October 29, 2014, 12:11
JWEssential Employees in Executive Session?
Attorney General Op. JC-0506(2002) discusses commissioners courts including nonmembers like county employees in executive session, and lists three criteria: 1)non-adverse interests; 2) necessary to discussion; and 3)won't waive attorney-client privilege. It's a case-by-case determination made by the commissioners court together with its attorney.
One county reads a prepared statement for each employee admitted for each item. What do other counties do? Does anyone print the criteria on the agenda and refer to it? Thanks,
December 03, 2014, 11:34
Meredith KennedyI guess I would be interested to hear what others print on their agenda. We post as a regular closed session agenda item, without any particular notice of who will be in attendance. If, for instance, we are going to talk about a particular lawsuit with the Sheriff's Office, I would only include those persons in command staff that I would consider "attorney-client privilege" personnel. If an individual officer is sued, I would permit them to participate, but I try to limit outsiders as much as possible.