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Commissioners debate whether town attorney or commission has authority over executive-session admissions
Summary
A commissioner presented a letter responding to town-attorney advice about whether an unsworn person could be permitted into executive session. Commissioners debated FOI statute limits, charter-specified swearing-in requirements, and lawyer–client privilege considerations; no formal change was made.
During new business, a commissioner reported receiving town-attorney guidance related to a prior meeting’s executive-session access and said they had prepared a response letter citing state Freedom of Information statutes. The letter argued that only the full commission — not the town attorney alone — can permit or exclude people from executive session.
Other commissioners and staff noted two countervailing legal concerns: the town charter’s requirement that members be sworn in before participating in deliberations and the lawyer–client privilege protecting confidential attorney–client exchanges during legal discussions. Several commissioners said they would have excluded the individual from a legal executive session to preserve privilege and to avoid potential appeals about selective access.
No formal policy change or vote was recorded. Commissioners agreed to be mindful of both FOI considerations and charter or attorney advice going forward and to consult town counsel when procedural ambiguity arises.
