New H’wick council to revisit early issue

The new Howardwick City Council took office in a called meeting last Friday, May 11, but will revisit one of its first actions to stay in compliance with the Open Meetings Act.

Four of the five citizens elected to the council on May 5 took the oath of office. City Secretary Sandra Childress administered the oath to Aldermen Doc Holladay, Marietta Baird, Debbora Sharpton, and Brice Hawley. Alderman-elect Johnny Floyd was not present, but was chosen by his fellow council members as the city’s new mayor pro-tem.

Mayor Greta Byars discussed the appointment of a Planning & Zoning Commission for the city as provided for by ordinance.

The code says the mayor and aldermen make up the planning and zoning commission or it allows the mayor and aldermen to appoint people to serve as the commission. A motion was approved Friday night to appoint the mayor, council, and resident Sam Grider to the commission, pending Grider’s acceptance of the appointment.

After the meeting, it was brought up that a commission made of up a quorum of the council would have to abide by the Open Meetings Act, including posting an agenda 72 hours before each meeting.

Just over one year ago, the Clarendon College Board of Regents found themselves in a similar situation after appointing half of its then members to a committee. Don R. Richards, a Lubbock attorney specializing in media law and serving as an Advisory Director of the Freedom of Information Foundation of Texas, told the Enterprise at that time that state law is clear on such matters.

“Committees appointed by a governmental body also are subject to open records requirements,” Richards said. “In addition, committees of the board, as well as committees appointed by the board which may involve a mixture of either board members and private members, are also ‘governmental bodies’ under Texas law and are therefore subject to open meetings laws when such committees have been delegated final authority by the board.”

The powers of the Planning and Zoning Commission, according to the code of ordinances, “include the enforcement of restrictions in force and the addition of certain other amendments to be determined, that contribute to the orderly and pleasing development of a genteel retirement and recreation city.”

Howardwick City Hall said this week there will be no meetings of the planning and zoning commission until a called meeting of the city council can be held to revisit this issue.