Weathering the Storm: School Board Meeting Updates

by Jonas Sims
As many of you are aware, significant winter weather is taking place across parts of Texas this weekend and into early next week. Along with this winter storm comes concerns regarding whether scheduled board meetings may be postponed and later convened due to hazardous conditions without violating the Texas Open Meetings Act.
Under Texas Government Code section 551.0411, if a governmental body is unable to convene a properly posted meeting because of a catastrophe, it may convene the meeting in a convenient location within 72 hours of the originally scheduled date and time, provided the action is taken in good faith and not to circumvent the Act. The statute expressly contemplates events that physically interfere with the ability to hold the meeting as scheduled.
Winter weather, including snow, sleet, and freezing rain, may create unsafe conditions that qualify as a catastrophe when it prevents board members or the public from safely attending the meeting. Where a district is subject to a Winter Storm Warning or similar advisory and road conditions are expected to be hazardous, postponing the meeting for safety reasons falls squarely within the purpose of Section 551.0411.
Accordingly, if a board is unable to meet as scheduled due to the winter storm, it may reconvene the meeting at a convenient location within 72 hours of the original meeting time, so long as the decision is driven by legitimate safety concerns and not an attempt to avoid the requirements of the Texas Open Meetings Act.
If you anticipate weather-related disruptions to a posted meeting or would like assistance ensuring compliance with notice and rescheduling requirements, please do not hesitate to contact our office.
Stay safe and warm this weekend.