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,

I 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.