Council, EDC return to executive session after motion to hear attorney advice in public fails

At a joint meeting of the Hutto City Council and the Hutto Economic Development Corporation (HEDC) on April 3, 2025, a motion to hear legal advice about the intracorporate attorney‑client privilege in open session failed and the bodies returned to executive session under Texas Government Code §551.071.

City and EDC attorneys told the meeting the agenda item was posted under Texas Government Code section 551.071 for consultation with counsel about the application of the intracorporate attorney‑client privilege and access to executive session minutes. The attorney described the intracorporate privilege as a rule that can allow affiliated entities (for example, a parent corporation and a wholly owned subsidiary) to meet with counsel and maintain privileged communications, but cautioned that certain actions can cause the privilege to be lost.

Council members pressed for clarity about what specific legal advice would be given in executive session and whether that advice could be summarized publicly without waiving privilege. An attorney at the meeting explained that a confidential attorney‑client exchange in executive session would remain protected unless a majority voted to waive the privilege, and that a public recap would need to avoid revealing privileged particulars.

A motion was made to have the city council component of the joint meeting receive the legal advice in open session. The motion was seconded by Councilor Porterfield. The roll‑call vote as recorded in the meeting transcript was: Mayor Sanders — aye; Mayor Pro Tem Gordon — nay; Councilor Thompson — nay; Councilor Thorton — aye; Councilor Clark — nay; Councilor Porterfield — aye; Councilor Muller — aye. The motion failed, and the bodies returned to executive session under the posted citation.

After the vote, some members asked whether a limited public summary of topics discussed in executive session could be prepared by counsel for release without waiving privilege. Board and council attorneys said a summary could be considered, but its release would likely require separate votes by both the EDC board and the city council and might be constrained by privilege.

The meeting also included a separate, later motion to request release of a memo from Hyde Kelly dated March 27, 2025; that motion was seconded but the transcript does not record a final vote on the memo’s release.

The council and EDC then recessed to executive session under the posted authority for attorney consultation. The transcript shows the bodies intended to return to open session afterward and to provide any permissible public summary consistent with legal limits on privilege.