W.F. (Kirk) Holland, New Requirements for Posting Notices of GMA Planning Committee Meetings

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  • 1. New Requirements for Posting Notices of GMA Planning Committee Meetings TAGD Quarterly Meeting November 30, 2011 W F (Kirk) Holland, P.G. Barton Springs Edwards Aquifer Conservation District
  • 2. The New Statutory Language onGMA Meetings: §36.108(e) – Part 1 “Except as provided by this section, a joint meeting under this section must be held in accordance with Ch. 551, Government Code. Each district shall comply with Chapter 552, Government Code. The district representatives may elect one district to be responsible for providing the notice of a joint meeting that this section would otherwise require of each district in the management area.Barton SpringsEdwards AquiferConservation District
  • 3. The New Statutory Language onGMA Meetings: §36.108(e) – Part 1 Upshot of this part:  GMA meetings themselves are subject to OMA, regardless of GCD board quorum attendance or non-attendance.  GMA documents are public info subject to PIA via GCDs.  GMA Committee has option of either 1) designating one district for this responsibility; or 2) having each district post appropriate notices in their areas.  If the former, the designated district must post in all counties of all GCDs in the GMA, not just their own;  If the latter, all postings in all the counties should be substantively identical; one notice per county.Barton SpringsEdwards AquiferConservation District
  • 4. The New Statutory Language onGMA Meetings: §36.108(e) – Part 2 “Notice of a joint meeting must be provided at least 10 days before the date of the meeting by: 1) Providing notice to the secretary of state; 2) Providing notice to the county clerk of each county located wholly or partly in a district in the management area; and 3) Posting notice at a place readily accessible to the public at the district office of each district located wholly or partly in the management area.Barton SpringsEdwards AquiferConservation District
  • 5. The New Statutory Language onGMA Meetings: §36.108(e) – Part 2 Upshot of this part:  GMA meeting agendas must now be posted with Secretary of State (once per meeting; typically will be Coordinator function)  GMA meetings require 10-day notice, not just 72 hours as a regular district meeting.  GMA meetings may now by intent have more, and more knowledgeable, stakeholder participation.Barton SpringsEdwards AquiferConservation District
  • 6. The New Statutory Language onGMA Meetings: §36.108(e) – Part 2 Upshot of this part (continued):  Even counties that are wholly or just partially in one GCD of a GMA but are entirely outside that GMA itself apparently must also be posted.  GMA meeting agendas must be physically posted at all member GCD offices just like regular Board meetings but 10 days in advance.Barton SpringsEdwards AquiferConservation District
  • 7. The New Statutory Language onGMA Meetings: §36.108(e) – Part 3 “The secretary of state and the county clerk of each county described by Subsection (e) shall post notice of the meeting in the manner provided by Section 551.053, Government Code.Barton SpringsEdwards AquiferConservation District
  • 8. The New Statutory Language onGMA Meetings: §36.108(e) – Part 3 Upshot of this part:  GMA meeting agendas must have substantially the same info posted in each county of each GCD of the GMA and with the SoS.Barton SpringsEdwards AquiferConservation District
  • 9. The New Statutory Language onGMA Meetings: §36.108(e) – Part 4 “Notice of a joint meeting must include: 1) The date, time, and location of the meeting; 2) A summary of any action proposed to be taken; 3) The name of each district located wholly or partly in the management area; and 4) The name, telephone number, and address of one or more persons to whom questions, requests for additional information, or comments may be submitted.Barton SpringsEdwards AquiferConservation District
  • 10. The New Statutory Language onGMA Meetings: §36.108(e) – Part 4 Upshot of this part:  GMA meeting agendas must be crafted to contain the required info (as well as have identical info posted in each county and the SoS);  For example:Barton SpringsEdwards AquiferConservation District
  • 11. Example of Compliant Notice NOTICE OF OPEN MEETING Groundwater Management Area # 10 Joint Planning Meeting Tuesday, December 6, 2011 11:30 a.m.As required by Section 36.108(e), Texas Water Code, a meeting of the Groundwater ManagementArea 10 Joint Planning Committee will be held on Tuesday, December 6, 2011 at 11:30 am at theConference Center of the Edwards Aquifer Authority, 1615 N. St. Mary’s, San Antonio, TX 78215 forpurposes of conducting joint planning . The Planning Committee comprises designated DistrictRepresentatives from the following groundwater conservation districts located wholly or partiallywithin Groundwater Management Area 10: Edwards Aquifer Authority, Guadalupe County GCD,Medina County GCD, Uvalde County UWCD, Plum Creek CD, Barton Springs Edwards AquiferCD, Hays Trinity GCD, Trinity Glen Rose GCD and Kinney County GCD .At this meeting, the following business may be considered and recommended for Joint PlanningCommittee possible action: Agenda1. Call to Order. . .Barton SpringsEdwards AquiferConservation District
  • 12. Example of Compliant Notice Agenda (continued)6. .7. .8. Set next meeting time and location9. Adjournment. Further information, questions, or comments concerning any aspect of this meeting should be directed to Mr. Rick Illgner, GMA 10 Planning Committee Coordinator, Edwards Aquifer Authority, 1615 N. St Mary’s, San Antonio, TX 78215; rillgner@edwardsaquifer.org; or (210)-477-5140.Came to hand and posted on a Bulletin Board in the Courthouse, _________ County, Texas, on this, the 23rd day of November, 2011 at _________ .m. ____________________________, Deputy Clerk _____________ County, TEXASBarton SpringsEdwards AquiferConservation District
  • 13. The New Statutory Language onGMA Meetings: §36.108(e) – Part 5 “The failure or refusal of one or more districts to post notice for a joint meeting under Subsection (e)(3) does not invalidate an action taken at the joint meeting.”Barton SpringsEdwards AquiferConservation District
  • 14. The New Statutory Language onGMA Meetings: §36.108(e) – Part 5 Upshot of this part:  This isn’t just a get-out-of-jail free card if one GCD forgets to post a GMA meeting agenda physically at its location.  A GCD that refuses to post at its office a GMA meeting that, say, has a potential action item that it doesn’t support is not allowed to invalidate the GMA action.  It only applies to the physical posting at the GCD.Barton SpringsEdwards AquiferConservation District
  • 15. A Final Caveat TWDB has a rulemaking process underway to implement various provisions of SB 660/737/332. The TWDB probably will not promulgate their rules until March 2012. It is conceivable that the new rules could be based on a slightly different interpretation of certain aspects of the statute and modify some of the conclusions and guidance in this presentation.Barton SpringsEdwards AquiferConservation District
  • 16. Take-away We need to dot all our “i”s and cross all our “t”s with respect to these new requirements so that hard-earned GMA decisions cannot be challenged solely on procedural grounds.Barton SpringsEdwards AquiferConservation District
  • 17. For More Information 1. Talk to your attorney. 2. I will be happy to share my thoughts with you: Kirk Holland, P.G. E-mail: kholland@bseacd.org District Office: (512) 282-8441Barton SpringsEdwards AquiferConservation District