Legal Services

	"A member of the public wants to sit in on our upcoming executive session to discuss some contract negotiations. I just learned he’s the brother of one of the vendors we’re considering. Do we have to allow it?"

Can a third-party, non-county employee or official attend an executive session of the commissioners court?

Attendance at an executive session is not limited to the commissioners court. Generally, in an executive session, a governmental body may include a person whose interests are not averse to the governmental body’s interests and whose participation is necessary to the matter under discussion. Tex. Att’y Gen. Op. No. JC-0375 (2001).

The commissioner’s court may not admit selected members of the public to an executive session. Tex. Att’y Gen. Op. No. GA-0511 (2007).

When the executive session is called to consult with an attorney regarding pending litigation or settlement options, the county must consider whether a person’s presence will waive the attorney-client privilege and possibly make that person a witness subject to testifying. Tex. Att’y Gen. Op. Nos. KP-0006 (2015) and JC-0506 (2002). For more information, see our publication Open Meetings Act.