Conroe Mayor Duke Coon has requested an opinion from Texas AG Ken Paxton on a possible loophole in the city charter that may allow a voting majority to meet privately.
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Conroe Mayor Duke Coon is seeking legal clarification from Texas Attorney General Ken Paxton on a potential loophole in the city charter that might permit a voting majority of the council to attend outside of a meeting that has been called by the public. A contradiction exists between the Texas Open Meetings Act and the rules that govern the city, which is the source of the existing problem.
When performing official city business, a quorum, which is defined as a majority of council members, is required to convene in public, as stipulated by state law. According to Conroe city law, a quorum is defined as four out of six council members, including the mayor, who do not have voting rights. On the other hand, given that a majority vote requires only three voting members, there is a risk that these members could meet privately without breaching quorum rules.
Coon has requested that the assistant attorney for Montgomery County, B.D. Griffin, make contact with the attorney general to receive direction for how to handle the situation. Coon declared in a letter dated February 25 that the wording of the charter creates severe concerns regarding the openness and public accountability of the organization.
In response to Coon's request, Councilmember Todd Arthur voiced his displeasure, stating that he would not consent to a modification in the charter without first having a conversation about it. On the other hand, Coon made it clear that he acted independently to seek clarification from the law.
The council will continue to address the topic during the session on March 26. During this time, other cities in Texas, like Bastrop, have altered their charters to promote transparency and prevent small majorities from holding private sessions behind closed doors.
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