On Thursday morning, Mayor Kirk Watson opened a scheduled budget work session in an unusual manner.

“Last night we received a copy of a court order on one of the lawsuits and will therefore provide an opportunity for public comment this morning,” he said.

The announcement came hours after a Travis County court decided in favor of the Save Our Springs Alliance in its lawsuit against the city for violations of the Open Meetings Law, this time regarding the issue of public comments during work sessions.

Work sessions, introduced during former Mayor Steve Adler’s administration to make regular meetings more efficient, are held on Tuesdays before Thursday City Council meetings. During work sessions, the council listens to briefings from staff and discusses – but does not vote on – items on the upcoming agenda. Previously, there has been no opportunity for the public to comment at work sessions.

In April, the Save Our Springs Alliance Lawsuit filed about City Council procedures that allow the public to speak. SOS won the suit However, he later asked for further clarification on the Council’s codified rules for working sessions and public speaking.

Judge Daniella Deseta Lyttle’s ruling on Wednesday states that the city must reclaim part of the recently adopted regulation adopted the rules and procedures for the City Council. The section of the code that must be removed next week reads: “These procedures are only directive, and a violation of any of the provisions of this ordinance shall not affect the validity or legality of any otherwise duly adopted Council action.”

According to the ruling, this section of the ordinance “provides no legal consequences for non-compliance or conflict with city charter or state law” and essentially served as a loophole that said, “It’s an ordinance, but it’s not really enforceable, and we don’t have to follow it,” as SOS Executive Director Bill Bunch put it in a conversation with the Austin Monitor.

On the larger issue of public comment at work sessions, he noted that the lack of public participation does not constitute a violation of Texas open meetings law “so long as the City Council does not deliberate at work sessions” or conducts them in a manner that meets the definition of “meetings.” under state lawThis means that, while the Council is not obliged to give the public the opportunity to speak when briefings are given, it must give citizens the opportunity to express their views when items to be voted on in the future are being discussed.

“If they’re just doing briefings, that’s fine. But if they cross the line into deliberations, they need to let people speak at work sessions as well,” Bunch said. “The public can provide input early enough that it can make a difference. If they all decide on Tuesday what they’re going to do and just kind of hold the vote on Thursday pro forma … just letting people speak on Thursday is too late. Opinions are already set.”

“It’s unfortunate that we or someone else has to sue them to comply with the open meeting law and to let the people have their say on public issues,” he continued. “Anyway, it’s done for now.”

A city spokesman responded to a request for comment on the ruling to the monitorand said: “We are grateful for the court’s guidance. The City believes it has complied with the Texas Open Meetings Act and is committed to continuing to do so.”

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