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e e 2.3 "Deliberation" means a verbal exchange during a meeting between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business. 2.4 A Posted Notice is required of a meeting of a City governmental body. Written notice of the date, hour, place, and subject of each meeting must be posted on a public bulletin board, located at a place convenient to the public in the City Hall for at least 72 hours preceding the scheduled time of the meeting. Only those matters posted can be discussed and acted on by the governmental body. 2.5 Minutes are required to be prepared or a tape recording made of each open meeting. 2.6 Closed Meetings. The Texas Open Meetings Act, does allow for closed or executive meetings on a few limited subjects. Closed meetings are allowed to discuss pending litigation, certain personnel matters, and the lease or acquisition of land. However, before a closed meeting can be held, a quorum of the governmental body must convene in an open meeting and the presiding officer publicly announce that a closed meeting will be held and identify the sections of the Open Meeting Act authorizing the closed meeting. No finaI action, decision, or vote can be made in a closed meeting. All final actions, decisions, and votes must be made in open meetings. Further, the governmental body is required to keep a certified agenda of the matters discussed in the closed meeting and a record of any further action taken. The presiding officer must include an announcement at the beginning and end of the closed meeting indicating the time and place, and must certify that the agenda is a true and correct record of the proceedings. In lieu of maintaining a certified agenda, a tape recording of the closed meeting may be made. It is a misdemeanor offense to participate in a closed meeting where a certified agenda or tape recording is not kept. It is also a misdemeanor offense for any individual to make public such certified agenda or tape recordings unless directed by a court order. These certified agendas or tape recording must be preserved for at least two years. 2.7 Penalties. A fine of not less than $100 not more than $500 or imprisonment in the County jail for not less than one month nor more than six months, or both fine and imprisonment, can be imposed for violating the provisions of the Open Meetings Act or conspiring to circumvent the provisions of the Open Meetings Act by meeting in number less than a quorum for the purposes of secret deliberations. Section 3 Open Records Act. Texas Government Code, Chapter 552 is conunonly referred to as the TEXAS OPEN RECORDS ACT. 3.1 The Open Records Act applies to virtually all local and state governmental bodies, "private" entities that are supported by or that expend public funds and/or information held by "private" entities in the constructive possession of governmental bodies. 3.2 All information held by a governmental body must be released unless the information falls within one of the acts specific exceptions to disclosure. 3.3 Virtually all information in the physical possession of a governmental body is subject to the act. 3.4 Penalties. A fine of not less than $25 or more than $4,000 or confinement County jail for not less than three days Qr more than three months, or both fine and confinement, can be imposed for violating the provisions of the Open Records Act. 7