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Is my city councilman forbidden by law from talking about executive sessions?

Question: I asked a city councilman what he and the rest of the board discussed in closed-door session (executive session). He said he could not by law comment, that the law prevented him from disclosing what was said. I told him that he could comment and that there was no law preventing him from telling me what was discussed as per the Texas Attorney General Opinion on the matter. Am I wrong? Has something changed?

Answer:  No. You’re not wrong. The city councilman was misinformed. The records of what happened may be closed, but individuals in the meeting are free to disclose what happened. There are some privacy issues to consider if the topic of the meeting was a personnel issue, but to ban a participant from talking about the meeting would violate the First Amendment.

By Chip Stewart

Dr. Chip Stewart joined the Schieffer School from the University of Missouri, where he finished his Ph.D. while teaching and working at the Columbia Missourian.
Stewart is currently editor-in-chief of Dispute Resolution Magazine, a quarterly publication of the Dispute Resolution Section of the American Bar Association.
His journalism experience includes working as city editor of the Missourian. He is also a sports freelance writer and has worked as a sports public relations assistant at Southern Methodist University.
Stewart earned his law degree at the University of Texas and is licensed to practice both by the Texas bar and the Missouri bar. He worked as an attorney in Killeen in the late 1990s, practicing criminal, bankruptcy and family law. He also clerked in the Travis County Attorney's office.