Bill Dugat presents at the June 2021 TAGD Regular Business Meeting.

1. CONDUCTING VIRTUAL MEETINGS DURING
PANDEMIC AND POST-PANDEMIC
Bill Dugat III
Bickerstaff Heath Delgado Acosta LLP
3711 S. MoPac Expwy.
Bldg. 1, Suite 300
Austin, TX 78746
bdugat@bickerstaff.com
TAGD
Regular Business Meeting
June 2021

2. Overview
• Conducting virtual meeting during COVID-
19 emergency
• Returning to pre-pandemic meetings by
teleconference or videoconference
• Changes in the Open Meetings Law

3. Virtual Meeting During Pandemic
• March 16, 2020 Governor temporarily
suspended certain OMA requirements
• In effect until terminated by the Governor or
the Disaster Declaration is lifted or expired
• Meetings may be held telephonically or
videoconference

4. Notice Requirements during Pandemic
• Notices for telephonic and videoconference meetings need
only be posted online
• Notice remain online continuously for 72 hours
• Online notice must include a toll-free dial-in number or a
free-of-charge videoconference link
• If an agenda packet normally circulated in face-to-face
meeting, then packet must be posted online with agenda

5. Public Comment during Virtual Meeting
• Requirements for public comment suspended provided,
however, board must provide alternative methods of
communicating with public official
• BUT “Members of the public still entitled to participate
and address the board during telephonic or
videoconference meeting”

6. Other Requirements for “Pandemic” Meetings
• Must have a quorum – can be separated
• Recording of the meeting must be made available to the public
• Requirements regarding the quality of the audio and video
(from DIR) suspended

7. • Emergency Meeting by Telephone
• Meeting by Videoconference
 Availble with limitations for District covering less than 3
counties
 Districts extending into 3 or more counties (available for
both regular & emergency meetings)
Virtual Meeting – No Pandemic

8. A meeting by teleconference call may only be held if:
• An emergency or public necessity exists and
• The convening at one location of a quorum of the board is
difficult or impossible
Meeting by Teleconference – No Pandemic

9. What’s an emergency?
• Immediate action is required because of an imminent threat to
public health and safety; or
• A threat relating to or a reasonably unforeseen situation
including:
 Fire, flood, earthquake, tornado, or wind, rain, or snow
storm;
 Power failure, transportation failure, or interruption of
communication facilities;
 Epidemic; or
 Riot, civil disturbance, enemy attack, or other actual or
threatened act of lawlessness or violence.
Meeting by Teleconference – No Pandemic

10. 1. Must provide notice applicable to “other meetings”.
2. The notice must specify as the location of the meeting where
board usually meets.
3. Each part of the meeting open to the public shall be audible at
the location in the notice.
4. The open meeting portion must be recorded and the recording
available upon request.
5. At the meeting location in the notice, the District must provide
two-way communication and the ID of each party to the
teleconference must be clearly stated before speaking.
Requirements for Emergency Meeting by
Telephone – No Pandemic

11. Meeting by Videoconference – No Pandemic
• The number of board members who can participate depends on the
geographical expanse of the district and whether it is an emergency
meeting
• Board members of a GCD that extends into three or more counties may
all participate by videoconference call for a regular board meeting
EXCEPT that the presiding board member must attend in person
• If it’s an emergency meeting, all board members may participate via
videoconference remotely for a district extending in three or more
counties
• All other GCDs (covering either one or two counties) must have a
quorum present at the meeting location, but any number beyond a
quorum may attend by videoconference
• Employees may participate remotely

12. Requirements for holding Videoconference
1. Audio and video feed must be broadcast live.
2. Notice must specify location of the quorum except for 3 or more
county GCD, the notice must specify the physical location of the
presiding officer.
3. Each open portion of the meeting must be visible and audible at
the location in the notice.
4. An audio recording of the meeting must be available to the
public.
5. There must be two-way audio video communication with each
person’s face visible and voice available while speaking.
6. The audio and video signals perceptible to the public must be
sufficient quality so that the public may observe the demeanor
and hear the voice.
7. The audio and video signals must meet or exceed DIR standards.

13. DIR Standards
1. Videoconferencing equipment must meet International
Telecommunication Union Standards for videoconferencing over
telephone or digital network and/or over the public internet or
data networks.
2. Videoconference must have a minimum 384KB transmission
speed.
3. At least one monitor, minimum size of 27”, must be available
and within full view of the public. Additional monitors should be
placed to ensure a clear view.
4. Audio should be similar in quality and volume as the local
audio.
5. Must be in color.
6. Must be audio and video-recorded.

14. Q: Can you use a web conferencing solution to video conferencing during
a board meeting?
A: Maybe.
“Some business-class web conferencing services specify that their
high-definition videoconferencing services meet…compression
protocols for videoconferencing.”
Proprietary vendor protocols may be used “as long as the governmental
body has received certification from the vendor stating that the
vendor’s equipment and proprietary software protocol release version
meets or exceeds the specified standards.”

15. Poor Connection?
• If communication is lost or disconnected member participating
is considered absent
• Must maintain a quorum to continue at physical location (or
otherwise for multicounty district)
• May recess for six hours or less to fix the issue

16. Participation by the Public, Consultants?
“Without regard to whether a member of the governmental body is
participating in a meeting from a remote location by
videoconference call, governmental body may allow a member of the
public to testify at a meeting from a remote location by
videoconference call.”
Representative of AG’s office indicated contractors and consultants
could participate via videoconference.

17. Participation by Attorney
A board may “use a telephone conference call, video conference call,
or communication over the internet to conduct a public consultation
with its attorney” in open or closed meeting.
Only applies if the attorney is not an employee.

18. Internet Broadcast of Open Meeting
A district may broadcast an open meeting over the internet.
The district must establish an internet site and provide access to the
broadcast from the site.
The meeting notice must be on the internet site.

19. CONDUCTING VIRTUAL MEETINGS DURING
PANDEMIC AND POST-PANDEMIC
Bill Dugat III
Bickerstaff Heath Delgado Acosta LLP
3711 S. MoPac Expwy.
Bldg. 1, Suite 300
Austin, TX 78746
bdugat@bickerstaff.com
TAGD
Regular Business Meeting
June 2021