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October 14, 2002 <br />Page 12 of 35 <br />prepare and keep minutes or make a tape recording of its meeting. As a minimum <br />the minutes must identify the matter being discussed, by reference to the agenda and <br />indicate each vote, order, decision or other action taken on that item. The minutes <br />and tape recording of each meeting become public record. There are some <br />exceptions to that on executive sessions but we won't need that. You will notice that <br />we have a tape recorder and the microphone at the center table for this meeting. <br />That's the reason why. We are taking minutes of this meeting today. No action may <br />be taken on any matter not on an agenda. All actions, that is all voting, must occur <br />publicly and during the course of the meeting. There cannot be any discussion of <br />voting beforehand, preordained and preestablished, predetermine votes. Your vote <br />should be based on the matter as presented during the course of your meeting. It is <br />likewise a violation of the law for the members of the commission to meet in <br />numbers of less than a quorum; that is three together in a coffee shop to discuss <br />public business, business within the purview of the commission, with the intent to <br />circumvent the intent of the Open Meetings Act which is to have all such discussions <br />public. The purpose here is to meet, deliberate, and decide in your meeting <br />following the posting of a duly noted, duly fulfilled, duly completed and duly filed <br />agenda. Any action taken by the commission in violation of the law is voidable. <br />Members of the commission who potentially circumvent the requirements of the law <br />and or participate in an unlawful meeting are subject to criminal sanctions including <br />fines and imprisonment. I don't know of any way to sugarcoat that. It is something <br />that we live with day to day. That is the law in Texas. Are there any questions on <br />the Open Meetings Act? <br />Certainly sobered the group there. It is kind of hard to find mirth and laughter in <br />that. <br />Man (1) I would like a copy of that. <br />Mr. Schenk: You don't have a copy of this? <br />Man (1) I thought you had something different than that. <br />Mr. Schenk: No, no, no. This is just the... <br />Really there is not a whole lot more that is going to affect the operations of these <br />commissions. Other than what I summarized here. <br />Man (2) Explain to me again Number 10. Because what I got is that you couldn't discuss any <br />of this other than in a public meeting. <br />Mr. Schenk: I have spent considerable time with members of the Attorney General's staff, several <br />times over many years, discussing this issue. I think that the primary purpose of that <br />is just what I suggested to you. Two or three members.... I will give you the classic <br />