Conroe City Council members can once again participate virtually in closed executive sessions after council voted 3-2 on July 9 to repeal a year-old rule requiring them to attend in person.
Mayor Pro Tem John Sellars and council members Kristin Hoisington and Ken Blevins supported the repeal. Council members Shana Arthur and David Hairel voted against it.
The takeaway
Mayor Duke Coon, who brought the item forward, did not vote. Under the city’s charter, the mayor serves as a nonvoting member of council except when needed to break a tie.
The change allows the mayor and council members to participate in executive sessions by video or telephone when attending a meeting remotely. Executive sessions will remain closed to the public and are used to discuss certain matters, including legal advice, personnel, real estate and pending litigation.
What they’re saying
Coon said the previous rule created a situation in which council members attending virtually could participate in the public portion of a meeting but could not join executive-session discussions. Once the council returned to open session, those members could still be asked to vote on the matter.
“Let’s stop policing our own City Council members,” Coon said. “Have some faith in your elected officials, have some faith in yourselves. We can do this. I know we can.”
Arthur said her concerns were centered on protecting sensitive information discussed behind closed doors.
“These meetings involve confidential, legal, personnel and litigation matters, and I believe we should do everything possible to protect attorney-client privilege and confidentiality,” Arthur said.
When Arthur asked whether remote participation could create additional legal or confidentiality risks, interim City Attorney Loren Smith did not recommend for or against the change. Smith said each council member has a fiduciary responsibility to residents and a duty to ensure confidentiality is protected.
Council member Ken Blevins also asked Smith whether he was aware of other municipalities allowing council members to participate in executive sessions through Zoom. Smith said other municipalities use virtual participation for closed-session discussions.
Sellars questioned the fairness of excluding a council member from a closed discussion and later expecting that member to vote.
“It seems much more ludicrous to expect a councilman to come out and vote on something that transpired during an executive session he wasn’t allowed to be a part of,” Sellars said.
Hairel said allowing remote participation could introduce technical, security and legal concerns involving attorney-client privilege.
“I cannot support, and I will actively oppose any practice that introduces unnecessary risk to this privilege,” Hairel said.
How we got here
Council adopted the in-person attendance requirement on April 24, 2025. The policy required the mayor and council members to be physically present to participate in executive sessions and prohibited participation by video or telephone.
According to prior reporting, then-City Attorney Mike Garner recommended the change because of concerns that confidential discussions protected by attorney-client privilege could be overheard when members participated remotely.
Garner also said he had been made aware of instances in which information discussed during executive sessions was later shared outside the meeting.
The original requirement passed 3-2, with Arthur, Hairel and former council member Marsha Porter supporting the change. Former Mayor Pro Tem Howard Wood and former council member Harry Hardman opposed it.
