The Attorney General released an opinion last week answering whether general agenda items such as "City Manager’s Report," "Mayor’s Update," and Council and Other Reports" provide enough specificity to satisfy the Open Meeting Act’s requirements for proper notice to the public. 

Many agendas for city councils, commissioners courts, school board trustees, and hospital district board of directors include similar "catch-all" agenda items to allow for staff or officers to address an issue not on the agenda.  This AG opinion requires that any topic discussed or deliberated at a public meeting be specified on the agenda with enough particularity to notify the public of the topics being discussed.  This includes such innocuous topics as upcoming holiday schedules, reports from a recent educational conference, or congratulating staff for a job well done.

The only notable exception to this general rule is found in Texas Government Code § 551.042, which allows a statement of factual information or recitation of existing policy in response to an inquiry from the public or the governmental body.  Attorneys should be cautious when allowing discussion under this exception, however, as factual statements can easily wander into editorial comments.