Directors to hold public hearing despite an agenda not being posted
The Scurry County Hospital District board of directors is scheduled to hold the first of two public hearings on its proposed tax rate Wednesday morning, but it’s not clear the gathering will meet the state’s requirements.
A notice for the public hearing was posted at the hospital 72 hours prior to Wednesday’s 8 a.m. meeting and published in the Snyder Daily News.
However, an agenda for the meeting during which the public hearing is to take place was never posted. To work around that mistake, hospital officials said less than a quorum of members will attend Wednesday’s hearing.
Hospital district officials said the hospital district’s attorney told them the hearing could be held even though it will not be part of a meeting.
Because the agenda posting error was not discovered until Monday morning, holding a meeting, or for a majority of board members to be present at Wednesday’s hearing, is prohibited by the Texas Open Meetings Act.
Another attorney said because less than a quorum will be present, the gathering cannot be considered an official public hearing.
“The presiding officer can ‘call a meeting to order’ to first determine if a quorum exists. If not, the only action that can be taken is on a ‘motion to adjourn for lack of a quorum.’ Attendees can make comments if they wish but there is no public hearing, no record and no meeting,” wrote Lubbock attorney Don Richards, who works with Texas newspapers concerning Texas Open Meetings Act issues.
Last week, the district’s board adopted a proposed tax rate of 24.7 cents per $100 valuation for the upcoming fiscal year, which is down from the current 29.35 cents. While the rate is lower, it will bring in more ad valorem tax revenue than the current year, resulting in a tax increase.
The district is required by state law to hold two public hearings because of the proposed tax increase.
The second scheduled public hearing will be held at 8 a.m. Aug. 21. The district posted a board agenda for the Aug. 21 hearing on its website this morning. The public hearing is the only new business on that agenda. Both hearings will be held in the administration wing boardroom.