01 The Texas Open Meetings Act, Texas Government
Code, Chapter 551, requires that meetings of governmental bodies be open to the
public, with certain exceptions. The Act defines the word "meeting"
as "a deliberation between a quorum of a governmental body or between a
quorum of a governmental body and another person, during which public business
or public policy over which the governmental body has supervision or control is
discussed or considered or during which the governmental body takes formal
action. . . "
03.02 The Family Educational Rights and Privacy Act
of 1974 (20 USCA, Section 1232g (1974)), also known as FERPA or as the Buckley
Amendment, prohibits educational agencies from releasing the education records
of students under specified circumstances.
03.03 All councils and committees of the University
are subject to the following resolution adopted by the Board of Regents, Texas
State University System, on August 13, 1976:
R E S O L U T I
O N
WHEREAS, The Board of Regents, Texas
State University System, exercises exclusive and final authority to supervise
and control all matters concerning the public business of each university in
its jurisdiction; and
WHEREAS, The president of each
institution is charged by the Board of Regents with the responsibility of
developing and maintaining efficiency and excellence within the institution
committed to his charge; and
WHEREAS, In meeting this responsibility,
the president may appoint faculty, staff members, and students to councils,
committees, and other bodies to review and make recommendations to the Office
of the President of the university on any matters assigned for consideration by
the president, now
THEREFORE, BE IT RESOLVED That the authority
of all advisory councils, committees, and other bodies shall be limited to
reviewing, offering suggestions, and making recommendations on any pertinent
matters related to the university's operation; and
BE IT FURTHER RESOLVED That all such
recommendations and suggestions shall be made to and channeled through the
Office of the President of the university; and that the responsibility for
directing, controlling, or supervising the operations or activities of the
university shall reside in the President, subject to the final authority of the
Board of Regents and to such review and approval as may be determined by the
Board.
03.04 The Attorney General of
04. PROCEDURES
FOR DETERMINING WHETHER COMMITTEE MEETINGS SHOULD BE OPEN OR CLOSED
04.01 The University recognizes that people should
have access to meetings at which business or policy affecting the University is
discussed. Although not required by law, it is the policy of the University
that persons are, unless otherwise expressly prohibited by university policy,
or by decision resulting from implementation of that policy, entitled to attend
meetings of university committees. Therefore, except as otherwise provided in
this policy statement, all meetings of university committees shall be open to
the public unless the presiding officer of the committee, after consultation
with the other members, declares that for any reason, all or any portion of the
meeting shall be closed to the public.
04.02 Although the presiding officer of the
committee is required to consult with the other members of the committee before
making a decision as to whether the meeting shall be open or closed, the
chair's decision shall be final, and is not necessarily governed by the
feelings or a vote of the other members on the meeting.
04.03 The presiding officer of a university
committee may exclude any witness from a hearing during examination of another
witness in a matter being investigated.
04.04 All or any part of the proceedings in a public
meeting of any university committee may be recorded by any person in attendance
by any means of sonic reproduction unless the presiding officer directs
otherwise. It is the responsibility of the presiding officer to ascertain: 1)
whether a recording device will be used during a meeting and 2) whether a
member of the press is present at a meeting. In either event, the presiding
officer will announce such fact to the other members. Surreptitious use of a
recording device is a violation of university policy and subjects the user to
expulsion from the meeting. In addition, university employees and students who
use recording devices surreptitiously under these circumstances are subject to
disciplinary sanctions.
04.05 A presiding officer who has any question
regarding the legality of opening or closing a meeting to the public may seek
advice from the University Attorney.
05. PROCEDURES FOR IDENTIFYING EXCEPTIONS TO
THE
05.01 Private consultations between a university
committee and an attorney ordinarily should be closed when the committee seeks
the advice of the attorney.
05.02 The President of the University has the
authority to direct that all or any portion of any meeting of any university
council, committee or recognized student, faculty or staff organization be
closed or opened to the public.
05.03 The public should be excluded from a meeting
during which the attendees discuss the purchase, exchange, lease or value of
real property, contract negotiations, or prospective gifts or donations to the
University when such discussion would have a detrimental effect on the
negotiating position of the University.
05.04 This policy does not require committees to
hold meetings open to the public in cases involving the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of a
university faculty member or staff employee or student, or to hear complaints
or charges against a student or employee of the University. If an employee
requests an open meeting in writing, the presiding officer may, at his or her
sole discretion, open the meeting to the public. Student disciplinary hearings
are always closed.
05.05 This policy does not require university
committees to deliberate in open meetings regarding the deployment or
implementation of security personnel or devices.
05.06 Meetings of committees at which information
(other than directory information) contained in education records of students
is revealed or discussed should be closed to the public unless written consent
for the release of such information is obtained from each student.
06. PROCEDURES FOR DEALING WITH UNAUTHORIZED
DISCLOSURE OF CONFIDENTIAL DATA TO COMMITTEE MEMBERS
06.01 If a university committee, in a closed
meeting, discusses matters deemed confidential by the presiding officer, the
presiding officer shall have the responsibility of informing the committee
members of the confidential nature of the business discussed.
06.02 If, thereafter, the presiding officer or one
of the committee members discloses that confidential information to the news
media or public, that person shall be accountable for such release.
07. PROCEDURE FOR
DISTRIBUTION OF POLICY
07.01 The Special Assistant to the President will
include a statement of the key requirements of this UPPS in each publication of
the "Roster of Councils and
Committees". The official version of the "Roster of Councils and Committees"
is available on the University Website by October 1 of each year.
08. REVIEWERS OF THIS
UPPS
08.01 Reviewers of this UPPS include the following:
Position Date
University
Attorney September
1 E6Y
Assistant Vice
President for University September
1 E6Y
Advancement, Media
Relations &
Publications
09. CERTIFICATION
STATEMENT
This UPPS has been approved by the
following individuals in their official capacities and represents
University Attorney; senior reviewer of
this UPPS
Special Assistant to the President
President