Commission Agenda Item No. 1
Presenter: James Murphy
Action
Temporary Commission Meeting Policy Regarding Meeting Procedures
May 27, 2021
I. Executive Summary: With this item, the staff seeks the Texas Parks and Wildlife Commission’s (Commission) reinstatement of provisions of Commission Policy CP-001 regarding in-person participation at Commission meetings and continuation of the remaining provisions of the temporary public participation policy. This temporary policy is necessary to protect public health and safety during the COVID-19 pandemic while the Commission conducts its essential public business.
II. Discussion: Commission Policy CP-001 contains a number of provisions regarding in-person participation by members of the public at Commission meetings. Due to the COVID-19 pandemic, the Commission adopted a temporary meeting policy during its open meeting on August 27, 2020 to conduct its meetings by teleconference in lieu of holding in-person public meetings. With the decline in COVID-19 infections in Texas, in-person participation at Commission public meetings will be allowed so long as certain health and safety protocols are followed. In addition, public participation by teleconference will remain an option. Accordingly, the Commission will reinstate those portions of CP-001 that relate to in-person participation at a Commission meeting and will also continue temporary measures applicable to a meeting held by teleconference. The reinstatement of the permanent provisions and continuation of the temporary provisions are effective immediately and will remain in effect until amended or repealed by the Commission voting in public session.
The Office of the Governor (OOG) and the Office of the Attorney General (OAG) have recognized the challenges inherent in complying with the Open Meetings Act (Texas Government Code chapter 551) during the COVID-19 pandemic. In response to the OAG’s request, the OOG has waived a number of the requirements of the Open Meetings Act. The OOG has directed, however, that agency public meetings held by teleconference or videoconference during the declared COVID-19 emergency meet the following minimum standards for public participation:
- The agency must set up a toll-free dial-in number that provides two-way communication between members of the public and the Commission;
- During the meeting, the public must be able to both hear the meeting and address the Commission;
- The meeting must be recorded, and the recording must be available for public access;
- Every party to the meeting, including Commissioners, employees, and members of the public, must be identified prior to speaking; and
- If there are technological difficulties or audio is hard to understand, the agency must address these problems and potentially recess the meeting.
The temporary measures will allow the public to participate in Commission meetings in compliance with the OOG’s minimum standards, in addition to resumption of in-person public participation at Commission meetings. Lists of the temporary and reinstated policy provisions are attached as Exhibits A and B.
III. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the proposed motion:
“The Texas Parks and Wildlife Commission reinstates the suspended provisions of Commission Policy CP-001 listed in Exhibit B and continues the temporary policy provisions listed in Exhibit A regarding public participation in Commission meetings. This Commission action is effective immediately and will remain in effect until amended or repealed by the Commission voting in public session.”
Attachments – 2
Commission Agenda Item No. 1
Exhibit A
TEMPORARY COMMISSION POLICY PROVISIONS:
Members of the public who wish to offer oral comment to the Commission on specific items during a Commission meeting must follow the procedures for registration and call-in that are provided on the TPWD website.
During the meeting, the public must be able to both hear the meeting and address the Commission.
The meeting must be recorded, and the recording must be available for public access.
Every party to the meeting, including Commissioners, employees, and members of the public, must be identified prior to speaking.
If there are technological difficulties or audio is hard to understand, the Texas Parks and Wildlife Department will address these problems, and the Commission may recess the meeting.
Any person who makes profane or personally threatening remarks or comments to TPWD staff, a member of the Commission, or others in attendance, or who engages in any behavior that substantially disrupts the orderly conduct of any Commission meeting shall, at the discretion of the presiding officer, be muted, removed from the teleconference, or otherwise prevented from disrupting the meeting. Failure of a speaker or a member of the audience to comply with the presiding officer’s direction to cease comments or behavior that violates these rules is grounds for being muted, removed from the teleconference, or otherwise prevented from disrupting the meeting.
Commission Agenda Item No. 1
Exhibit B
REINSTATED PROVISIONS OF COMMISSION POLICY CP-001:
In addition to the oral public comment opportunity described in this policy, the public can participate in Commission decision-making by submitting written comments prior to action by the Commission. All timely written comments (submitted to the clerk of the Commission with at least 10 copies at least 1 hour prior to the start of the meeting at which Commission action may be taken) will be made available to the Commissioners prior to the start of the meeting.
Or, comments can be hand delivered or mailed to:
General Counsel, Texas Parks and Wildlife Department
4200 Smith School Road
Austin, TX 78744.
Prior to any Commission vote or action on a particular agenda item, each person who wishes to speak must sign up on a form that is made available by the Clerk a reasonable time prior to the start of such meeting at the location of the meeting.
Members of the public who have timely submitted the form to offer public comment on the specific item will be called individually in the order determined by the presiding officer.
A “stoplight” system is used to signal how much time a speaker has remaining. The yellow light means that a speaker’s time is almost over. The red light means that a speaker’s time is up and the speaker must leave the podium so that others may speak.