Q Is it lawful for a public body to enter into executive session and clear the room of all other attendants and let a board member who is in attendance by telephone remain in attendance in the executive session by telephone?

A Once the requirements of Section 25-41-5 are met, there are no limitations on the types of sessions that may be conducted with a member participating by telephone. Once the board votes to go into executive session, any location where the public is located should be cleared of all people other than the board and any other people authorized to remain in the executive session. It would be improper for a board member who is in attendance during executive session by telephone to allow anyone to listen in who was not invited to attend the executive session by vote of the entire board, but, if this is a problem, it would be an internal board issue to determine how to best enforce its votes on decisions to enter executive session. (Attorney Generalís Opinion to Guice, January 10, 2014)