Maverick County Hospital District Board’s Non-Compliance with Texas Open Meetings Act Cancels Special Meeting

By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.

The Maverick County Hospital District (MCHD) Board of Directors’ non-compliance with the Texas Open Meetings Act requirement of posting Notices of Public Meetings at least 72 hours before the scheduled public meeting caused that their Special Meeting set for Thursday, August 7, 2014, at 12 Noon, at the Second Floor Conference Room at the local hospital district’s offices located at 3406 Bob Rogers Drive, in Eagle Pass, Texas.

A Public Notice of the scheduled Thursday, August 7th, special meeting at 12 Noon was posted at the Maverick County Clerk’s Office on Monday, August 4th, at 4:50 P.M., less than 72 hours required by Texas law. The Public Notice posted on August 4th was signed by MCHD Board member Joaquin L. Rodriguez as he said “I signed it because Chairman Juan Manuel Farias and Board Secretary Humberto Duran were both out of town in Austin, Texas.”
Rodriguez added that he was not aware that the August 4th, 4:50 PM posting of the Public Notice was not in compliance with the 72 hours requirement.

After Board President Juan Manuel “Chuco” Farias called the meeting to order, Board member Ricardo E. Calderon called a point of order and advised President Farias and the Board that the August 4th at 12 Noon special meeting was not in compliance with the Texas Open Meetings Act requirement that all governmental board public meetings be posted within 72 hours before the meeting taking place. Board member Humberto Duran concurred with Calderon. Board President Farias acknowledged that Calderon was legally correct and the special meeting would have to be rescheduled to comply with the 72 hours requirement of the Texas Open Meetings Act. The meeting was adjourned. Present at the August 4th special board meeting were President Juan Manuel “Chuco” Farias, Vice-President Rito J. Valdez, III, Secretary-Treasurer Humberto Duran, Joaquin L. Rodriguez, and Ricardo E. Calderon.