A five-minute break called by Mayor Cindy Siegel during Monday night’s Bellaire City Council meeting could possibly have violated the Open Meetings Act. The break was called as council was voting on board and commission appointments.
Council was discussing the appointment of three residents to serve two-year terms and one resident to serve a one-year term on the city’s Board of Adjustment when apparently it became obvious that due to overlapping applications, there could be a shortage of applicants for the Building and Standards Commission.
Siegel called a five-minute break so she could “go over her notes.” After saying she needed the break, she then said maybe the audience could take a five-minute break. Siegel looked over paperwork while still sitting in her seat in council chambers, spoke without a microphone to Councilwoman Peggy Faulk, then left chambers and went into a back room as the rest of council, with the exception of absent Councilman Will Hickman, continued discussions of an unknown nature without the use of microphones.
Eventually Faulk and Councilman Phil Nauert joined Siegel in the back room.
When questioned about the unusual circumstances, City Attorney Alan Petrov said council was technically not violating the Open Meeting Act, since no four couniclmembers, which would constitute a quorum, were speaking together at the same time.
He did, however, use his microphone to tell council members Jim Avioli, Pat McLaughlan and John Jeffery that they were “not to talk about government business” because council was on a break. Siegel, Faulk and Nauert were already in the back room when Petrov made the announcement.
Siegel returned to Council Chambers, and said she and Faulk had “made a couple of phone calls” while not in Council Chambers and solved the issue of board appointments.
Tue, Jun 16, 2009
City Government