Open Meeting Act does not Permit Instructing Legal Counsel in Executive Sessions.

According to Texas Open Meetings Act does not permit the board of trustees to instruct legal counsel to take action on behalf of the district in executive session. The act only permits the board of trustees to seek the advice of counsel...period. For the attorney to act on the behalf of the district the board of trustees must instruct legal counsel to do so in a regular public session.
Mr. Luna did file an appeal naming the district as the plainiff;did the board of trustees instruct Mr. Luna to take this action? Did the board instruct Mr. Luna to file the appeal during a executive session, in violation of the open meetings act?

Open Meetings Act.

Section 551.071: Consultations with Attorney

Section 551.071 authorizes a governmental body to consult with its attorney in an executive session to seek his or her advice on legal matters. It provides as follows:
A governmental body may not conduct a private consultation with its attorney except:

• when the governmental body seeks the advice of its attorney about:
• pending or contemplated litigation; or
• a settlement offer; or
• on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.